36-27-16
Section 36-27-16 Retirement, etc., of employees; retirement allowances. (a)(1) RETIREMENT,
ETC., OF EMPLOYEES GENERALLY; ELIGIBILITY FOR SERVICE RETIREMENT BENEFITS. a. Any Tier I plan
member who withdraws from service upon or after attainment of age 60 and any Tier II plan
member who withdraws from service upon or after attainment of age 62 may retire upon written
application to the Board of Control setting forth at what time, not less than 30 days nor
more than 90 days subsequent to the execution and filing thereof, he or she desires to be
retired; provided, that any such member who became a member on or after October 1, 1963, shall
have completed 10 or more years of creditable service; provided further, that a Tier I plan
member employed as a state policeman shall be eligible to file application for service retirement
upon attaining age 52 and a Tier II plan member employed as a state policeman or employed
as a correctional officer, firefighter, or law enforcement officer as defined...
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43-8-72
Section 43-8-72 Waiver of right to elect and of other rights. The right of election of a surviving
spouse and the rights of the surviving spouse to homestead allowance, exempt property and
family allowance, or any of them, may be waived, wholly or partially, before or after marriage,
by a written contract, agreement, or a waiver signed by the party waiving after fair disclosure.
Unless it provides to the contrary, a waiver of "all rights" (or equivalent language)
in the property or estate of a present or prospective spouse or a complete property settlement
entered into after or in anticipation of separation or divorce is a waiver of all rights to
elective share, homestead allowance, exempt property and family allowance by each spouse in
the property of the other at death and a renunciation by each of all benefits which would
otherwise pass to him from the other by intestate succession or by virtue of the provisions
of any will executed before the waiver or property settlement. (Acts...
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43-8-114
Section 43-8-114 Spouse may retain dwelling, etc., until assignment of homestead. The spouse
may retain possession of the dwelling house where the surviving spouse resided with the decedent,
with the offices and buildings appurtenant thereto and the plantation connected therewith
until homestead is assigned, free from the payment of rent. The obligation to pay rent, if
any, on the dwelling shall be an obligation of the decedent's estate. (Code 1852, §1359;
Code 1867, §1630; Code 1876, §2238; Code 1886, §1900; Code 1896, §1515; Code 1907, §3824;
Code 1923, §7437; Code 1940, T. 34, §50; Code 1975, §43-5-40; Acts 1984, No. 84-258, p.
426, §1.)...
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5-24-12
Section 5-24-12 Rights at death. (a) Except as otherwise provided in this chapter, on death
of a party sums on deposit in a multiple-party account belong to the surviving party or parties.
If two or more parties survive and one is the surviving spouse of the decedent, the amount
to which the decedent, immediately before death, was beneficially entitled under Section 5-24-11
belongs to the surviving spouse. If two or more parties survive and none is the surviving
spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially
entitled under Section 5-24-11 belongs to the surviving parties in equal shares, and augments
the proportion to which each survivor, immediately before the decedent's death, was beneficially
entitled under Section 5-24-11, and the right of survivorship continues between the surviving
parties. (b) In an account with a POD designation: (1) On death of one of two or more parties,
the rights in sums on deposit are governed by...
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6-10-67
Section 6-10-67 Right to use of property before such set apart and to commence or defend actions
thereon. Before grant of administration and before the exempt property is set apart, the right
of the surviving spouse and minor child or children, or either, to the use and benefit of
such property shall be the same as if it had been set apart as exempt; and actions respecting
the same may be commenced or defended by the surviving spouse or, if there is no surviving
spouse, by the minor child, or children, as fully and to the same extent as if such property
had been set apart as exempt from administration. (Code 1886, §2564; Code 1896, §2076; Code
1907, §4203; Code 1923, §7925; Code 1940, T. 7, §668.)...
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12-17-265
Section 12-17-265 Benefit to surviving spouse of supernumerary magistrate. In the event of
the death of any supernumerary magistrate in whose favor a monthly retirement allowance is
accruing, his spouse shall be entitled to a monthly allowance equal to 50 per centum of the
retirement allowance the supernumerary magistrate was receiving when he died, as hereinafter
specified, for a period of up to 25 years. No spouse shall receive any benefits under this
article unless such spouse was married to the deceased supernumerary magistrate at the time
of his death and any benefits of a spouse under this article shall terminate in the event
the spouse remarries. (Acts 1988, No. 88-313, p. 475, §6.)...
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6-10-106
Section 6-10-106 Proceedings to set aside exemptions when husband, wife, or parent absent seven
years and residence not ascertainable - Generally. (a) When the real and personal property
owned by an absent husband, wife, or parent who has not been heard from and whose residence
has been unknown for seven years and whose residence cannot be ascertained by diligent inquiry
does not exceed in amount and value the exemptions allowed in favor of his or her surviving
spouse and minor child or children, or either, the probate court of the county in which he
or she resided before leaving his or her spouse or children, upon the application of the deserted
spouse or, if there is no spouse or he or she does not act, upon the application of the guardian
or of a suitable person who shall be appointed by the judge of probate as next friend of such
minor children, verified by oath and setting forth such facts, must appoint two commissioners,
who shall make a full and complete inventory and...
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6-10-81
Section 6-10-81 Appraisers - Duty to set apart exempt personal property; return of report.
The appraisers, as early as practicable, shall set apart the exempt personal property,
having regard, as far as consistent with their duties, to the selection made by the surviving
spouse or the guardian of the minor child or children, if such selection is made; estimating
it at its appraised value and permitting the surviving spouse or, if there is no surviving
spouse or the surviving spouse fails to act, the guardian of the minor child or children to
select the same. Within 10 days thereafter, the appraisers shall return with the inventory
and appraisement a report of the property so set apart, showing each item thereof and its
appraised value. (Code 1886, §2549; Code 1896, §2079; Code 1907, §4206; Code 1923, §7928;
Code 1940, T. 7, §671; Acts 1982, No. 82-399, p. 578, §8-102.)...
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6-10-90
Section 6-10-90 Report of appraisers or commissioners - Taxation of cost on exceptions being
filed. If the exceptions are filed by the surviving spouse or on behalf of the minor child
or children and are not sustained, the costs shall be taxed against the surviving spouse or
the next friend of the child or children, or against both if they are joined in the exceptions,
and in all other cases against the unsuccessful party. (Code 1886, §2558; Code 1896, §2088;
Code 1907, §4215; Code 1923, §7938; Code 1940, T. 7, §681.)...
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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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