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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...
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41-9-85.1
Section 41-9-85.1 Definitions. 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 from a crime. (4) PERSON. An individual, corporation, estate, partnership,
association, or other legal entity, or representative of such....
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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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43-2-692
Section 43-2-692 Petition for summary distribution; when surviving spouse or distributee
entitled to personal property without administration. (a) The surviving spouse, if there is
one, otherwise the distributees of an estate of personal property only, may initiate a proceeding
for summary distribution of the estate by filing a verified petition in the office of the
judge of probate of the county in which the decedent was domiciled at death alleging the conditions
provided in subsection (b). The petition shall include a description of the estate of the
decedent. No bond shall be required to be filed with the petition. (b) The surviving spouse
or distributee shall have a defeasible right to the personal property of the decedent without
awaiting the appointment of a personal representative or the probate of a will if all of the
following conditions exist: (1) The value of the entire estate does not exceed twenty-five
thousand dollars ($25,000). This figure shall be adjusted annually for...
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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...
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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...
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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...
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36-27-16
Section 36-27-16 Retirement, etc., of employees; retirement allowances. (a)(1) RETIREMENT,
ETC., OF EMPLOYEES GENERALLY; ELIGIBILITY FOR SERVICE RETIREMENT BENEFITS. a. Any Tier I plan
member who withdraws from service upon or after attainment of age 60 and any Tier II plan
member who withdraws from service upon or after attainment of age 62 may retire upon written
application to the Board of Control setting forth at what time, not less than 30 days nor
more than 90 days subsequent to the execution and filing thereof, he or she desires to be
retired; provided, that any such member who became a member on or after October 1, 1963, shall
have completed 10 or more years of creditable service; provided further, that a Tier I plan
member employed as a state policeman shall be eligible to file application for service retirement
upon attaining age 52 and a Tier II plan member employed as a state policeman or employed
as a correctional officer, firefighter, or law enforcement officer as defined...
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40-18-1
Section 40-18-1 Definitions. For the purpose of this chapter, the following terms shall
have the respective meanings ascribed by this section: (1) ADVANCED FOSSIL-BASED GENERATION.
The production of electricity from fossil-based generation with the use of technology or efficiency
improvements to control or reduce carbon emissions, including but not limited to, technologies
described in 26 U.S.C. § 48A(f), as such provision existed on December 31, 2007. (2) ALTERNATIVE
ENERGY RESOURCES. Coal gasification or liquefaction, nuclear, and advanced fossil-based generation.
(3) BIOMASS. Animals and plants, and the waste, by-products, or derivatives of either, including,
but not limited to, the materials described in 26 U.S.C. §§ 45(c)(2), 45(c)(3), 45K(c)(3),
or 48B(c)(4). (4) BUSINESS TRUST. Any entity which is a business trust for federal income
tax purposes. (5) CAPTIVE REIT. Any REIT whose shares or certificates of beneficial interest
are not regularly traded on an established...
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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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