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19-5-5
Section 19-5-5 Division of trust with more than one beneficiary or class thereof for GST purposes
into separate share trusts to effectuate allocation of grantor's, decedent's, or surviving
spouse's GST exemption. When a grantor or decedent transfers property into a trust which has,
or which pours into another trust which has, more than one beneficiary or class of beneficiaries
for GST purposes, and when the grantor or fiduciary allocates the grantor's or decedent's
GST exemption for the benefit of one or more, but less than all, beneficiaries or classes
of beneficiaries of such trust, or when the surviving spouse of the grantor or decedent, or
such surviving spouse's fiduciary, allocates the surviving spouse's GST exemption for the
benefit of one or more, but less than all, beneficiaries or classes of beneficiaries of such
trust, and when the instrument creating the trust does not specifically prohibit a fiduciary
from dividing such trust into separate share trusts, a fiduciary shall...
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43-8-55
Section 43-8-55 Against whom debts owed to decedent charged. A debt owed to the decedent is
not charged against the intestate share of any person except the debtor. If the debtor fails
to survive the decedent, the debt is not taken into account in computing the intestate share
of the debtor's issue. (Acts 1982, No. 82-399, §2-111.)...
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43-8-114
Section 43-8-114 Spouse may retain dwelling, etc., until assignment of homestead. The spouse
may retain possession of the dwelling house where the surviving spouse resided with the decedent,
with the offices and buildings appurtenant thereto and the plantation connected therewith
until homestead is assigned, free from the payment of rent. The obligation to pay rent, if
any, on the dwelling shall be an obligation of the decedent's estate. (Code 1852, §1359;
Code 1867, §1630; Code 1876, §2238; Code 1886, §1900; Code 1896, §1515; Code 1907, §3824;
Code 1923, §7437; Code 1940, T. 34, §50; Code 1975, §43-5-40; Acts 1984, No. 84-258, p.
426, §1.)...
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6-10-100
Section 6-10-100 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Generally. (a) When the property, real or personal,
owned by a decedent at the time of his death does not exceed in amount and value the exemption
allowed in favor of his or her surviving spouse and minor child or children, or either, and
no administration is granted on his estate within 60 days after his death, the probate court
of the county in which he resided at the time of his death, upon the application of the surviving
spouse or, if there is no surviving spouse or he or she does not act, upon the application
of a suitable person who shall be appointed by the judge of probate as the next friend of
such minor child or children, verified by oath and setting forth such facts, as well as the
names, condition, and residence, if known, of the heirs of the decedent other than the minor
children of the decedent, must appoint two commissioners, who shall...
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43-8-91
Section 43-8-91 Pretermitted children. (a) If a testator fails to provide in his will for any
of his children born or adopted after the execution of his will, the omitted child receives
a share in the estate equal in value to that which he would have received if the testator
had died intestate unless: (1) It appears from the will that the omission was intentional;
(2) When the will was executed the testator had one or more children and devised substantially
all his estate to the other parent of the omitted child; or (3) The testator provided for
the child by transfer outside the will and the intent that the transfer be in lieu of a testamentary
provision be reasonably proven. (b) If at the time of execution of the will the testator fails
to provide in his will for a living child solely because he believes the child to be dead,
the child receives a share in the estate equal in value to that which he would have received
if the testator had died intestate. (c) In satisfying a share...
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26-10A-17
Section 26-10A-17 Notice of petition. (a) Unless service has been previously waived, notice
of pendency of the adoption proceeding shall be served by the petitioner on: (1) Any person,
agency, or institution whose consent or relinquishment is required by Section 26-10A-7, unless
parental rights have been terminated pursuant to Section 12-15-319. (2) The legally appointed
custodian or guardian of the adoptee. (3) The spouse of any petitioner who has not joined
in the petition. (4) The spouse of the adoptee. (5) The surviving parent or parents of a deceased
parent of the adoptee unless parental rights have been terminated pursuant to Section 12-15-319.
(6) Any person known to the petitioners as currently having physical custody of the adoptee,
excluding foster parents or other private licensed agencies, or having visitation rights with
the adoptee under an existing court order. (7) The agency or individual authorized to investigate
the adoption under Section 26-10A-19. (8) Any other...
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6-10-95
Section 6-10-95 Reduced homestead incapable of allotment - Sale - When allowed. The homestead
of a decedent may be sold by order of the court having jurisdiction of the estate, on petition
of executor or administrator, when the same, after being reduced to its lowest area, exceeds
$6,000 in value and when it is necessary that the same be sold for the payment of debts because
the remainder of the estate is insufficient to pay all debts and claims against the estate
and the surviving spouse or minor children fail to pay the deficiency within 30 days after
notice of said petition. (Code 1923, §5850; Code 1940, T. 7, §686; Acts 1951, No. 911, p.
1558, §1.)...
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19-3B-505
must be presented. If the person fails to present the claim in writing within 90 days from
the date of the notice, then the person shall be forever barred from asserting or recovering
on the claim from the trustee, the trust property and the creditors and beneficiaries of the
trust. Any person who presents a claim on or before the date specified in the notice may not
later increase the claim following the expiration of the 90-day period. (3) If a claim is
not presented in writing to the personal representative of the settlor's estate or
to the trustee (i) within six months from the date of the appointment of the initial personal
representative of the settlor's estate, or (ii) if no personal representative is appointed
within six months from the settlor's date of death and a claim is not presented in writing
to the trustee within six months from the settlor's date of death, then no trustee shall be
chargeable for any assets that the trustee may pay or distribute in good faith in...
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45-8A-22.119
the plan pursuant to Section 45-8A-22.117, into the trust to a beneficiary who has been designated
by the participant, in writing, executed by the participant on a form prescribed by the retirement
board and delivered to the secretary-treasurer. In the event that the participant has not
designated a beneficiary, the retirement board shall, upon demand, pay the lump sum equal
to the deceased participant's contributions made to the plan pursuant to Section 45-8A-22.117,
into the trust to the personal representative of the estate of the deceased participant.
Any amounts received by the participant in his or her lifetime or by his or her surviving
spouse or children following the death of the participant shall be deducted from the amount
payable to the beneficiary properly designated by the participant or to the estate of the
deceased participant pursuant to the terms of the plan. Any attempt to designate a beneficiary
pursuant to the terms of this subsection not in compliance with the...
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19-3B-303
Section 19-3B-303 Representation by fiduciaries and ancestors. To the extent there is no conflict
of interest between the representative and the person represented or among those being represented
with respect to a particular question or dispute: (1) a conservator may represent and bind
the estate that the conservator controls; (2) a guardian may represent and bind the ward if
a conservator of the ward's estate has not been appointed; (3) an agent having authority to
act with respect to the particular question or dispute may represent and bind the principal;
(4) a trustee may represent and bind the beneficiaries of the trust; (5) a personal
representative of a decedent's estate may represent and bind persons interested in the estate;
and (6) a parent or other direct ancestor may represent and bind the minor or unborn issue
if a conservator or guardian for the issue has not been appointed. (Act 2006-216, p. 314,
§1.)...
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