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5-24-1
Section 5-24-1 Definitions. In this chapter: (1) ACCOUNT means a contract of deposit between
a 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...
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41-9-80.2
Section 41-9-80.2 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE JUNE 10, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. As used in this division,
the following terms shall have the following meanings: (1) CONVICTED INDIVIDUAL. An individual
convicted of a specified crime or a representative of the individual. (2) EARNED INCOME. Income
derived from an individual's own labor or active participation in a business. The term does
not include income from dividends or investments. (3) FUNDS OF A CONVICTED INDIVIDUAL. Funds
and property received from any source by a convicted individual. The term includes funds that
a superintendent, sheriff, municipal official, or other correctional official receives on
behalf of a convicted individual and deposits into the individual's inmate or prisoner account
to the credit of the individual. The term does not include funds from child support payments
and earned income, except any income defined as profits...
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43-2-833
Section 43-2-833 General duties; relation and liability to persons interested in estate; standing
to sue. (a) A personal representative is a fiduciary. Except as otherwise provided by the
terms of the will, the personal representative shall observe the standards in dealing with
the estate that would be observed by a prudent person dealing with the property of another.
If the personal representative has special skills or is named personal representative on the
basis of representations of special skills or expertise, the personal representative is under
a duty to use those skills. A personal representative is under a duty to settle and distribute
the estate of the decedent in accordance with the terms of any probated and effective will
and Title 43, and as expeditiously and efficiently as is consistent with the best interests
of the estate. The personal representative shall use the authority conferred upon personal
representatives by law, the terms of the will, if any, and any order in...
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38-1-3
Section 38-1-3 Legal representative for handling public assistance payments of incompetents.
If any otherwise qualified applicant for or recipient of public assistance appears to be incapable,
physically or mentally, or both, of managing his public assistance payments, and has no legal
guardian, he, his spouse, father, mother, child, brother or sister, with the consent of the
Department of Human Resources, or the Department of Human Resources may petition the probate
judge for the appointment of a legal representative to handle his public assistance payments
only. The petition shall be accompanied by a certificate in writing of a physician which certificate
shall state that the physician upon examination believes the applicant or recipient to be
physically or mentally, or both, incapable of managing his public assistance payments. The
probate judge shall conduct a hearing for the purpose of appointing a competent person as
legal representative after notice of at least 10 days in...
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43-2-697
Section 43-2-697 Notice to Medicaid Agency of appointment as personal representative or filing
of petition under Section 43-2-692. (a) The personal representative, or person filing to initiate
a proceeding in accordance with the Alabama Small Estates Act, Division 10 of this article,
shall give notice of his or her appointment, or the filing of a petition in accordance with
Section 43-2-692, to the Medicaid Agency. The notice shall include all of the following information:
(1) The full legal name of the deceased. (2) The date of birth of the deceased. (3) The date
of death of the deceased. (4) The Social Security number of the deceased. (5) The marital
status of the deceased at the time of death. (6) The name, address, and phone number of the
spouse of the deceased, if applicable. (7) The court in which a probate estate has been opened.
(8) The probate case number. (9) The date on which letters testamentary or letters of administration
were issued by the probate court. (10) The name,...
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12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery from fund;
procedures, appeals, etc.; licensee to report any legal action taken against him or her. (a)
The commission shall establish and maintain a Recovery Fund from which an aggrieved party
may recover actual or compensatory damages, not including interest and court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
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45-28-70
Section 45-28-70 Single-member district county governing body. (a) The intent of this section
is to implement, by local act for Etowah County, the Joint Remedy Proposal in the court order
dated January 30, 1995, and related orders, in Civil Action No. 89-T-459-E, in the United
States District Court for the Middle District of Alabama, Eastern Division, in the case of
Presley, et al. v. Etowah County Commission. (b) There is created and established in and for
Etowah County, a single-member district governing body, which shall replace the existing governing
body to the extent there is a conflict with existing laws relating to Etowah County. The Etowah
County Commission shall be composed of six members, elected from single-member districts one
through six inclusive, which districts are described in the Joint Remedy Proposal made a part
of the court order dated January 30, 1995, and related orders, in Civil Action No. 89-T-459-E
in the United States District Court for the Middle District of...
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25-5-60
Section 25-5-60 Compensation for death. In death cases, where the death results proximately
from the accident within three years, compensation payable to dependents shall be computed
on the following basis and shall be paid to the persons entitled thereto without administration,
or to a guardian or other person as the court may direct, for the use and benefit of the person
entitled thereto. (1) PERSONS ENTITLED TO BENEFITS; AMOUNT OF BENEFITS. a. If the deceased
employee leaves one dependent, there shall be paid to the dependent 50 percent of the average
weekly earnings of the deceased. b. If the deceased employee leaves two or more dependents,
there shall be paid to the dependents 66 2/3 percent of the average weekly earnings of the
deceased. c. If one of two or more dependents is a widow or widower, the compensation may
be paid to the widow or widower for the benefit of herself or himself and the dependent child
or children. In its discretion and when it considers appropriate to do...
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34-27-2
Section 34-27-2 Definitions; exemptions from chapter. (a) For purposes of Articles 1 and 2
of this chapter, the following terms shall have the respective meanings ascribed by this section:
(1) ASSOCIATE BROKER. Any broker other than a qualifying broker. (2) BROKER. Any person licensed
as a real estate broker under Articles 1 and 2 of this chapter. (3) COMMISSION. The Alabama
Real Estate Commission, except where the context requires that it means the fee paid to a
broker or salesperson. (4) COMMISSIONER. A member of the commission. (5) COMPANY. Any sole
proprietorship, corporation, partnership, branch office, or lawfully constituted business
organization as the Legislature may provide for from time to time, which is licensed as a
company under Articles 1 and 2 of this chapter. (6) ENGAGE. Contractual relationships between
a qualifying broker and an associate broker or salesperson licensed under him or her whether
the relationship is employer-employee, independent contractor, or...
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