43-2-692
Section 43-2-692 Petition for summary distribution; when surviving spouse or distributee entitled
to personal property without administration. (a) The surviving spouse, if there is one, otherwise
the distributees of an estate of personal property only, may initiate a proceeding for summary
distribution of the estate by filing a verified petition in the office of the judge of probate
of the county in which the decedent was domiciled at death alleging the conditions provided
in subsection (b). The petition shall include a description of the estate of the decedent.
No bond shall be required to be filed with the petition. (b) The surviving spouse or distributee
shall have a defeasible right to the personal property of the decedent without awaiting the
appointment of a personal representative or the probate of a will if all of the following
conditions exist: (1) The value of the entire estate does not exceed twenty-five thousand
dollars ($25,000). This figure shall be adjusted annually for...
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45-37A-51.11
Section 45-37A-51.11 Death benefit for spouses and children not receiving certain benefits.
(a) The words, terms, and phrases used in this section shall have the meaning ascribed to
them by Act 929, or Section 45-37A-51.07, unless it appears from the context that a different
meaning is intended. (b)(1) This section shall not apply to any firefighter or police officer,
or to his or her spouse, child, or children, unless at the time of his or her death he or
she had accumulated at least five years' credited service under Act 929. This section shall
not apply to any firefighter or police officer who has not executed within the time hereinafter
specified an instrument which shall provide that in the event of his or her death the board
of managers of this supplemental pension system shall receive the return of any contributions
made by him or her to this supplemental pension system and to the general retirement and relief
system created by Act 929, which if he or she had not executed the...
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45-37A-51.228
Section 45-37A-51.228 Survivor's benefits. (a) Effective July 1, 2002, in the event of the
death of a retiree or participant who, on the date of his or her death was eligible for voluntary
retirement under Section 45-37A-51.220, there may be payable a monthly survivor's benefit
equal to 60 percent of the monthly retirement benefit which the retiree was receiving or was
entitled to receive prior to his or her death or which the participant would have been entitled
to receive had he or she retired under Section 45-37A-51.220 on the day preceding his or her
death; notwithstanding anything to the contrary, the survivor's benefit may be increased pursuant
to Section 45-37A-51.242. In the event any survivor is being paid an amount in excess of 60
percent of the retiree's monthly benefit on May 1, 2006, such survivor's benefits shall not
be decreased. (b)(1) Effective July 1, 2002, upon the death of any retiree or participant
who at the time of his or her death was not eligible for voluntary...
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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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45-37A-51.07
Section 45-37A-51.07 Retirement allowance and survivor's allowance. (a)(1) The words, terms,
and phrases of this section shall have the meaning ascribed to them by Act 929, unless it
appears from the context that a different meaning is intended. As used in this section and
Section 45-37A-51.11, these words and terms have the meanings hereby accorded them: a. DEFERRED
PENSION UNDER THE GENERAL RETIREMENT AND RELIEF SYSTEM. A pension granted to a firefighter
or police officer under Act 929, the payment of which does not commence until the pension
granted to such firefighter or police officer under this subpart ceases. b. DISABLED CHILD.
A firefighter's or police officer's son or daughter regardless of age who becomes disabled
prior to attaining age 18 with a medically determinable physical or mental impairment or impairments,
by reason of which impairment, or impairments, the son or daughter has been unable, and continues
to be unable, to engage in any substantially gainful activity. c....
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45-37A-52.228
Section 45-37A-52.228 Survivor's benefits. (a) Effective July 1, 2002, in the event of the
death of a retiree or participant who, on the date of his or her death was eligible for voluntary
retirement under Section 45-37A-51.220, there may be payable a monthly survivor's benefit
equal to 60 percent of the monthly retirement benefit which the retiree was receiving or was
entitled to receive prior to his or her death or which the participant would have been entitled
to receive had he or she retired under Section 45-37A-51.220 on the day preceding his or her
death; notwithstanding anything to the contrary, the survivor's benefit may be increased pursuant
to Section 45-37A-51.242. In the event any survivor is being paid an amount in excess of 60
percent of the retiree's monthly benefit on May 1, 2006, such survivor's benefits shall not
be decreased. (b)(1) Effective July 1, 2002, upon the death of any retiree or participant
who at the time of his or her death was not eligible for voluntary...
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8-21A-3
Section 8-21A-3 Violations by suppliers generally. It shall be a violation of this chapter
for a supplier to do any of the following: (1) To coerce, compel, or require any dealer to
order or accept delivery of any equipment or parts with special features or accessories not
included in the base list price of such equipment as publicly advertised by the supplier which
the dealer has not voluntarily ordered. (2) To coerce, compel, or require any dealer to enter
into any agreement, whether written or oral, as a supplement to an existing dealer agreement
with such supplier unless such supplemental agreement is imposed on all other dealers in the
state doing business with that same supplier. (3) To discriminate in the delivery of equipment
to any dealer in reasonable quantities and within a reasonable time after receipt of the equipment
dealer's order, if the equipment covered by the dealer agreement was specifically represented
by the supplier to be available for immediate delivery....
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25-5-60
Section 25-5-60 Compensation for death. In death cases, where the death results proximately
from the accident within three years, compensation payable to dependents shall be computed
on the following basis and shall be paid to the persons entitled thereto without administration,
or to a guardian or other person as the court may direct, for the use and benefit of the person
entitled thereto. (1) PERSONS ENTITLED TO BENEFITS; AMOUNT OF BENEFITS. a. If the deceased
employee leaves one dependent, there shall be paid to the dependent 50 percent of the average
weekly earnings of the deceased. b. If the deceased employee leaves two or more dependents,
there shall be paid to the dependents 66 2/3 percent of the average weekly earnings of the
deceased. c. If one of two or more dependents is a widow or widower, the compensation may
be paid to the widow or widower for the benefit of herself or himself and the dependent child
or children. In its discretion and when it considers appropriate to do...
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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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43-8-74
Section 43-8-74 Entitlement of surviving spouse to certain benefits regardless of election.
A surviving spouse is entitled to homestead allowance, exempt property, and family allowance,
whether or not he elects to take an elective share. (Acts 1982, No. 82-399, §2-206.)...
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