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6-10-85
Section 6-10-85 How exemption in lieu of homestead claimed and set apart. When an exemption
of real estate in lieu of homestead is claimed under Section 6-10-61, a petition in writing,
duly verified by oath, must be filed by, or on behalf of, the surviving spouse and minor child
or children, or either, as the case may be, in the probate court having jurisdiction of the
administration of the estate, setting forth the facts authorizing such exemption, describing
the real estate out of which the exemption is claimed and stating its value. Thereupon the
court shall appoint three commissioners who shall set off and allot the same by metes and
bounds; and, within 10 days thereafter, they shall make a written report to the court of the
exemption set off and allotted by them. (Code 1886, §2553; Code 1896, §2083; Code 1907,
§4210; Code 1923, §7932; Code 1940, T. 7, §675.)...
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8-6-140
Section 8-6-140 Definitions. For the purposes of this article, the following words have the
following meanings unless the context otherwise requires: (1) BENEFICIARY FORM. A registration
of a security which indicates the present owner of the security and the intention of the owner
regarding the person who will become the owner of the security upon the death of the owner.
(2) DEVISEE. Any person designated in a will to receive a disposition of real or personal
property. (3) HEIRS. Those persons, including the surviving spouse, who are entitled under
the statutes of intestate succession to the property of a decedent. (4) PERSON. An individual,
a corporation, an organization, or other legal entity. (5) PERSONAL REPRESENTATIVE. Includes
executor, administrator, successor personal representative, special administrator, and persons
who perform substantially the same function under the law governing their status. (6) PROPERTY.
Includes both real and personal property or any interest therein...
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12-18-10
Section 12-18-10 Retirement and disability benefits of justices of Supreme Court, judges of
courts of appeals and judges of circuit courts; payment of benefits to spouses upon death
of justices or judges; call to active duty status of retired justices or judges; powers, duties,
compensation, etc., of retired justices or judges on active duty status; transfer of justices
or judges from active to inactive status, etc. (a) The retirement benefit payable to a justice
of the Supreme Court or judge of one of the courts of appeals retiring pursuant to subdivision
(2), (3), (4) or (5) of subsection (a) of Section 12-18-6 shall be 75 percent of the salary
prescribed by law for the position from which he retires, payable monthly for the rest of
his life. Such benefit shall continue to be 75 percent of his salary prescribed by law for
such position and shall change in amount as such salary is hereafter increased or decreased
by law and shall not be subject to writs of attachment or garnishment....
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12-18-87
Section 12-18-87 Benefits. (a) Judges' retirement benefits. - The annual retirement benefit
payable to a probate judge retiring pursuant to subdivisions (2), (3), (4), and (5) of Section
12-18-84 shall be 75 percent of the base sum or salary upon which such judge is paying the
percentage as provided in subsection (a) or subsection (b) of Section 12-18-82 immediately
prior to retirement. Such retirement benefit shall be payable monthly from the State Treasury
for the life of the beneficiary. (b) Spouses' benefits. - After the death of any probate judge
who has held office for a minimum of five years, his or her spouse shall receive a yearly
benefit from the State Treasury equivalent to the greater of $480.00 per year, multiplied
by the number of years of service, not to exceed 10 years, or three percent of the base sum
or salary upon which such probate judge was paying the percentage as provided in subsection
(a) or subsection (b) of Section 12-18-82 immediately prior to retirement,...
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22-19-47
Section 22-19-47 Powers, duties and liabilities upon death. (a) The donee may accept or reject
the gift. If the donee accepts a gift of the entire body, he may, subject to the terms of
the gift, authorize embalming and the use of the body in funeral services. If the gift is
of a part of the body, the donee, upon the death of the donor and prior to embalming, shall
cause the part to be removed without unnecessary mutilation. After removal of the part, custody
or the remainder of the body vests in the surviving spouse, next of kin or other persons under
obligations to dispose of the body. (b) The time of death shall be determined by a physician
who attends the donor at his death or, if none, the physician who certifies the death. The
physician shall not participate in the procedures for removing or transplanting a part. (c)
A person who acts in good faith in accord with the terms of this article or with the anatomical
gift laws of another state or a foreign country is not liable for...
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43-8-113
Section 43-8-113 Source, determination and documentation of exempt property and allowances;
petition for relief by personal representative or interested person. If the estate is otherwise
sufficient, property specifically devised is not used to satisfy rights to homestead and exempt
property. Subject to this restriction, the surviving spouse, the guardians of the minor children,
or children who are adults may select property of the estate as homestead allowance and exempt
property. The personal representative may make these selections if the surviving spouse, the
children or the guardians of the minor children are unable or fail to do so within a reasonable
time or if there are no guardians of the minor children. The personal representative may execute
an instrument or deed of distribution to establish the ownership of property taken as homestead
allowance or exempt property. He or she may determine the family allowance in a lump sum not
exceeding fifteen thousand dollars ($15,000) or...
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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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12-18-60
Section 12-18-60 Payment of benefits to spouses upon death of judges. After the death of any
district judge, who, while serving as an intermediate court judge or as a district judge,
has contributed or paid into a county retirement system or to a state retirement system for
a minimum of five years, his spouse shall receive a yearly benefit from the state equivalent
to three percent of the salary payable from the State Treasury prescribed by law for his former
position as a district judge or as an intermediate court judge, as the case may be, for each
year of service not to exceed 30 percent of such salary, payable monthly for the remainder
of such spouse's life or until their remarriage. (Acts 1975, No. 1205, p. 2384, §4-123; Acts
1988, No. 88-164, p. 264, §4.)...
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36-21-66
Section 36-21-66 Alabama Peace Officers' Annuity and Benefit Fund created; purpose and official
designation; composition generally; investment, expenditure, etc., of moneys therein. A special
fund is established and placed under the management of the board for the purpose of providing
retirement allowances and other benefits under this article for members of the fund. The fund
shall be known as the Alabama Peace Officers' Annuity and Benefit Fund, by and in which name
all of its business shall be transacted, all of its funds invested, and all of its cash and
securities and other property held in trust for the purposes for which received. All amounts
received by the board pursuant to this article shall be paid into the fund. The board shall
have such control of the fund as shall not be inconsistent with this article and with the
laws of the state. All moneys of the board shall either be deposited into the State Treasury
or in a special trust account or accounts in any bank or banks in...
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36-27B-1
Section 36-27B-1 (Effective November 8, 2016, subject to contingencies) Creation and effective
date of program. There shall be created the Preretirement Death Benefit Program effective
October 1, 1985, which shall be effective as of that date to all employees covered under the
Teachers' Retirement System of Alabama and the Employees' Retirement System of Alabama. Beginning
November 8, 2016, the Preretirement Death Benefit Program shall be effective to all members
of the Judges' and Clerks' Plan and the District Attorneys' Plan provided for in Section 12-18-151
and Section 12-17-227.1. In the event the conditions prescribed in Section 36-27B-5 shall
occur prior to October 1, 1985, the death benefit plan established herein shall become effective
upon certification and adoption by a joint resolution of the Teachers' and Employees' Retirement
Systems' Boards of Control. (Acts 1983, No. 83-616, p. 953, §1.)...
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