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5-5A-38
exceeding $5,000.00 in the aggregate, the bank may in its discretion discharge itself from
liability thereafter by paying the deposits to the surviving spouse of the deceased or, if
there is none, to the adult children and to the person having the actual custody and 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 where the principal office of the
bank is located a bond in the penal sum of double the amount of the portion of such deposit
he receives for the faithful accounting of the money so received, which shall be approved
by said probate judge; or, if there is no surviving spouse or child or children, to the person
or persons who, under the laws of Alabama, are the next of kin and inherit the personal
property of the deceased. The bank shall be fully protected by requiring an affidavit by some
reputable citizen as to the facts specified. (Acts 1980, No. 80-658, ยง5-5-38.)...
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5-17-16
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
to be made before the lapse of 60 days from the date of the death of the deceased, and no
such payment must be made by the credit union under this section if letters testamentary or
of administration have been issued to a personal representative or a proceeding is
pending to probate a will of the deceased, or if a petition of letters of administration on
the estate of the deceased is pending in the court in this state which would have...
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43-8-1
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 period of time as computed in accordance with section 1-1-4 and Rule
6(a), Alabama Rules of Civil Procedure. (5) DEVISE. When used as a noun, means a testamentary
disposition of real or personal property and when used as a verb, means to dispose
of real or personal property by will. (6) DEVISEE. Any person designated in a will
to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee
or trust described by will, the trust or trustee is the devisee and the beneficiaries are
not devisees. (7) DISTRIBUTEE. Any person who has received property of a decedent from his
personal representative other than as creditor or purchaser. A testamentary trustee
is...
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10A-1-1.03
limited liability company or association, a member; and (D) with respect to another foreign
or domestic entity, an owner of an equity interest in that entity. (69) OWNERSHIP INTEREST.
An owner's interest in an entity. The term includes the owner's share of profits and losses
or similar items and the right to receive distributions. The term does not include an owner's
right to participate in management or participate in the direction or oversight of the entity.
An ownership interest is personal property. (70) PARENT or PARENT ENTITY. An entity
that: (A) owns at least 50 percent of the ownership or membership interest of a subsidiary;
or (B) possesses at least 50 percent of the voting power of the owners or members of a subsidiary.
(71) PARTNER. A limited partner or general partner. (72) PARTNERSHIP. Includes a general partnership,
a limited liability partnership, a foreign limited liability partnership, a limited partnership,
a foreign limited partnership, a limited liability...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-1.03.htm - 25K - Match Info - Similar pages
36-30-3
Section 36-30-3 Payment of compensation - Generally. The compensation payable to surviving
beneficiaries or dependents of peace officers, firefighters, or rescue squad members who are
killed under the circumstances prescribed in Section 36-30-2 shall be paid to the beneficiaries
designated by those peace officers, firefighters, or rescue squad members. If no beneficiaries
have been designated, or if none remain, the compensation shall be paid to the persons entitled
thereto without administration or to a guardian or such other person as the awarding authority
may direct for the use of the persons entitled thereto, as follows: (1) If the deceased peace
officer, firefighter, or rescue squad member leaves a dependent spouse and no other dependents
or partial dependents, the total amount of the compensation provided for in Section 36-30-2
shall be paid to the surviving spouse. (2) If the deceased peace officer, firefighter, or
rescue squad member leaves a dependent spouse and a dependent...
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35-12-84
Section 35-12-84 Filing of a claim - intestate and small claims. (a) The surviving spouse or,
if none, the surviving child or children or, if none, the surviving parent or parents of an
abandoned property owner who has died intestate may claim the abandoned property under this
section, and will have a defeasible right to the property, if all of the following conditions
exist: (1) The aggregate value of the abandoned property held on behalf of the owner, as established
by rule, must not exceed the amount allowed in Section 43-2-692. (2) The claim need not be
accompanied by an order of a probate court if the claimant files documentation established
in the rules, including, but not limited to, a. a written confirmation by the probate court
that no estate has been opened or filed; b. an affidavit, signed by all beneficiaries, as
applicable, stating that all beneficiaries have amicably agreed among themselves upon a division
of the property; c. supporting documentation showing heir rights;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-12-84.htm - 2K - Match Info - Similar pages
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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45-8A-22.119
the plan pursuant to Section 45-8A-22.117, into the trust to a beneficiary who has been designated
by the participant, in writing, executed by the participant on a form prescribed by the retirement
board and delivered to the secretary-treasurer. In the event that the participant has not
designated a beneficiary, the retirement board shall, upon demand, pay the lump sum equal
to the deceased participant's contributions made to the plan pursuant to Section 45-8A-22.117,
into the trust to the personal representative of the estate of the deceased participant.
Any amounts received by the participant in his or her lifetime or by his or her surviving
spouse or children following the death of the participant shall be deducted from the amount
payable to the beneficiary properly designated by the participant or to the estate of the
deceased participant pursuant to the terms of the plan. Any attempt to designate a beneficiary
pursuant to the terms of this subsection not in compliance with the...
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34-13-11
than one surviving grandparent, a majority of the surviving grandparents. Less than a majority
of the surviving grandparents may be vested with the rights and duties of this section if
reasonable efforts have been made to notify all surviving grandparents of the instructions
and a majority of the surviving grandparents are not aware of any opposition to the instructions.
(9) The guardian of the decedent at the time of the death of the decedent, if a guardian had
been appointed. (10) The personal representative of the estate of the decedent. (11)
The person in the classes of the next degree of kinship, in descending order, under the laws
of descent and distribution to inherit the estate of the decedent. If there is more than one
person of the same degree, any person of that degree may exercise the right of disposition.
(12) The public officer, administrator, or employee responsible for arranging the final disposition
of the remains of the decedent if the disposition of the remains...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-13-11.htm - 10K - Match Info - Similar pages
25-5-60
of any guardian or guardians, what portion of the compensation shall be applied for the benefit
of any child or children and may order the same paid to a guardian or custodian of the child
or children. d. Partial dependents shall be entitled to receive only that proportion of the
benefits provided for total dependents which the average amount of the earnings regularly
contributed by the deceased employee to the partial dependent, at and for a reasonable time
immediately prior to the injury, bore to the total income of the dependent during the
same time. If there is one dependent and one or more partial dependents and the dependent
is not entitled to the maximum amount of compensation provided in Section 25-5-68, there shall
be paid to the partial dependent or partial dependents that percentage of the benefit paid
to a full dependent which the contribution of the decedent to the partial dependent's support
bears to the total income of the partial dependent. Notwithstanding the...
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