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43-2-47
Section 43-2-47 Special administrator ad colligendum. (a) The judge of probate may, in any
contest respecting the validity of a will, or for the purpose of collecting the goods of a
deceased, or in any other case in which it is necessary, appoint a special administrator,
authorizing the collection and preservation by him of the goods of the deceased until letters
testamentary or of administration have been duly issued. (b) Every such special administrator
has authority to collect the goods and chattels of the estate and debts of the deceased, to
give receipts for moneys collected, to satisfy liens and mortgages paid to him and to secure
and preserve such goods and chattels at such expense as may be deemed reasonable by the probate
court; and for such purposes, he may maintain civil actions as administrator. (c) Such special
administrator may also, under the direction of the probate court, sell such goods as are perishable
or wasting, after the same have been appraised, upon such notice...
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34-2A-13
Section 34-2A-13 Disciplinary actions; review. (a) The board may discipline its licensees by
the adoption and collection of administrative fines, not to exceed five thousand dollars ($5,000)
per violation, and may institute any legal proceedings necessary to effect compliance with
this chapter. (b) The license of any person practicing or offering to practice assisted living
administration may be revoked or suspended by the board, or the person may be reprimanded,
censured, or otherwise disciplined in accordance with the provisions of this section upon
decision and after due hearing in any of, but not limited to, the following cases: (1) Upon
proof that the person has willfully or repeatedly violated any of the provisions of this chapter
or the rules enacted in accordance with this chapter. (2) Conduct or practices deemed to be
detrimental to the lives, health, safety, or welfare of the residents or patients of any assisted
living facility or health care facility in this state or any...
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6-2-41
Section 6-2-41 Limitations on claims to charge real estate with debts and obligations of decedent.
(a) The real estate of persons dying testate or intestate shall, as against the rights of
mortgagees or purchasers for value from the heirs or devisees, be forever discharged from
the payment of all legal and equitable debts and obligations unless the persons, including
minors and insane persons, owning such debts or benefited by said obligations shall within
the time allowed by law, but in no event more than two years from the death of the deceased,
file in the probate court of the county where said property is located a verified claim showing
the nature and amount of said debts and obligations. (b) Wherever there has been no executor
or administrator appointed, then the person owning said debt or benefited by said obligation
must, within three months after filing said claim, cause letters testamentary or of administration
to be issued and proceed to subject said land to said debts or...
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26-9-13
Section 26-9-13 Commitment of incompetent veteran to veterans' hospital. Whenever it appears
that an incompetent veteran of any war, military occupation, or expedition is eligible for
treatment in a United States veterans' hospital and commitment to such hospital is necessary
for the proper care and treatment of such veteran, the courts of this state are hereby authorized
to communicate with the administration with reference to available facilities and eligibility
and, upon receipt of a certificate from the administration stating that there are facilities
available in a United States veterans' hospital and that the veteran is entitled to hospitalization
therein, the court may then direct such veteran's commitment to such United States veterans'
hospital. Thereafter such veteran upon admission shall be subject to the rules and regulations
of such hospital and the officials of such hospital shall be vested with the same powers now
exercised by superintendents of state hospitals for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-9-13.htm - 1K - Match Info - Similar pages
41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-20.htm - 11K - Match Info - Similar pages
43-2-843
Section 43-2-843 Transactions authorized for personal representatives; exceptions. Except as
restricted or otherwise provided by the will or by an order of court and subject to the priorities
stated in Section 43-8-76, a personal representative, acting prudently for the benefit of
the interested persons, may properly: (1) Retain assets owned by the decedent pending distribution
or liquidation including those in which the representative is personally interested or which
are otherwise improper for trust investment. (2) Receive assets from fiduciaries, or other
sources. (3) Perform, compromise, or refuse performance of the decedent's contracts that continue
as obligations of the estate, as the personal representative may determine under the circumstances.
In performing enforceable contracts by the decedent to convey or lease land, the personal
representative, among other possible courses of action, may do either of the following: a.
Execute and deliver a deed of conveyance for cash...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-843.htm - 6K - Match Info - Similar pages
6-10-97
Section 6-10-97 Reduced homestead incapable of allotment - Sale - Proceedings when no bid in
excess of $6,000 received. (a) If, at such sale or any subsequent sale, no bid in excess of
$6,000 is received, the representative must report that fact to the court; and thereupon the
court must make an order directing the report to lie over 30 days, during which time any person
interested in the sale may file written exceptions attacking the fairness of the sale, stating
the grounds of such exceptions. Upon the filing of such exceptions, a day must be appointed
to hear the same, 10 days' notice thereof given and other proceedings had as provided in this
division for the hearing of exceptions to a report allotting homestead, so far as such provisions
are applicable. (b) If, on the hearing of such exceptions, the court is satisfied from the
evidence that the failure to obtain a bid of more than $6,000 was due to a want of fairness
in the conduct of the sale or to fraud or collusion thereat, an...
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17-16-51
Section 17-16-51 Contest of senator or representative in Legislature - Testimony. The testimony
in the case of a contest provided for in Section 17-16-50 must be taken by deposition under
commission issued by the clerk of the court where the statement of contest is filed, which
commission must issue upon the party applying for the same making and filing an affidavit
stating the name of the witnesses, the place of residence of such witnesses, and that the
testimony sought and expected is material. The depositions must be taken on interrogatories
filed in the office of the clerk after making and filing the affidavit and of the interrogatories
and affidavit and the names and residence of the commissioner or commissioners proposed to
be appointed, 10 days' notice must be given the adverse party by service on him or her personally
or by leaving at his or her usual place of residence or business a copy of the interrogatories
and affidavit, to which must be appended notice of the name and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/17-16-51.htm - 2K - Match Info - Similar pages
40-10-5
Section 40-10-5 Notice to taxpayer - When assessment is "owner unknown." When any
assessment is made to an "owner unknown," notice must be given by publication once
a week for three successive weeks in a newspaper published in the county, or if no newspaper
is published therein, by posting the same at the courthouse of the county for three weeks,
substantially in the following form: "The State of Alabama. (Here give name of county)
County. To whom it may concern: Take notice that the tax collector has filed in my office
a list of delinquent taxpayers and of real estate upon which taxes are due, and therein is
reported as assessed to 'owner unknown' the following real estate, to-wit: (here insert descriptions).
This is to notify you to appear before the probate court of this county, at the next term
thereof, commencing on Monday, the_____ day of _____, 2__, then and there to show cause, if
any you have, why a decree for sale of said real estate should not be made for the payment
of the...
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40-23-68
Section 40-23-68 Seller to file returns. (a) Except as otherwise provided in subsection (f),
the tax imposed by this article shall be due and payable to the department monthly on or before
the 20th day of the month next succeeding each month during which the storage, use, or other
consumption of tangible personal property became taxable hereunder. (b) Every seller or person
engaged in making retail sales of tangible personal property for storage, use, or other consumption
in this state, who alternatively: (1) Maintains, occupies, or uses, permanently or temporarily,
directly or indirectly, or through a subsidiary, or agent by whatever name called, an office,
place of distribution, sales, or sample room or place, warehouse or storage place, or other
place of business; (2) Qualifies to do business or registers with the state to collect the
tax levied by this chapter; (3) Employs or retains under contract any representative, agent,
salesman, canvasser, solicitor, or installer operating in...
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