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43-2-510
Section 43-2-510 Credit for expenses of minor distributees. (a) When the estate of a decedent
is solvent, the executor or administrator, out of the assets in his hands, may defray the
necessary and reasonable expenses of maintaining and educating minors who are entitled to
distribution therein, and who have no legal guardian; and, upon any partial or final settlement
by him, the probate court must allow him credit for such expenses. To the extent the expenses
are not within the family allowance, the expenses shall be charged against the shares of such
minors and deducted therefrom on any distribution of the estate. (b) An executor or administrator
defraying such expenses must file with his account for a settlement a separate account of
the amounts paid therefor on account of each of such minors accompanied by proper vouchers,
showing the amounts and for what expended. (Code 1876, §§2644, 2645; Code 1886, §§2159,
2160; Code 1896, §§227, 288; Code 1907, §§2676, 2677; Code 1923,...
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10A-1-7.35
Section 10A-1-7.35 Out of state business or property of foreign entity not subject to control
or regulation. (a) The public interest lying in the promotion of business and industry in
this state, it is the intent of the Legislature and declared to be the policy of the State
of Alabama by passage of this section to promote and encourage industry and business in Alabama
and specifically to induce the location within this state of the principal administrative
office, principal distribution or manufacturing plant or principal place of business of foreign
entities engaged in manufacturing, industrial, commercial, business, transportation, utility,
public service, and research enterprises. This section shall be liberally construed in conformity
with this intention. (b) When a foreign entity that transacts only a portion of its business
in this state has located, or is in the process of locating, its principal administrative
office, its principal distribution or manufacturing plant or its...
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24-1-40
Section 24-1-40 Exemption of authority property from mortgage foreclosures, levy, and execution
and judgment liens. No interest of the authority in any property, real or personal, shall
be subject to sale by the foreclosure of a mortgage thereon, either through judicial proceedings
or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages
provided for in Section 24-1-35. All property of the authority shall be exempt from levy and
sale by virtue of an execution, or other process, to the same extent as now enjoyed by the
properties of towns, cities, and counties of Alabama. No judgment against the authority shall
be a charge or lien upon its property, real or personal. The provisions of this section shall
not apply to or limit the right of obligees to foreclose any mortgage of the authority provided
for in Section 24-1-35 and, in case of a foreclosure sale thereunder, to obtain a judgment
for any deficiency due on the indebtedness secured thereby...
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24-1-78
Section 24-1-78 Exemption of authority property from mortgage foreclosures, levy, and execution
and judgment liens. No interest of the authority in any property, real or personal, shall
be subject to sale by the foreclosure of a mortgage thereon, either through judicial proceedings
or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages
provided for in Section 24-1-74. All property of the authority shall be exempt from levy and
sale by virtue of an execution, or other process, to the same extent as now enjoyed by the
properties of towns, cities, and counties of Alabama. No judgment against the authority shall
be a charge or lien upon its property, real or personal. The provisions of this section shall
not apply to or limit the right of obligees to foreclose any mortgage of the authority provided
for in Section 24-1-74 and, in case of a foreclosure sale thereunder, to obtain a judgment
for any deficiency due on the indebtedness secured thereby...
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24-9-8
Section 24-9-8 Quiet title and foreclosure action. (a) The authority may initiate a quiet title
action under this section to quiet title to real property held by the authority or interests
in tax delinquent property held by the authority by recording with the office of the judge
of probate in the county in which the property subject to quiet title action is located a
notice of pending quiet title action. The notice shall include the name of the taxpayer whose
interest was affected by the tax sale; the name of any other party as revealed by a search
and examination of the title to the property who may claim an interest in the property; a
legal description of the property; the street address of the property if available; the name,
address, and telephone number of the authority; a statement that the property is subject to
the quiet title proceedings under Act 2013-249; and a statement that any legal interests in
the property may be extinguished by a circuit court order vesting title to...
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34-3-60
Section 34-3-60 Fees paid as part of costs in partition and trust proceedings. In all actions
and proceedings in the probate courts and circuit courts and other courts of like jurisdiction,
where there is involved the administration of a trust, or where there is involved the sale
of property for distribution, or where there is a partition in kind of real or personal property
between tenants in common, the court having jurisdiction of such action or proceeding may
ascertain a reasonable attorney's fee, to be paid to the attorneys or solicitors representing
the trust, joint or common property, or any party in the action or proceeding, and is authorized
to tax as a part of the costs in such action or proceeding such reasonable attorney's fee,
which is to be paid when collected as the other costs in the proceeding to such attorneys
or solicitors as may be directed or ordered by the court and to be a lien on the several parts
in case of partition in kind. (Code 1907, §§3010, 5219; Code...
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35-11-228
Section 35-11-228 Liens stand on equal footing; exception; distribution of proceeds. All liens
arising under this division, except in favor of the original contractor, shall stand on an
equal footing, and be first paid out of the proceeds of the sale of the property, or money
collected from the owner or proprietor; and if such proceeds and money are insufficient to
satisfy such liens in full, the same shall be distributed pro rata among the holders thereof;
but no person shall be entitled to participate in such distribution until he has obtained
judgment establishing his lien. (Code 1876, §3461; Code 1886, §3040; Code 1896, §2745;
Code 1907, §4776; Code 1923, §8854; Code 1940, T. 33, §58.)...
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35-6-62
Section 35-6-62 Sale instead of partition - Decree and orders; appointment of commissioner;
conduct of sale. If, upon the hearing, the court is satisfied from the proof that such property
cannot be equitably divided or partitioned among the parties in interest, it must decree the
same to be sold, and make and issue all such orders as may be necessary to effect the sale
thereof, and appoint a suitable commissioner to make the sale; and the sale shall be conducted,
the purchase money collected, conveyance of the title made and all proceedings subsequent
to the sale conducted in every respect as is done when property in the hands of an executor
or administrator is to be distributed. (Code 1867, §3124; Code 1876, §3518; Code 1886, §3257;
Code 1896, §3182; Code 1907, §5226; Code 1923, §9326; Code 1940, T. 47, §214.)...
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19-3D-19
Section 19-3D-19 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. TAX-RELATED LIMITATIONS.
(a) In this section the following terms have the following meanings: (1) GRANTOR TRUST. A
trust as to which a settlor of a first trust is considered the owner under 26 U.S.C. Sections
671 through 677, as amended, or 26 U.S.C. Section 679, as amended. (2) INTERNAL REVENUE CODE.
The United States Internal Revenue Code of 1986, as amended. (3) NONGRANTOR TRUST. A trust
that is not a grantor trust. (4) QUALIFIED BENEFITS PROPERTY. Property subject to the minimum
distribution requirements of 26 U.S.C. Section 401(a)(9), as amended, and any applicable regulations,
or to any similar requirements that refer to 26 U.S.C. Section 401(a)(9) or the regulations.
(b) An exercise of the decanting power is subject to the following limitations: (1) If a first
trust contains property that qualified, or would have...
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30-3-197
Section 30-3-197 Authorized actions; safeguards. (a) Provided that no actions are pending before
any circuit and district court of this state, the state Title IV-D agency may take the following
actions related to establishment of paternity or to the establishment, modification, or enforcement
of support orders, without the necessity of obtaining an order from any other judicial or
administrative tribunal, or in furtherance of any existing order, and to recognize and enforce
the authority of the state Title IV-D agencies of other states of the following actions: (1)
To order genetic testing for the purpose of paternity establishment. (2) To subpoena any financial
or other information needed to establish, modify, or enforce a support order, and to impose
penalties for failure to respond to a subpoena. (3) To require all entities in the state,
including for profit, nonprofit, and governmental employers, to provide promptly, in response
to a request by the state Title IV-D agency of this...
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