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41-9-85.1
Section 41-9-85.1 Definitions. As used in this division, the following terms shall have the
following meanings: (1) CONVICTED INDIVIDUAL. An individual convicted of a specified crime
or a representative of the individual. (2) EARNED INCOME. Income derived from an individual's
own labor or active participation in a business. The term does not include income from dividends
or investments. (3) FUNDS OF A CONVICTED INDIVIDUAL. Funds and property received from any
source by a convicted individual. The term includes funds that a superintendent, sheriff,
municipal official, or other correctional official receives on behalf of a convicted individual
and deposits into the individual's inmate or prisoner account to the credit of the individual.
The term does not include funds from child support payments and earned income, except any
income defined as profits from a crime. (4) PERSON. An individual, corporation, estate, partnership,
association, or other legal entity, or representative of such....
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43-2-837
Section 43-2-837 Duty of personal representative; possession of estate. Except as otherwise
provided by a decedent's will, every personal representative has a right to, and shall
take possession or control of, the decedent's property, except that any real property or tangible
personal property may be left with or surrendered to the person presumptively entitled
thereto unless or until, in the judgment of the personal representative, possession
of the property by the personal representative will be necessary for purposes of administration.
A request in writing by a personal representative for delivery of any property possessed
by an heir or devisee is conclusive evidence, in any action against the heir or devisee for
possession thereof, that the possession of the property by the personal representative
is necessary for purposes of administration. The personal representative shall pay
taxes on, receive the income therefrom, and pay the expenses reasonably necessary for the
management,...
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43-2-841
Section 43-2-841 Sale, encumbrance, or transaction involving conflict of interest; voidable;
exceptions. Any sale or encumbrance to the personal representative, the personal
representative's spouse, agent or attorney, or any corporation or trust in which the personal
representative has a substantial beneficial interest, or any transaction which is affected
by a substantial conflict of interest on the part of the personal representative, is
voidable by any person interested in the estate except one who has consented after fair disclosure,
unless: (1) The will or a contract entered into by the decedent expressly authorized the transaction.
(2) The transaction is approved by the court after notice to interested persons. (3) The transaction
is otherwise authorized by law. (Acts 1993, No. 93-722, p. 1411, §12.)...
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22-52-93
Section 22-52-93 Costs. No county shall be required to pay costs associated with the temporary
confinement or commitment of a person to a designated mental health facility, including, but
not limited to, the cost of housing and treatment. All costs associated with a probable cause
hearing, including cost of counsel, shall be paid by the State General Fund upon order of
the judge of probate; except, that if the petition is denied and the petitioner is not indigent
and is not a law enforcement officer or other public official acting within the line and scope
of his or her duties, all costs may be taxed against the petitioner, or if the petition is
granted and the person sought to be committed is not indigent, the judge of probate may order
all costs paid from the estate of the person committed. (Acts 1994, No. 94-690, p. 1326, §4.)...
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26-1A-116
Section 26-1A-116 Judicial relief. (a) The following persons may petition a court to construe
a power of attorney, determine the validity of a power of attorney, or review the agent's
conduct, and grant appropriate relief: (1) the principal or the agent; (2) a guardian, conservator,
or other fiduciary acting for the principal; (3) a person authorized to make health care decisions
for the principal; (4) the principal's spouse, parent, or descendant; (5) an individual who
would qualify as a presumptive heir of the principal; (6) a person named as a beneficiary
to receive any property, benefit, or contractual right on the principal's death or as a beneficiary
of a trust created by or for the principal that has a financial interest in the principal's
estate; (7) a governmental agency having regulatory authority to protect the welfare of the
principal; (8) the principal's caregiver or another person that demonstrates sufficient interest
in the principal's welfare; (9) a person asked to...
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31-3-3
Section 31-3-3 Payment of compensation - Manner; apportionment among dependents. The compensation
payable to surviving dependents of Alabama national guardsmen who are killed under the circumstances
prescribed in Section 31-3-2 shall be paid to the persons entitled thereto, without administration,
or to a guardian or such other person as the awarding authority may direct, for the use of
the persons entitled thereto as follows: (1) If the deceased Alabama national guardsman leaves
a dependent widow and no other dependents or partial dependents the total amount of the compensation
provided for by this chapter shall be paid to such widow. (2) If the deceased Alabama national
guardsman leaves a dependent widow and a dependent child or dependent children and no other
dependents or partial dependents, then the total amount of the compensation provided for by
this chapter shall be paid to such widow for the benefit of herself and such child or children.
Or, in its discretion, the awarding...
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35-5A-2
court. (6) CUSTODIAL PROPERTY. a. Any interest in property transferred to a custodian under
this chapter and b. The income from and proceeds of that interest in property. (7) CUSTODIAN.
A person so designated under Section 35-5A-10 or a successor or substitute custodian designated
under Section 35-5A-19. (8) FINANCIAL INSTITUTION. A bank, trust company, savings institution,
or credit union, chartered and supervised under state or federal law. (9) LEGAL REPRESENTATIVE.
An individual's personal representative or conservator. (10) MEMBER OF THE MINOR'S
FAMILY. The minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt,
whether of the whole or half blood or by adoption. (11) MINOR. An individual who has not attained
the age of 21 years. (12) PERSON. An individual, corporation, organization, or other legal
entity. (13) PERSONAL REPRESENTATIVE. An executor, administrator, successor personal
representative, or special administrator of a decedent's estate or a...
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43-2-232
Section 43-2-232 Hearing. At the hearing, the probate court shall take such legal evidence
as shall then be offered for the purpose of ascertaining whether the presumption of death
is established, and no person shall be disqualified to testify by reason of his or her relationship
as husband or wife to the supposed decedent or of his or her interest in the estate of the
person supposed to be dead. (Acts 1939, No. 46, p. 53; Code 1940, T. 61, §158.)...
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43-2-274
Section 43-2-274 Appointment of administrator after final settlement. After a final settlement,
there being personally not administered which requires an administrator for the proper disposition
thereof, the judge of probate of the proper county must proceed to appoint a suitable person
as administrator who shall give bond as required by law and administer the personal
estate of the decedent not already administered. (Code 1940, T. 61, §177.)...
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43-2-843
Section 43-2-843 Transactions authorized for personal representatives; exceptions. Except
as restricted or otherwise provided by the will or by an order of court and subject to the
priorities stated in Section 43-8-76, a personal representative, acting prudently for
the benefit of the interested persons, may properly: (1) Retain assets owned by the decedent
pending distribution or liquidation including those in which the representative is personally
interested or which are otherwise improper for trust investment. (2) Receive assets from fiduciaries,
or other sources. (3) Perform, compromise, or refuse performance of the decedent's contracts
that continue as obligations of the estate, as the personal representative may determine
under the circumstances. In performing enforceable contracts by the decedent to convey or
lease land, the personal representative, among other possible courses of action, may
do either of the following: a. Execute and deliver a deed of conveyance for cash...
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