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43-8-73
Section 43-8-73 Procedure for making election; petition; time limit; notice and hearing; withdrawal
of demand; order of court; enforcement of order. (a) The surviving spouse may elect to take
his elective share by filing with the court and mailing or delivering to the personal
representative, if any, a petition for the elective share within six months after the date
of death, or within six months after the probate of the decedent's will, whichever limitation
last expires. The court may extend the time for election for cause shown by the surviving
spouse before the time for election has expired. (b) The surviving spouse shall give notice
of the time and place set for hearing to persons interested in the estate whose interests
will be adversely affected by the taking of the elective share. (c) The surviving spouse may
withdraw his demand for an elective share at any time before entry of a final determination
by the court. (d) After notice and hearing, the court shall determine the amount...
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5-24-1
depositor and a financial institution, and includes a checking account, savings account, time
deposit, certificate of deposit, and share account. (2) AGENT means a person authorized to
make account transactions for a party. (3) BENEFICIARY means a person named as one to whom
sums on deposit in an account are payable on request after death of all parties or for whom
a party is named as trustee. (4) DEVISEE means any person designated in a will to receive
a testamentary disposition of real or personal property. (5) FINANCIAL INSTITUTION
means an organization authorized to do business under state or federal laws relating to financial
institutions, and includes a bank, trust company, savings bank, building and loan association,
savings and loan company or association, and credit union. (6) HEIRS means those persons,
including surviving spouse, who are entitled under the statutes of intestate succession to
the property of a decedent. (7) INCLUDES or INCLUDING means includes, but not limited...
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5-26-3
by the Farm Credit Administration; and (b) Is registered with, and maintains a unique identifier
through, the Nationwide Mortgage Licensing System and Registry, or if prior to the Federal
Banking Agencies establishing a registration system, would be subject to registration under
the registration system when established by the Federal Banking Agencies and then would maintain
a unique identifier. (12) RESIDENTIAL MORTGAGE LOAN. The term "residential mortgage loan"
means any loan primarily for personal, family, or household use that is secured by
a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling
(as defined in Section 103(v) of the Truth in Lending Act) or residential real estate upon
which is constructed or intended to be constructed a dwelling. (13) RESIDENTIAL REAL ESTATE.
The term "residential real estate" means any real property located in Alabama, upon
which is constructed or intended to be constructed a dwelling. (14) SUPERVISOR. The...
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45-37A-51.08
Section 45-37A-51.08 Retroactive Deferred Retirement Option Plan. (a) A member who retires
at least 90 days following the effective date of this section, who has then completed at least
26 years, but less than 30 years, of credited service, and who is otherwise entitled to retire
and receive a monthly retirement allowance under the supplemental pension system, shall have
the opportunity to elect a Back DROP plan. A member eligible for the Back DROP plan may elect,
in writing at his or her retirement to retroactively drop his or her credited service in excess
of 23 years, for a period of months not exceeding 36 months immediately preceding the date
of retirement, the Back DROP period. A member who is not actively employed may not make a
Back DROP election to be effective, a Back DROP election by a married member shall be approved
in writing by his or her spouse. (b) Notwithstanding subsection (a) and subsection (d) of
Section 45-37A-51.07 in effect as of the date of the member's...
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26-2A-138
Section 26-2A-138 Who may be appointed conservator; priorities. (a) The court may appoint an
individual or a corporation with general power to serve as trustee or conservator of the estate
of a protected person. The following are entitled to consideration for appointment in the
order listed: (1) A conservator, guardian of property, or other like fiduciary appointed or
recognized by an appropriate court of any other jurisdiction in which the protected person
resides; (2) An individual or corporation nominated by the protected person who is 14 or more
years of age and of sufficient mental capacity to make an intelligent choice; (3) An attorney-in-fact
under a valid durable power of attorney previously executed by the protected person and giving
the attorney-in-fact reasonably broad powers over the property of the protected person; (4)
The spouse of the protected person, or a person nominated by the will of a deceased spouse
to whom the protected person was married at the decedent's death...
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27-14-6
Section 27-14-6 Application for policy - Requirement; reliance by insurer; admissibility into
evidence; alterations. (a) No life or disability insurance contract upon an individual, except
a contract of group life insurance or of group or blanket disability insurance, shall be made
or effectuated unless at the time of the making of the contract the individual insured, being
of competent legal capacity to contract, applies therefor or has consented thereto, except
in the following cases: (1) A spouse may effectuate such insurance upon the other spouse;
(2) Any person having an insurable interest in the life of a minor or any person upon whom
a minor is dependent for support and maintenance may effectuate insurance upon the life of,
or pertaining to, such minor; and (3) Family policies may be issued insuring any two or more
members of a family on an application signed by either parent, a stepparent or by a husband
or wife; (b) An insurer shall be entitled to rely upon all statements,...
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30-4-57
Section 30-4-57 Proof of marriage and parenthood; communications between husband and wife not
privileged; testimony of husband and wife; evidence of willful abandonment or desertion. No
other evidence shall be required to prove marriage of such husband and wife or that such person
is the lawful father or mother of such child or children, than is or shall be required to
prove such facts in a civil action. In all prosecutions under this article, any existing provisions
of the law prohibiting the disclosure of confidential communication between husband and wife
shall not apply, and both husband and wife shall be competent and compellable witnesses to
testify to any and all relevant matters, including the fact of such marriage and the parentage
of such child or children. Proof that a person has left his wife, child or children in destitute
or necessitous circumstances, or has not contributed reasonably to their support for a period
of 10 days after his departure, shall constitute prima...
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35-10-71
Section 35-10-71 Initiation of foreclosure proceedings against surviving spouse or estate of
certain mortgagors. (a) A mortgagee shall not initiate a foreclosure proceeding pursuant to
this chapter against the surviving spouse or the estate of a mortgagor who is a service member
who dies while deployed overseas on active duty military service for at least 180 days following
the death of the service member; provided that the surviving spouse or the estate gives the
mortgagee written notice identifying the service member, stating that the service member died
while being deployed overseas, describing the mortgage or the property subject to the mortgage
and the debt, providing a telephone number or other means to communicate with the surviving
spouse or the estate, and asking that foreclosure be delayed for six months. No particular
phrasing of the notice shall be required. (b) A mortgagee shall not, individually or acting
through another person, foreclose, sell, or attempt to foreclose or...
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40-6-3
Section 40-6-3 Life tenure; compensation; cost-of-living increase. (a) Every supernumerary
official shall serve for life and shall receive from the county governing body, in equal monthly
installments on the first of each month, or in such installments as other county officials
or employees are paid, an annual salary as follows: (1) For 12 years' service the official
shall receive 60 percent of the average compensation during the last four years served as
an official charged with assessing and collecting ad valorem taxes. (2) For 14 years' service
the official shall receive 65 percent of the average compensation. (3) For 16 years the official
shall receive 70 percent of the average compensation. (4) For 18 or more years the official
shall receive 75 percent of the average compensation; provided, however, no person shall receive
more than forty-nine thousand six hundred dollars ($49,600) per year. The county governing
body may, by majority vote of the membership, elect to increase or...
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45-28A-42.66
Section 45-28A-42.66 Payments to beneficiaries of deceased retired member. If any retired member
of such police or fire department shall die from any cause, leaving a widow or widower, the
board shall direct the continuation, from the date of such death of 50 percent of the monthly
retirement payments of such deceased retired member to be paid to such widow or widower of
such deceased retired member during his or her natural life while unmarried. Should such deceased
retired member leave no widow or widower surviving him or her, but leave surviving him or
her a child or children under 18 years of age, the board of trustees shall direct the payment
monthly from such fund, until such child or children shall have attained the age of 18 years,
of a sum equal to 50 percent of the monthly retirement payments of such deceased retired member
to the person having control and custody of such child or children or to some other person
as the board of trustees shall direct, the sum to be expended...
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