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26-10A-17
Section 26-10A-17 Notice of petition. (a) Unless service has been previously waived, notice
of pendency of the adoption proceeding shall be served by the petitioner on: (1) Any person,
agency, or institution whose consent or relinquishment is required by Section 26-10A-7, unless
parental rights have been terminated pursuant to Section 12-15-319. (2) The legally appointed
custodian or guardian of the adoptee. (3) The spouse of any petitioner who has not joined
in the petition. (4) The spouse of the adoptee. (5) The surviving parent or parents of a deceased
parent of the adoptee unless parental rights have been terminated pursuant to Section 12-15-319.
(6) Any person known to the petitioners as currently having physical custody of the adoptee,
excluding foster parents or other private licensed agencies, or having visitation rights with
the adoptee under an existing court order. (7) The agency or individual authorized to investigate
the adoption under Section 26-10A-19. (8) Any other...
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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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36-30-3
Section 36-30-3 Payment of compensation - Generally. The compensation payable to surviving
beneficiaries or dependents of peace officers, firefighters, or rescue squad members who are
killed under the circumstances prescribed in Section 36-30-2 shall be paid to the beneficiaries
designated by those peace officers, firefighters, or rescue squad members. If no beneficiaries
have been designated, or if none remain, the compensation 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 peace
officer, firefighter, or rescue squad member leaves a dependent spouse and no other dependents
or partial dependents, the total amount of the compensation provided for in Section 36-30-2
shall be paid to the surviving spouse. (2) If the deceased peace officer, firefighter, or
rescue squad member leaves a dependent spouse and a dependent...
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43-2-42
Section 43-2-42 Order of grant of administration. (a) Administration of an intestate's estate
must be granted to one of the persons herein named if the person is willing to accept and
satisfactory to serve in the following order: (1) The husband or widow. (2) The next of kin
entitled to share in the distribution of the estate. (3) The largest creditor of the estate
residing in this state. (4) Any other person as the judge of probate may appoint. (b) Notwithstanding
the provisions of subsection (a) of this section, in all counties having a population of 400,000
or more, according to the last or any subsequent federal census, or in any county having an
elected general or county administrator, administration of an intestate's estate must be granted
to some one of the persons hereinafter named, if willing to accept and satisfactory to serve,
in the following order: (1) The husband or widow. (2) The next of kin entitled to share in
the distribution of the estate. (3) The largest creditor of...
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43-2-467
Section 43-2-467 Correction of mistake in description of lands sold. (a) When a mistake has
been made in the description of lands of a decedent sold in good faith under an order of the
probate court, either in the petition, order or other proceedings, the court ordering the
sale has authority, on the written application of the purchaser, or his heirs or personal
representatives, or any person holding under him, verified by affidavit, to correct such mistake.
The application must contain a correct description of the lands sold, and must state the facts,
and the names, ages and places of residence of the personal representatives and heirs or devisees
of such decedent, if known, and if there be no personal representative, that fact must be
stated; and, upon the filing of such application, the court must appoint a day for the hearing,
of which, and of the nature of the application, notice must be given, by personal service,
to the personal representative of such decedent, and such of his...
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45-37A-51.09
Section 45-37A-51.09 Compensation limits; forfeitures; required minimum. (a) Compensation in
excess of one hundred sixty thousand dollars ($160,000), or such other amount provided in
the Internal Revenue Code of 1986, as amended, shall be disregarded. Such amount shall be
adjusted for increases in the cost-of-living in accordance with Section 401(a)(17)(B), except
that the dollar increase in effect on January 1 of any calendar year shall be effective for
the fiscal years beginning with or within such calendar year. If compensation for any prior
determination period is taken into account in determining a participant member's benefits
for the current fiscal year, the compensation for such prior determination period is subject
to the applicable annual compensation limit in effect for that prior period. (b) Notwithstanding
the foregoing and to the extent applicable to governmental plans as such are defined in Section
414(d) of the Internal Revenue Code of 1986, as amended, in no event may...
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43-2-506
Section 43-2-506 Settlement by consent without notice. In any case in which an administration
is conducted pursuant to letters testamentary or letters of administration with the will annexed
granted in this state and all legatees and distributees named in the will are of age and proof
is made that all legal charges against the estate have been paid in full, the probate court,
upon verified petition of the personal representative consented to by written instrument properly
executed and acknowledged by all legatees and distributees, may approve a consent settlement
without notice or publication or posting. In any case in which an administration is conducted
pursuant to letters testamentary or letters of administration granted in this state and such
administration in this state is ancillary to a primary administration in another state, and
proof is made that all legal charges against the estate in this state have been paid in full
and the balance of the assets of the estate in this state...
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43-2-691
Section 43-2-691 Definitions. For the purposes of this division, the following words and phrases
shall have the meanings respectively ascribed to them by this section: (1) DEVISEES. The persons
who are entitled to the personal property of a decedent under the terms of a testamentary
disposition. (2) DISTRIBUTEES. The persons who are entitled to the personal property of a
decedent under the terms of a testamentary disposition or under the Alabama descent and distribution
statutes. (3) ESTATE. All the personal property of a decedent who owns no real property at
the time of his or her death for which title does not pass by operation of law. (4) HEIRS.
The persons who are entitled to the personal property of a decedent under the Alabama descent
and distribution statutes. (5) PERSON. The term includes natural persons and corporations.
(6) PERSONAL REPRESENTATIVE. The term includes an executor, administrator, administrator with
the will annexed, and special administrator. (Acts 1975, 3rd Ex....
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45-49A-63
Section 45-49A-63 Definitions. As used in this part, the following words and terms shall have
meanings as follows: (1) ANNUITY STARTING DATE. The first day for which a benefit is payable
as an annuity or any other form under Section 45-49A-63.80. (2) BENEFICIARY. The person or
persons named by a member by written designation filed with the board to receive payments
under this plan after the member's death. The member may not change his or her beneficiary
after his or her annuity starting date. If no beneficiary designation is in effect at the
member's death, or if no person so designated survives the member, the member's surviving
spouse, if any, shall be deemed to be the beneficiary, otherwise the beneficiary shall be
the member's estate. (3) BOARD. The Police and Fire Pension Board as constituted under Section
45-49A-63.120, or its delegate. (4) BREAK IN SERVICE. A period of absence which would constitute
a break in the member's service under the Mobile County Personnel Board rules;...
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43-2-338
Section 43-2-338 Annual settlements. (a) The executor or administrator must make annual settlements
of such estates, as required in other cases, and in such settlements he must show how such
estate has been managed, crops made, expenses incurred and the disposition of all moneys received;
and he must also show the amounts appropriated and expended for each and every person entitled
to any distribution from such estate. (b) The accounts and vouchers, evidence and statement
of the heirs and legatees must be filed, notice given and contest made, in the same manner
as on annual settlements in other cases. (c) Such settlement may be compelled by attachment,
or the probate court may proceed in the same manner as in other cases, when an executor or
administrator, being cited to make a settlement, fails to do so. (Code 1852, §§1905-1908;
Code 1867, §§2269-2272; Code 1876, §§2609-2612; Code 1886, §§2218-2220; Code 1896, §§286-288;
Code 1907, §§2751-2753; Code 1923, §§5990-5992;...
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