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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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43-2-843
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...
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5-17-16
Section 5-17-16 Disposition of shares or deposit account of deceased person. Whenever a person
shall die leaving a share or deposit account in a credit union not exceeding ten thousand
dollars ($10,000), the credit union having the share or deposit account may discharge itself
from liability thereafter by paying the funds in the share or deposit account to the widow
or surviving husband of the deceased or, if there is no widow or surviving husband, to the
persons having the actual custody or control of the minor child or children of the deceased;
provided, that such person, if not the legal guardian, shall execute to the probate judge
of the county a bond in the penal sum of double the amount of such deposit for the faithful
accounting of the money so received, which shall be approved by the probate judge, or, if
there is no minor child or children, to the person or persons who under the laws of Alabama
are the heirs and inherit the personal property of the deceased. No such payment is...
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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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43-2-848
Section 43-2-848 Compensation of personal representative. (a) A personal representative is
entitled to reasonable compensation for services as may appear to the court to be fair considering
such factors that may include, but are not limited to, the novelty and difficulty of the administrative
process, the skill requisite to perform the service, the likelihood that the acceptance of
the particular employment will preclude other employment, the fee customarily charged in the
locality for similar services, the amount involved and the results obtained, the requirements
imposed by the circumstances and condition of the estate, the nature and length of the professional
relationship with the decedent, the experience, reputation, diligence, and ability of the
person performing the services, the liability, financial or otherwise, of the personal representative,
or the risk and responsibility involved, which shall not exceed two and one-half percent of
the value of all property received and...
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45-49A-63
Section 45-49A-63 Definitions. As used in this part, the following words and terms shall have
meanings as follows: (1) ANNUITY STARTING DATE. The first day for which a benefit is payable
as an annuity or any other form under Section 45-49A-63.80. (2) BENEFICIARY. The person or
persons named by a member by written designation filed with the board to receive payments
under this plan after the member's death. The member may not change his or her beneficiary
after his or her annuity starting date. If no beneficiary designation is in effect at the
member's death, or if no person so designated survives the member, the member's surviving
spouse, if any, shall be deemed to be the beneficiary, otherwise the beneficiary shall be
the member's estate. (3) BOARD. The Police and Fire Pension Board as constituted under Section
45-49A-63.120, or its delegate. (4) BREAK IN SERVICE. A period of absence which would constitute
a break in the member's service under the Mobile County Personnel Board rules;...
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19-3B-505
Section 19-3B-505 Creditor's claim against settlor. (a) Whether or not the terms of a trust
contain a spendthrift provision, the following rules apply: (1) During the lifetime of the
settlor, the property of a revocable trust is subject to claims of the settlor's creditors.
(2) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach
the maximum amount that can be distributed to or for the settlor's benefit. If a trust has
more than one settlor, then the amount the creditor or assignee of a particular settlor may
reach may not exceed the settlor's interest in the portion of the trust attributable to that
settlor's contribution. (3) After the death of a settlor, and subject to the settlor's right
to direct the source from which liabilities will be paid, the property of a trust that was
revocable immediately prior to the settlor's death is subject to claims of the settlor's creditors,
costs of administration of the settlor's estate, the expenses of the...
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22-19-161
Section 22-19-161 Definitions. In this article: (1) "Adult" means an individual who
is at least 18 years of age. (2) "Agent" means an individual: (A) authorized to
make health care decisions on the principal's behalf by a power of attorney for health care;
or (B) expressly authorized to make an anatomical gift on the principal's behalf by any other
record signed by the principal. (3) "Anatomical gift" means a donation of all or
part of a human body to take effect after the donor's death for the purpose of transplantation,
therapy, research, or education. (4) "Coroner" means an elected or appointed official
who determines, with the assistance of other forensic scientists and investigators, the cause,
manner, and circumstances surrounding death. (5) "Decedent" means a deceased individual
whose body or part is or may be the source of an anatomical gift. The term includes a stillborn
infant and, subject to restrictions imposed by law other than this article, a fetus. (6) "Disinterested...
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41-13-7
Section 41-13-7 Identifying information of state employees on records available for public
inspection. (a) As used in this section, the following terms shall have the following meanings:
(1) EMPLOYEE. Any person who is regularly employed by the state and who is subject to the
provisions of the state Merit System or any person who is regularly employed by a criminal
justice agency or entity or by a law enforcement agency within the state or any honorably
retired employee thereof, to include, but not be limited to, the following: A judge of any
position, including a judge of a municipal court; a district attorney; a deputy district attorney;
an assistant district attorney; an investigator employed by a district attorney; an attorney,
investigator, or special agent of the Office of the Attorney General; a sheriff; a deputy
sheriff; a jailor; or a law enforcement officer of a county, municipality, the state, or special
district, provided the law enforcement officer is certified by the...
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30-3D-102
Section 30-3D-102 Definitions. In this chapter: (1) "Child" means an individual,
whether over or under the age of majority, who is or is alleged to be owed a duty of support
by the individual's parent or who is or is alleged to be the beneficiary of a support order
directed to the parent. (2) "Child-support order" means a support order for a child,
including a child who has attained the age of majority under the law of the issuing state
or foreign country. (3) "Convention" means the Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November
23, 2007. (4) "Duty of support" means an obligation imposed or imposable by law
to provide support for a child, spouse, or former spouse, including an unsatisfied obligation
to provide support. (5) "Foreign country" means a country, including a political
subdivision thereof, other than the United States, that authorizes the issuance of support
orders and: (A) which has been...
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