|
6-10-83
Section 6-10-83 Proceedings to set apart homestead when same exceeds value allowed. When it
appears from the report of the appraisers that the homestead exceeds in value $6,000, the
probate court shall forthwith appoint three commissioners, who shall, as soon as practicable
not exceeding 30 days after their appointment, set off and allot the homestead exempt, having
regard to both the quality and value of the property and to the selection of the surviving
spouse or, if there is no surviving spouse or the surviving spouse fails to act, of the guardian
of the minor child or children, if there is such guardian; and, within 10 days thereafter,
the commissioners shall return to the court in writing the homestead set off and allotted
by them. (Code 1886, §2551; Code 1896, §2081; Code 1907, §4208; Code 1923, §7930; Code
1940, T. 7, §673; Acts 1951, No. 911, p. 1558, §1; Acts 1982, No. 82-399, p. 578, §8-102.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-83.htm - 1K - Match Info - Similar pages
6-10-88
Section 6-10-88 Report of appraisers or commissioners - Hearing and determination on exceptions;
proceedings when exemption of personalty excessive or insufficient. (a) On the day fixed for
the hearing of such exceptions, an issue shall be made up under the direction of the court
and the same shall be tried as other issues in the court are tried, the party excepting being
the plaintiff on whom shall rest the burden of proof. On the hearing, the court may confirm
or set aside the report, as the right may appear. (b) But if the exceptions relate to the
exemption of personal property and are based on the ground that it is excessive or insufficient,
the court, if the exceptions are sustained, must not set aside the report, but shall ascertain
the amount of such excess or insufficiency and, if excessive, shall order the restoration
to the personal representative of property sufficient in value to cure the excess, describing
the same, and shall enforce such order by a writ of restitution;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-88.htm - 1K - Match Info - Similar pages
35-5A-2
Section 35-5A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ADULT. An individual
who has attained the age of 21 years. (2) BENEFIT PLAN. An employer's plan for the benefit
of an employee or partner, or an individual retirement account. (3) BROKER. A person lawfully
engaged in the business of effecting transactions in securities or commodities for the person's
own account or for the account of others. (4) CONSERVATOR. A person appointed or qualified
by a court to act as general, limited, or temporary guardian of a minor's property or a person
legally authorized to perform substantially the same functions. (5) COURT. Circuit court.
(6) CUSTODIAL PROPERTY. a. Any interest in property transferred to a custodian under this
chapter and b. The income from and proceeds of that interest in property. (7) CUSTODIAN. A
person so designated under Section 35-5A-10 or a successor or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-5A-2.htm - 2K - Match Info - Similar pages
43-2-696
Section 43-2-696 Effect of transfer pursuant to affidavit. The person making payment, delivery,
transfer or issuance of personal property or evidence thereof pursuant to the affidavit prescribed
in section 43-2-694 shall be discharged and released to the same extent as if made to a personal
representative of the decedent, and he shall not be required to see the application thereof
or to inquire into the truth of any statement in the affidavit if made by any other person.
If any person to whom such affidavit is delivered refuses to pay, deliver, transfer or issue
any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer
or issuance compelled in an action brought for such purpose by or on behalf of the person
entitled thereto under sections 43-2-692 and 43-2-695 upon proof of the defeasible right declared
by such sections. Any person to whom payment, delivery, transfer or issuance is made shall
be answerable and accountable therefor to any personal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-696.htm - 1K - Match Info - Similar pages
43-2-851
Section 43-2-851 Bond. (a) The court must require a personal representative or special administrator
to furnish bond payable to the judge of probate conditioned upon faithful discharge of all
duties of the trust according to law, with sureties as it shall specify. Unless otherwise
directed, the bond must be in the amount of the aggregate capital value of the property of
the estate in the personal representative's control, plus one year's estimated income, and
minus the value of securities deposited under arrangements requiring an order of the court
for their removal and the value of any land which the fiduciary, pursuant to Section 43-2-844,
lacks power to sell or convey without court authorization. The court, in lieu of sureties
on a bond, may accept other collateral for the performance of the bond, including a pledge
of securities or any other assets or a mortgage of land. (b) The court may at any time reduce
the bond of the personal representative or require the personal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-851.htm - 2K - Match Info - Similar pages
43-8-115
Section 43-8-115 Discharge of debtor from liability for wages, etc., owed intestate former
employee of another; status of funds paid under this section. (a) Whenever an employee of
another shall die intestate and there shall be due him or her any sum as wages or salary the
debtor may discharge himself or herself from liability therefor by paying such amount to the
surviving spouse of the deceased employee or, if there is no surviving spouse to the person
having the legal custody and control of his or her minor child or children, or either as the
case may be, who may commence an action for and recover the same as part of the property or
allowance exempted to them. (b) Any sums paid in accordance with subsection (a) shall be considered
as part of the exempt property, as defined in Section 43-8-111; and, if the sums exceed seven
thousand five hundred dollars ($7,500) the excess shall be considered part of the family allowance,
as defined in Section 43-8-112. (Acts 1984, 1st Ex. Sess., No....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-115.htm - 1K - Match Info - Similar pages
6-10-107
Section 6-10-107 Proceedings to set aside exemptions when husband, wife or parent absent seven
years and residence not ascertainable - Vesting for life of title to property in deserted
spouse or minors. If no exceptions are filed and sustained to such report of the commissioners
setting apart exemptions and it is determined that the property set apart was all the property
owned by the absentee spouse at the time he or she left and that he or she left less property
than was exempt to a surviving spouse and minor children of decedents, the title to the property
so set aside, whether real or personal, shall vest for the life of the deserted spouse or
the minority of the children, whichever may last terminate. (Acts 1923, No. 368, p. 388; Code
1923, §7959; Code 1940, T. 7, §705; Acts 1951, No. 911, p. 1558, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-107.htm - 1K - Match Info - Similar pages
35-5A-6
Section 35-5A-6 Transfer by will or trust. (a) A personal representative or trustee may make
an irrevocable transfer pursuant to Section 35-5A-10 to a custodian for the benefit of a minor
as authorized in the governing will or trust. (b) If the testator or settlor has nominated
a custodian under Section 35-5A-4 to receive the custodial property, the transfer must be
made to that person. (c) If the testator or settlor has not nominated a custodian under Section
35-5A-4, or all persons so nominated as custodian dies before the transfer or are unable,
decline, or are ineligible to serve, the personal representative or the trustee, as the case
may be, shall designate the custodian from among those eligible to serve as custodian for
property of that kind under subsection (a) of Section 35-5A-10. (Acts 1986, No. 86-453, p.
819, §5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-5A-6.htm - 1K - Match Info - Similar pages
40-9C-3
Section 40-9C-3 Definitions. For purposes of this chapter, the following words and phrases
shall have the following meanings: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's
liability for tax. An abatement of local and noneducation transaction taxes imposed under
Chapter 23 of this title shall relieve the seller from the obligation to collect and pay over
the local portion of the noneducation transaction tax as if the sale were to a person exempt,
to the extent of the abatement, from the local portion of the noneducation transaction tax.
(2) BROWNFIELD DEVELOPMENT PROPERTY. Real property which qualifies under Section 22-30E-6
for participation in the voluntary cleanup program established pursuant to Chapter 30E of
Title 22, and any personal property acquired in connection with the cleanup and redevelopment
of such real property. (3) CONSTRUCTION RELATED NONEDUCATION TRANSACTION TAXES. The local
portion of the transaction taxes imposed pursuant to Chapter 23 of this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-9C-3.htm - 3K - Match Info - Similar pages
11-51-154
Section 11-51-154 Bond to dissolve temporary injunctive relief - Execution; security; exception.
(a) When the court has granted a temporary restraining order or preliminary injunction, it
shall not be dissolved until the respondent has executed a bond in an amount fixed by the
court with sufficient surety to be approved by the register or clerk, containing a waiver
of exemptions as to personal property, conditioned to pay such judgment and lawful court costs
as the court upon final hearing may enter against the respondent, except as provided below.
(b) The surety bond required to be made in this section shall remain in full force and effect
as security for any judgment and court costs the court may enter and tax against the respondent,
but if the respondent takes an appeal and gives a supersedeas bond, upon affirmance of the
appeal, the surety bond provided by this section shall become null and void. (c) The respondent
shall not, however, be required to post the surety bond required in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-154.htm - 1K - Match Info - Similar pages
|