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43-8-72
Section 43-8-72 Waiver of right to elect and of other rights. The right of election of a surviving
spouse and the rights of the surviving spouse to homestead allowance, exempt property and
family allowance, or any of them, may be waived, wholly or partially, before or after marriage,
by a written contract, agreement, or a waiver signed by the party waiving after fair disclosure.
Unless it provides to the contrary, a waiver of "all rights" (or equivalent language)
in the property or estate of a present or prospective spouse or a complete property settlement
entered into after or in anticipation of separation or divorce is a waiver of all rights to
elective share, homestead allowance, exempt property and family allowance by each spouse in
the property of the other at death and a renunciation by each of all benefits which would
otherwise pass to him from the other by intestate succession or by virtue of the provisions
of any will executed before the waiver or property settlement. (Acts...
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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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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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43-8-74
Section 43-8-74 Entitlement of surviving spouse to certain benefits regardless of election.
A surviving spouse is entitled to homestead allowance, exempt property, and family allowance,
whether or not he elects to take an elective share. (Acts 1982, No. 82-399, §2-206.)...
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6-10-102
Section 6-10-102 Effect of removal from homestead. When homestead exemption has been allotted
to the surviving spouse and minor child or children, or either, under any of the provisions
of this division, they shall not be held to have abandoned or forfeited the same by a removal
therefrom. (Code 1896, §2101; Code 1907, §4228; Code 1923, §7952; Code 1940, T. 7, §698.)...
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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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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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6-10-90
Section 6-10-90 Report of appraisers or commissioners - Taxation of cost on exceptions being
filed. If the exceptions are filed by the surviving spouse or on behalf of the minor child
or children and are not sustained, the costs shall be taxed against the surviving spouse or
the next friend of the child or children, or against both if they are joined in the exceptions,
and in all other cases against the unsuccessful party. (Code 1886, §2558; Code 1896, §2088;
Code 1907, §4215; Code 1923, §7938; Code 1940, T. 7, §681.)...
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43-8-110
Section 43-8-110 Homestead allowance. (a) A surviving spouse of a decedent who was domiciled
in this state is entitled to a homestead allowance of fifteen thousand dollars ($15,000).
If there is no surviving spouse, each minor child and each dependent child of the decedent
is entitled to a homestead allowance amounting to fifteen thousand dollars ($15,000) divided
by the number of minor and dependent children of the decedent. The homestead allowance is
exempt from and has priority over all claims against the estate. Homestead allowance is in
addition to any share passing to the surviving spouse or minor or dependent child by the will
of the decedent unless otherwise provided in the will, by intestate succession or by way of
elective share. (b) The value of any constitutional right of homestead in the family home
received by a surviving spouse or child shall be charged against that spouse or child's homestead
allowance to the extent that the family home is part of the decedent's estate...
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45-37-123.106
Section 45-37-123.106 Minimum distribution requirements. (a) General rules. (1) EFFECTIVE DATE.
Except as otherwise provided herein, the provisions of this section shall apply for purposes
of determining required minimum distributions for calendar years beginning on and after January
1, 1987. (2) REQUIREMENTS OF TREASURY REGULATIONS INCORPORATED. All distributions required
under this section shall be determined and made in accordance with § 401(a)(9), Internal
Revenue Code, including the incidental death benefit requirement in § 401(a)(9)(G), and the
regulations thereunder. (3) PRECEDENCE. Subject to the joint and survivor annuity requirements
of the plan, the requirements of this section shall take precedence over any inconsistent
provisions of the plan. (b) Time and manner of distribution. (1) REQUIRED BEGINNING DATE.
The member's entire interest shall be distributed, or begin to be distributed, to the member
no later than the member's required beginning date. (2) DEATH OF MEMBER...
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