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43-8-253
the killer had predeceased the decedent. (b) Any joint tenant who feloniously and intentionally
kills another joint tenant thereby effects a severance of the interest of the decedent so
that the share of the decedent passes as his property and the killer has no rights by survivorship.
This provision applies to joint tenancies with the right of survivorship and tenancies in
common during the respective lives of the grantees with cross-contingent remainders in fee
to the survivor in real and personal property, joint and multiple-party accounts in
banks, savings and loan associations, credit unions and other institutions, and any other
form of co-ownership with survivorship incidents. (c) A named beneficiary of a bond, life
insurance policy, or other contractual arrangement who feloniously and intentionally kills
the principal obligee or the person upon whose life the policy is issued is not entitled to
any benefit under the bond, policy or other contractual arrangement, and it becomes...
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6-10-100
Section 6-10-100 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Generally. (a) When the property, real or personal,
owned by a decedent at the time of his death does not exceed in amount and value the exemption
allowed in favor of his or her surviving spouse and minor child or children, or either, and
no administration is granted on his estate within 60 days after his death, the probate court
of the county in which he resided at the time of his death, upon the application of the surviving
spouse or, if there is no surviving spouse or he or she does not act, upon the application
of a suitable person who shall be appointed by the judge of probate as the next friend of
such minor child or children, verified by oath and setting forth such facts, as well as the
names, condition, and residence, if known, of the heirs of the decedent other than the minor
children of the decedent, must appoint two commissioners, who shall...
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43-8-113
Section 43-8-113 Source, determination and documentation of exempt property and allowances;
petition for relief by personal representative or interested person. If the estate
is otherwise sufficient, property specifically devised is not used to satisfy rights to homestead
and exempt property. Subject to this restriction, the surviving spouse, the guardians of the
minor children, or children who are adults may select property of the estate as homestead
allowance and exempt property. The personal representative may make these selections
if the surviving spouse, the children or the guardians of the minor children are unable or
fail to do so within a reasonable time or if there are no guardians of the minor children.
The personal representative may execute an instrument or deed of distribution to establish
the ownership of property taken as homestead allowance or exempt property. He or she may determine
the family allowance in a lump sum not exceeding fifteen thousand dollars ($15,000) or...
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5-24-15
Section 5-24-15 Rights of creditors and others. (a) If other assets of the estate are insufficient,
a transfer resulting from a right of survivorship or POD designation under this chapter is
not effective against the estate of a deceased party to the extent needed to pay claims against
the estate and statutory allowances to the surviving spouse and children. (b) A surviving
party or beneficiary who receives payment from an account after death of a party is liable
to account to the personal representative of the decedent for a proportionate share
of the amount received to which the decedent, immediately before death, was beneficially entitled
under Section 5-24-11, to the extent necessary to discharge the claims and allowances described
in subsection (a) remaining unpaid after application of the decedent's estate. A proceeding
to assert the liability may not be commenced unless the personal representative has
received a written demand by the surviving spouse, a creditor, a child, or a...
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43-2-696
Section 43-2-696 Effect of transfer pursuant to affidavit. The person making payment, delivery,
transfer or issuance of personal property or evidence thereof pursuant to the affidavit
prescribed in section 43-2-694 shall be discharged and released to the same extent as if made
to a personal representative of the decedent, and he shall not be required to see the
application thereof or to inquire into the truth of any statement in the affidavit if made
by any other person. If any person to whom such affidavit is delivered refuses to pay, deliver,
transfer or issue any personal property or evidence thereof, it may be recovered or
its payment, delivery, transfer or issuance compelled in an action brought for such purpose
by or on behalf of the person entitled thereto under sections 43-2-692 and 43-2-695 upon proof
of the defeasible right declared by such sections. Any person to whom payment, delivery, transfer
or issuance is made shall be answerable and accountable therefor to any personal...
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43-2-517
Section 43-2-517 Appointment and compensation of special guardian. The jurisdiction of the
probate court to make partial or final settlements or distributions of the estates of decedents
is not affected by the fact that the executor or administrator making the settlement is also
guardian of any heir or distributee, devisee or legatee of the decedent; but in such case
the court must appoint a special guardian, without bond, to represent such heir or distributee,
devisee or legatee on the settlement and distribution; and, upon final settlement, any decree
to which such ward may be entitled must be rendered against the executor or administrator
in the name of the special guardian for the use of the ward; and thereafter the executor or
administrator, in the capacity of guardian, shall be accountable for such decree. The special
guardian shall be entitled to reasonable compensation for his services and for the services
of counsel properly employed to be allowed by the court and to be paid...
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32-10-7
or knowingly allow its use or distribution, for a commercial purpose other than the news-gathering
organization's publication or broadcasting of the information in the report. A newspaper,
periodical, or radio or television station shall not be held to have used or knowingly allowed
the use of the report for a commercial purpose merely because of its publication or broadcast.
The news-gathering organization shall not distribute the report or any of the contents of
the report, including personal information contained in the report, to any third party
for any other purpose. For 30 days following the accident, the Alabama State Law Enforcement
Agency shall limit any personal identifying information contained in any accident report
released pursuant to this subsection to the name and age of the person involved. The complete
report shall be made available after that date, excluding any juvenile information or personal
information as defined by 18 U.S.C. ยง2725. Except as provided above...
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26-2A-138
Section 26-2A-138 Who may be appointed conservator; priorities. (a) The court may appoint an
individual or a corporation with general power to serve as trustee or conservator of the estate
of a protected person. The following are entitled to consideration for appointment in the
order listed: (1) A conservator, guardian of property, or other like fiduciary appointed or
recognized by an appropriate court of any other jurisdiction in which the protected person
resides; (2) An individual or corporation nominated by the protected person who is 14 or more
years of age and of sufficient mental capacity to make an intelligent choice; (3) An attorney-in-fact
under a valid durable power of attorney previously executed by the protected person and giving
the attorney-in-fact reasonably broad powers over the property of the protected person; (4)
The spouse of the protected person, or a person nominated by the will of a deceased spouse
to whom the protected person was married at the decedent's death...
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43-2-697
Section 43-2-697 Notice to Medicaid Agency of appointment as personal representative
or filing of petition under Section 43-2-692. (a) The personal representative, or person
filing to initiate a proceeding in accordance with the Alabama Small Estates Act, Division
10 of this article, shall give notice of his or her appointment, or the filing of a petition
in accordance with Section 43-2-692, to the Medicaid Agency. The notice shall include all
of the following information: (1) The full legal name of the deceased. (2) The date of birth
of the deceased. (3) The date of death of the deceased. (4) The Social Security number of
the deceased. (5) The marital status of the deceased at the time of death. (6) The name, address,
and phone number of the spouse of the deceased, if applicable. (7) The court in which a probate
estate has been opened. (8) The probate case number. (9) The date on which letters testamentary
or letters of administration were issued by the probate court. (10) The name,...
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43-2-833
Section 43-2-833 General duties; relation and liability to persons interested in estate; standing
to sue. (a) A personal representative is a fiduciary. Except as otherwise provided
by the terms of the will, the personal representative shall observe the standards in
dealing with the estate that would be observed by a prudent person dealing with the property
of another. If the personal representative has special skills or is named personal
representative on the basis of representations of special skills or expertise, the personal
representative is under a duty to use those skills. A personal representative is under
a duty to settle and distribute the estate of the decedent in accordance with the terms of
any probated and effective will and Title 43, and as expeditiously and efficiently as is consistent
with the best interests of the estate. The personal representative shall use the authority
conferred upon personal representatives by law, the terms of the will, if any, and
any order in...
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