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6-10-106
Section 6-10-106 Proceedings to set aside exemptions when husband, wife, or parent absent seven
years and residence not ascertainable - Generally. (a) When the real and personal property
owned by an absent husband, wife, or parent who has not been heard from and whose residence
has been unknown for seven years and whose residence cannot be ascertained by diligent inquiry
does not exceed in amount and value the exemptions allowed in favor of his or her surviving
spouse and minor child or children, or either, the probate court of the county in which he
or she resided before leaving his or her spouse or children, upon the application of the deserted
spouse or, if there is no spouse or he or she does not act, upon the application of the guardian
or of a suitable person who shall be appointed by the judge of probate as next friend of such
minor children, verified by oath and setting forth such facts, must appoint two commissioners,
who shall make a full and complete inventory and...
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6-10-95
Section 6-10-95 Reduced homestead incapable of allotment - Sale - When allowed. The homestead
of a decedent may be sold by order of the court having jurisdiction of the estate, on petition
of executor or administrator, when the same, after being reduced to its lowest area, exceeds
$6,000 in value and when it is necessary that the same be sold for the payment of debts because
the remainder of the estate is insufficient to pay all debts and claims against the estate
and the surviving spouse or minor children fail to pay the deficiency within 30 days after
notice of said petition. (Code 1923, §5850; Code 1940, T. 7, §686; Acts 1951, No. 911, p.
1558, §1.)...
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6-10-40
Section 6-10-40 Sale of land and separation of homestead interest from that of alienee. When
the homestead, after being reduced to the lowest practicable area, exceeds $5,000 in value
and the husband or wife has aliened the same by deed, mortgage, or other conveyance without
the voluntary signature and assent of the spouse, shown and acknowledged as required by law,
the alienor or, if he or she fails to act, the spouse or, if there is no spouse or if he or
she fails to act, their minor child or children may, by filing a complaint, have the land
sold and the homestead interest separated from that of the alienee. (Code 1876, §2832; Code
1886, §2538; Code 1896, §2064; Code 1907, §4191; Code 1923, §7913; Code 1940, T. 7, §656;
Acts 1980, No. 80-569, p. 879, §6.)...
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19-3B-505
must be presented. If the person fails to present the claim in writing within 90 days from
the date of the notice, then the person shall be forever barred from asserting or recovering
on the claim from the trustee, the trust property and the creditors and beneficiaries of the
trust. Any person who presents a claim on or before the date specified in the notice may not
later increase the claim following the expiration of the 90-day period. (3) If a claim is
not presented in writing to the personal representative of the settlor's estate or
to the trustee (i) within six months from the date of the appointment of the initial personal
representative of the settlor's estate, or (ii) if no personal representative is appointed
within six months from the settlor's date of death and a claim is not presented in writing
to the trustee within six months from the settlor's date of death, then no trustee shall be
chargeable for any assets that the trustee may pay or distribute in good faith in...
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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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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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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;...
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6-10-26
written notice of the filing of the claim. Thereupon, the plaintiff, in person or by his or
her agent or attorney, may contest the claim in the mode provided in Section 6-10-25; except,
that no bond need be executed; and on the institution of such contest, the officer shall,
within three days thereafter, give the defendant written notice of the same. If the plaintiff
does not institute such contest within 10 days after notice of the claim, the levy shall be
discharged, the property, if personal, shall be returned to the defendant and the plaintiff
shall be taxed with the costs of making the levy and keeping the property. When the levy has
been made on personal property, the defendant must file with his or her claim the statement
of personal property, choses in action and money, with the value and location thereof,
as required by the provisions of Section 6-10-29. (Code 1876, §2834; Code 1886, §2521; Code
1896, §2047; Code 1907, §4174; Code 1923, §7896; Code 1940, T. 7,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-26.htm - 1K - Match Info - Similar pages
43-8-115
Section 43-8-115 Discharge of debtor from liability for wages, etc., owed intestate former
employee of another; status of funds paid under this section. (a) Whenever an employee of
another shall die intestate and there shall be due him or her any sum as wages or salary the
debtor may discharge himself or herself from liability therefor by paying such amount to the
surviving spouse of the deceased employee or, if there is no surviving spouse to the person
having the legal custody and control of his or her minor child or children, or either as the
case may be, who may commence an action for and recover the same as part of the property or
allowance exempted to them. (b) Any sums paid in accordance with subsection (a) shall be considered
as part of the exempt property, as defined in Section 43-8-111; and, if the sums exceed seven
thousand five hundred dollars ($7,500) the excess shall be considered part of the family allowance,
as defined in Section 43-8-112. (Acts 1984, 1st Ex. Sess., No....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-115.htm - 1K - Match Info - Similar pages
6-10-107
Section 6-10-107 Proceedings to set aside exemptions when husband, wife or parent absent seven
years and residence not ascertainable - Vesting for life of title to property in deserted
spouse or minors. If no exceptions are filed and sustained to such report of the commissioners
setting apart exemptions and it is determined that the property set apart was all the property
owned by the absentee spouse at the time he or she left and that he or she left less property
than was exempt to a surviving spouse and minor children of decedents, the title to the property
so set aside, whether real or personal, shall vest for the life of the deserted spouse
or the minority of the children, whichever may last terminate. (Acts 1923, No. 368, p. 388;
Code 1923, §7959; Code 1940, T. 7, §705; Acts 1951, No. 911, p. 1558, §1.)...
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