43-8-291
Section 43-8-291 Right to disclaim interest in property. (a) A person, or the representative
of a deceased, incapacitated person, protected person, incompetent or ward, who is an heir,
next of kin, devisee, legatee, grantee, donee, surviving joint tenant, person succeeding to
a disclaimed interest, beneficiary under a testamentary or nontestamentary instrument or contract,
or appointee under a power of appointment exercised by a testamentary or nontestamentary instrument,
or to whom any property or interest therein devolves, by whatever means, may disclaim in whole
or in part the right of succession to any property or interest therein by delivering or filing
a written disclaimer under this article. (b) A surviving joint tenant may disclaim as a separate
interest any property or interest therein devolving to him by right of survivorship. A surviving
joint tenant may disclaim the entire interest in any property or interest therein that is
the subject of a joint tenancy devolving to him,...
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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.)...
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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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26-2A-153
Section 26-2A-153 Distributive duties and powers of conservator. (a) A conservator may expend
or distribute income or principal of the estate without court authorization or confirmation
for the health, support, education, or maintenance of the protected person and dependents
in accordance with the following principles: (1) The conservator shall consider recommendations
relating to the appropriate standard of support, education, and benefit for the protected
person or dependents made by a parent or guardian, if any. The conservator may not be surcharged
for sums paid to persons or organizations furnishing support, education, or maintenance to
the protected person or a dependent pursuant to the recommendations of a parent or guardian
of the protected person unless the conservator knows that the parent or guardian derives personal
financial benefit therefrom, including relief from any personal duty of support, or the recommendations
are clearly not in the best interest of the protected...
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43-2-553
Section 43-2-553 Decree for balance - Decree in favor of outgoing executor or administrator;
insolvent estates. If, on such settlement, a balance is ascertained to be due from the estate
of such decedent to the deceased or outgoing executor or administrator, the probate court
may, if six months have elapsed from the grant of original letters, render a decree in favor
of the outgoing executor or administrator or, if dead, of his personal representative, against
the remaining or succeeding executor or administrator for such balance; and if the estate
is solvent, payment thereof may be enforced by execution against him, to be levied on any
effects of such estate in his hands unadministered; but if the estate is insolvent, such decree
is to be paid as other claims against insolvent estates; and if such balance or any part thereof
is for expenses of administration necessarily incurred, such balance, or such part thereof
as may be for such expenses, shall be a preferred claim against such...
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43-2-831
Section 43-2-831 Time of accrual of duties and powers. The duties and powers of a personal
representative commence upon appointment. The powers of a personal representative relate back
in time to give acts by the person appointed which are beneficial to the estate occurring
prior to appointment the same effect as those occurring thereafter. Prior to appointment,
a person named personal representative in a will may carry out written instructions of the
decedent relating to the decedent's body, funeral, and burial arrangements. A personal representative
may ratify and accept acts on behalf of the estate done by others where the acts would have
been proper for a personal representative. (Acts 1993, No. 93-722, p. 1411, §2.)...
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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...
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25-5-114
Section 25-5-114 Rights and remedies of employees, etc., under article exclusive; civil and
criminal liability of employers, etc. The rights and remedies granted in this article shall
exclude all other rights and remedies of an employee, his personal representative, parent,
surviving spouse, dependents, or next of kin, at common law, by statute, contract, or otherwise
on account of the contraction of an occupational disease, as defined in this article, and
on account of any injury, disability, loss of service, or death resulting from an occupational
disease, as defined in this article. Except as provided in this article, no employer included
within the terms of this chapter and no officer, director, agent, servant, or employee of
such employer shall be held civilly liable for the contraction of an occupational disease,
as defined in this article, or for injury, disability, loss of service, or death of any employee
due to an occupational disease while engaged in the service or business...
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25-5-194
Section 25-5-194 Rights and remedies of employees, etc., under article exclusive; civil and
criminal liability of employers, etc. The rights and remedies granted in this article shall
exclude all other rights and remedies of an employee, his personal representative, parent,
surviving spouse, dependents, or next of kin, at common law, by statute, contract, or otherwise
on account of occupational exposure to radiation and on account of any injury, disability,
loss of service, or death resulting from occupational exposure to radiation. Except as provided
in this article, no employer included within the terms of this chapter and no officer, director,
agent, servant, or employee of such employer shall be held civilly liable for the occupational
exposure to radiation or for injury, disability, loss of service, or death of any employee
due to occupational exposure to radiation while engaged in the service or business of the
employer, the cause of which occupational exposure to radiation...
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45-45-171.01
Section 45-45-171.01 Cremation of deceased indigent person. (a)(1) The Madison County Commission
may provide for expenses of cremation of any deceased indigent person, if the deceased was
a resident of the county prior to his or her death, died without an estate, and has no relatives
residing in the county who are financially able to provide for the burial or cremation expenses
of the person. (2) The surviving spouse of the deceased person shall consent in writing to
the cremation by the county. (3) If there is no surviving spouse, any adult child of the deceased
person, if the adult child resides in the county, shall consent in writing to the cremation.
(4) If there is no surviving spouse or surviving adult child of the deceased residing in the
county, the agency referring the body and requesting the cremation may consent in writing
to the cremation. A referring agency acting in good faith pursuant to this section shall be
exempt from all civil and criminal liability regarding such...
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