6-10-33
Section 6-10-33 Contest of exemption claim - Proceedings when claim of personalty found excessive.
When, on a contest of a claim of exemption to personal property, the issue is whether or not
the claim is excessive and such issue is found in favor of the plaintiff, it must also be
ascertained by the finding of the court or the verdict of the jury, as the case may be, how
much and what portion of the property is exempt, describing the same with its value, approximating
in value as nearly as practicable $3,000, and the residue of the property shall be sold, and
out of the proceeds of sale there shall be paid to the defendant an amount which, when added
to the value of the property found to be exempt, will make the exemption equal to $3,000,
and the balance shall be applied to the payment of the costs and satisfaction of the process.
(Code 1876, §2839; Code 1886, §2529; Code 1896, §2055; Code 1907, §4182; Code 1923, §7904;
Code 1940, T. 7, §647; Acts 1980, No. 80-569, p. 879, §4.)...
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19-5-6
Section 19-5-6 Division of qualified terminable interest property trust into separate share
trusts to effectuate allocation of grantor's, decedent's, or surviving spouse's GST exemption;
payment of estate taxes. When a grantor or decedent transfers property into a trust for which
an election is made or to be made pursuant to Section 2056(b)(7) or 2523(f) of the Internal
Revenue Code to treat such property as qualified terminable interest property (the "QTIP
trust"), and when a grantor or fiduciary makes an election pursuant to Section 2652(a)(3)
of the Internal Revenue Code to have the grantor or decedent creating such QTIP trust deemed
to be the transferor of a portion, but not all, of such QTIP trust for GST purposes, and when
a grantor or fiduciary makes an allocation pursuant to Section 2631 of the Internal Revenue
Code of any portion of such grantor's or decedent's GST exemption to such portion of the QTIP
trust for which a Section 2652(a)(3) election is made or to be made, or to...
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6-10-30
Section 6-10-30 Contest of exemption claim - Trial of issues. The contest of any claim of exemptions
shall be a preferred case, and after the return of the process, if both parties appear, an
issue or issues shall be formed under the direction of the court as to whether the property
in contest, or any and what part of it, is exempt as claimed. Such issue or issues shall be
tried as other cases are tried. In all cases, the party in whose favor the levy was made shall
be deemed the plaintiff, upon whom shall rest the burden of proof, and both parties shall
be entitled to the same right of objection, exception, and of appeal as in other cases. (Code
1876, §2838; Code 1886, §2526; Code 1896, §2052; Code 1907, §4179; Code 1923, §7901;
Code 1940, T. 7, §644.)...
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6-10-36
Section 6-10-36 Contest of exemption claim - Assessment of value of property and damages resulting
from detention on bond; judgment and execution on bond. When bond has been executed by the
plaintiff or defendant for the forthcoming of the property in contest, the value of the property,
and the damages resulting from its detention must be assessed by the court or jury trying
the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property
and pay the damages as required by the condition of the bond, it shall be the duty of the
sheriff to make due return of that fact; and, upon such return being made, the bond shall
have the force and effect of a judgment, and execution may issue thereon against the obligors
on the bond for the value of the property and the damages assessed, or either, and costs.
(Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code 1923, §7907;
Code 1940, T. 7, §650.)...
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43-8-111
Section 43-8-111 Exempt property. If the decedent was domiciled in this state at the time of
death the surviving spouse is entitled to receive, in addition to the homestead allowance,
property of a value not exceeding seven thousand five hundred dollars ($7,500) in excess of
any security interests therein in household furniture, automobiles, furnishings, appliances
and personal effects. If there is no surviving spouse, children of the decedent are entitled
jointly to the same value. If encumbered chattels are selected and if the value in excess
of security interests, plus that of other exempt property, is less than seven thousand five
hundred dollars ($7,500), or if there is not seven thousand five hundred dollars ($7,500)
worth of exempt property in the estate, the spouse or children are entitled to other assets
of the estate, if any, to the extent necessary to make up the seven thousand five hundred
dollars ($7,500) value. Rights to exempt property and assets needed to make up a...
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6-10-41
Section 6-10-41 Effect of leaving homestead temporarily or leasing same. When a declaration
of claim to a homestead exemption has been filed in the office of the judge of probate, leaving
the homestead temporarily or a leasing of the same shall not operate an abandonment thereof
or render it subject to levy and sale, but the right thereto shall remain the same as if the
actual occupancy thereof had continued. (Code 1876, §2843; Code 1886, §2539; Code 1896,
§2065; Code 1907, §4192; Code 1923, §7914; Code 1940, T. 7, §657.)...
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43-8-114
Section 43-8-114 Spouse may retain dwelling, etc., until assignment of homestead. The spouse
may retain possession of the dwelling house where the surviving spouse resided with the decedent,
with the offices and buildings appurtenant thereto and the plantation connected therewith
until homestead is assigned, free from the payment of rent. The obligation to pay rent, if
any, on the dwelling shall be an obligation of the decedent's estate. (Code 1852, §1359;
Code 1867, §1630; Code 1876, §2238; Code 1886, §1900; Code 1896, §1515; Code 1907, §3824;
Code 1923, §7437; Code 1940, T. 34, §50; Code 1975, §43-5-40; Acts 1984, No. 84-258, p.
426, §1.)...
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45-37A-51.230
Section 45-37A-51.230 Service connected death benefit. Should a participant be killed in the
line of his or her duty, there may be payable to his or her spouse and child or children a
service connected death benefit which shall be determined as follows: (1) SPOUSE BENEFIT.
The surviving spouse shall receive a monthly benefit equal to 60 percent of the monthly salary
of the deceased participant and shall additionally receive an amount equal to 10 percent of
the salary for each eligible child of the deceased participant. However, in no event shall
the monthly benefit payable to the spouse hereunder exceed 75 percent of the monthly salary
of the deceased participant. (2) CHILD OR CHILDREN BENEFIT. Should there be no surviving spouse
or should the surviving spouse fail to qualify hereunder, there shall be payable to or for
the benefit of such deceased participant's child or children a monthly benefit equal to 60
percent of the deceased participant's monthly salary as provided in Section...
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6-10-43
Section 6-10-43 Effect of contest on sale of property and lien thereon. When a contest of a
claim of exemption has been instituted, the property in contest shall not be sold by the officer
until the contest is decided, but the lien thereon under the process or levy shall not be
destroyed or impaired by the pendency of the contest. (Code 1876, §2835; Code 1886, §2541;
Code 1896, §2067; Code 1907, §4194; Code 1923, §7916, Code 1940, T. 7, §659.)...
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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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