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
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 instrument would be returnable to his or her severance nominee,
his or her personal representative, his or her spouse, children, father, mother, sisters
or brothers of the deceased, or to any other person. (2) To render this section applicable,
firefighters and police officers who have accumulated as much as five years of credited service
under Act 929 may execute the instrument at any time within 90 days from the date on which
this subsection becomes effective; and firefighters or police officers who have not accumulated
as much as five years of credited service on 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
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 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 instrument would be returnable to his or her severance nominee,
his or her personal representatives, his or her spouse, children, father, mother, sisters,
or brothers of the deceased, or to any other person. To render this section applicable the
firefighter or police officer may execute the instrument at any time prior to his or her having
accumulated as much as 20 years of credited service under Act 929. Such instrument when executed
shall be revocable by the firefighter or police officer executing the same until he or she
has accumulated at least 20 years of credited...
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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
of any guardian or guardians, what portion of the compensation shall be applied for the benefit
of any child or children and may order the same paid to a guardian or custodian of the child
or children. d. Partial dependents shall be entitled to receive only that proportion of the
benefits provided for total dependents which the average amount of the earnings regularly
contributed by the deceased employee to the partial dependent, at and for a reasonable time
immediately prior to the injury, bore to the total income of the dependent during the
same time. If there is one dependent and one or more partial dependents and the dependent
is not entitled to the maximum amount of compensation provided in Section 25-5-68, there shall
be paid to the partial dependent or partial dependents that percentage of the benefit paid
to a full dependent which the contribution of the decedent to the partial dependent's support
bears to the total income of the partial dependent. Notwithstanding the...
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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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