|
43-8-42
Section 43-8-42 Share of heirs other than surviving spouse. The part of the intestate estate
not passing to the surviving spouse under section 43-8-41, or the entire intestate estate
if there is no surviving spouse, passes as follows: (1) To the issue of the decedent; if they
are all of the same degree of kinship to the decedent they take equally, but if of unequal
degree, then those of more remote degree take by representation; (2) If there is no surviving
issue, to his parent or parents equally; (3) If there is no surviving issue or parent, to
the issue of the parents or either of them by representation; (4) If there is no surviving
issue, parent or issue of a parent, but the decedent is survived by one or more grandparents
or issue of grandparents, half of the estate passes to the paternal grandparents if both survive,
or to the surviving paternal grandparent, or to the issue of the paternal grandparents if
both are deceased, the issue taking equally if they are all of the same...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-42.htm - 1K - Match Info - Similar pages
43-8-45
Section 43-8-45 Division of estate where representation is involved. If representation is called
for by this chapter, the estate is divided into as many shares as there are surviving heirs
in the nearest degree of kinship and deceased persons in the same degree who left issue who
survive the decedent, each surviving heir in the nearest degree receiving one share and the
share of each deceased person in the same degree being divided among the issue of such deceased
heir in the same manner. (Acts 1982, No. 82-399, §2-106.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-45.htm - 833 bytes - Match Info - Similar pages
34-13-11
Section 34-13-11 Authorizing agent; right of disposition. (a) A person, who is at least 18
years of age and of sound mind, may enter into a contract to act as authorizing agent and
direct the location, manner, and conditions of disposition of remains and arrange for funeral
goods and services to be provided upon death. Except as otherwise provided in subsection (b),
the right to control the disposition of the remains of a deceased person as an authorizing
agent, including the location, manner, and conditions of disposition and arrangements for
funeral goods and services to be provided, shall vest in the following persons in the priority
listed and the order named, provided the person is at least 18 years of age and of sound mind:
(1) The person designated by the decedent as authorized to direct disposition pursuant to
Public Law No. 109-163, Section 564, as listed on the decedent's United States Department
of Defense Record of Emergency Data, DD Form 93, or its successor form, if the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-13-11.htm - 10K - Match Info - Similar pages
43-8-1
Section 43-8-1 General definitions. Subject to additional definitions contained in the subsequent
articles which are applicable to specific articles or divisions, and unless the context otherwise
requires, in this chapter, the following words shall have the following meanings: (1) BENEFICIARY.
As it relates to trust beneficiaries, includes a person who has any present or future interest,
vested or contingent, and also includes the owner of an interest by assignment or other transfer
and as it relates to a charitable trust, includes any person entitled to enforce the trust.
(2) CHILD. Includes any individual entitled to take as a child under this chapter by intestate
succession from the parent whose relationship is involved and excludes any person who is only
a stepchild, a foster child, a grandchild or any more remote descendant. (3) COURT. The court
having jurisdiction in matters relating to the affairs of decedents. This court in Alabama
is known as the probate court. (4) DAYS. That...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-1.htm - 8K - Match Info - Similar pages
43-8-41
Section 43-8-41 Share of the spouse. The intestate share of the surviving spouse is as follows:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or parents, the
first $100,000.00 in value, plus one-half of the balance of the intestate estate; (3) If there
are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00
in value, plus one-half of the balance of the intestate estate; (4) If there are surviving
issue one or more of whom are not issue of the surviving spouse, one-half of the intestate
estate; (5) If the estate is located in two or more states, the share shall not exceed in
the aggregate the allowable amounts under this chapter. (Acts 1982, No. 82-399, §2-102.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-41.htm - 1K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-303.htm - 1K - Match Info - Similar pages
10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise requires,
the following terms mean: (1) AFFILIATE. A person who controls, is controlled by, or is under
common control with another person. An affiliate of an individual includes the spouse, or
a parent or sibling thereof, of the individual, or a child, grandchild, sibling, parent, or
spouse of any thereof, of the individual, or an individual having the same home as the individual,
or a trust or estate of which an individual specified in this sentence is a substantial beneficiary;
a trust, estate, incompetent, conservatee, protected person, or minor of which the individual
is a fiduciary; or an entity of which the individual is director, general partner, agent,
employee or the governing authority or member of the governing authority. (2) ASSOCIATE. When
used to indicate a relationship with: (A) a domestic or foreign entity for which the person
is: (i) an officer or governing person; or (ii) a beneficial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-1.03.htm - 25K - Match Info - Similar pages
43-8-253
Section 43-8-253 Effect of homicide on intestate succession, wills, joint assets, life insurance
and beneficiary designations; effect of bona fide purchase by third party or good faith payment
by obligor, etc. (a) A surviving spouse, heir or devisee who feloniously and intentionally
kills the decedent is not entitled to any benefits under the will or under articles 3 through
10 of this chapter, and the estate of decedent passes as if the killer had predeceased the
decedent. Property appointed by the will of the decedent to or for the benefit of the killer
passes as if the killer had predeceased the decedent. (b) Any joint tenant who feloniously
and intentionally kills another joint tenant thereby effects a severance of the interest of
the decedent so that the share of the decedent passes as his property and the killer has no
rights by survivorship. This provision applies to joint tenancies with the right of survivorship
and tenancies in common during the respective lives of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-253.htm - 3K - Match Info - Similar pages
30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section, the following
words have the following meanings: (1) GRANDPARENT. The parent of a parent, whether the relationship
is created biologically or by adoption. (2) HARM. A finding by the court, by clear and convincing
evidence, that without court-ordered visitation by the grandparent, the child's emotional,
mental, or physical well-being has been, could reasonably be, or would be jeopardized. (b)
A grandparent may file an original action in a circuit court where his or her grandchild resides
or any other court exercising jurisdiction with respect to the grandchild or file a motion
to intervene in any action when any court in this state has before it any issue concerning
custody of the grandchild, including a domestic relations proceeding involving the parent
or parents of the grandchild, for reasonable visitation rights with respect to the grandchild
if any of the following circumstances exist: (1) An action for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-4.2.htm - 10K - Match Info - Similar pages
5-24-15
Section 5-24-15 Rights of creditors and others. (a) If other assets of the estate are insufficient,
a transfer resulting from a right of survivorship or POD designation under this chapter is
not effective against the estate of a deceased party to the extent needed to pay claims against
the estate and statutory allowances to the surviving spouse and children. (b) A surviving
party or beneficiary who receives payment from an account after death of a party is liable
to account to the personal representative of the decedent for a proportionate share of the
amount received to which the decedent, immediately before death, was beneficially entitled
under Section 5-24-11, to the extent necessary to discharge the claims and allowances described
in subsection (a) remaining unpaid after application of the decedent's estate. A proceeding
to assert the liability may not be commenced unless the personal representative has received
a written demand by the surviving spouse, a creditor, a child, or a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-24-15.htm - 2K - Match Info - Similar pages
|