43-2-694
Section 43-2-694 Transfer of property or evidence of rights therein to surviving spouse or
distributees. Upon delivering a copy of the judge's order for summary distribution or an affidavit
executed by any person having knowledge of the fact and alleging the concurrence of the conditions
listed in subsection (b) of section 43-2-692 showing the defeasible right therein, together
with a copy of the decedent's will if the claim is under such will, such spouse or distributee
shall be entitled to have the decedent's property or the evidence of the decedent's ownership
in such property transferred to him by any person owing any money to the decedent's estate,
having custody of any personal property of the decedent or acting as a registrar or transfer
agent of any evidence of interest, indebtedness, property or right of the deceased therein.
(Acts 1975, 3rd Ex. Sess., No. 145, §5.)...
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43-8-70
Section 43-8-70 Right of surviving spouse to elective share. (a) If a married person domiciled
in this state dies, the surviving spouse has a right of election to take an elective share
of the estate. The elective share shall be the lesser of: (1) All of the estate of the deceased
reduced by the value of the surviving spouse's separate estate; or (2) One-third of the estate
of the deceased. (b) The "separate estate" of the surviving spouse shall include:
(1) All property which immediately after the death of the decedent is owned by the spouse
outright or in fee simple absolute; (2) All legal and equitable interests in property the
possession or enjoyment of which are acquired only by surviving the decedent; and (3) All
income and other beneficial interests: a. Under a trust; b. In proceeds of insurance on the
life of the decedent; and c. Under any broad-based nondiscriminatory pension, profit-sharing,
stock bonus, deferred compensation, disability, death benefit or other such plan...
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35-10-71
Section 35-10-71 Initiation of foreclosure proceedings against surviving spouse or estate of
certain mortgagors. (a) A mortgagee shall not initiate a foreclosure proceeding pursuant to
this chapter against the surviving spouse or the estate of a mortgagor who is a service member
who dies while deployed overseas on active duty military service for at least 180 days following
the death of the service member; provided that the surviving spouse or the estate gives the
mortgagee written notice identifying the service member, stating that the service member died
while being deployed overseas, describing the mortgage or the property subject to the mortgage
and the debt, providing a telephone number or other means to communicate with the surviving
spouse or the estate, and asking that foreclosure be delayed for six months. No particular
phrasing of the notice shall be required. (b) A mortgagee shall not, individually or acting
through another person, foreclose, sell, or attempt to foreclose or...
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43-8-164
Section 43-8-164 Notice to surviving spouse and next of kin - Generally. Whenever an application
is made to prove a will in this state, at least 10 days' notice must be given to the surviving
spouse and next of kin, or either of them, residing and being within the state, before such
application is heard. (Code 1852, §1632; Code 1867, §1951; Code 1876, §2315; Code 1886,
§1987; Code 1896, §4284; Code 1907, §6193; Code 1923, §10622; Code 1940, T. 61, §48,
Code 1975, §43-1-41.)...
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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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45-37A-51.233
Section 45-37A-51.233 Death prior to retirement; return of contributions. In the event a participant
shall die prior to retirement and without a surviving spouse or children eligible for benefits
hereunder, there shall be payable to the severance beneficiary, as defined in Section 45-37A-51.236,
in an amount equal to the participant's total contributions to the system, without interest,
less an amount, equal to one-half the total of all disability retirement benefits paid to
the deceased participant prior to his or her death, if any, to participant's severance beneficiary.
(Act 2006-339, p. 851, Art. VI, §15.)...
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19-5-5
Section 19-5-5 Division of trust with more than one beneficiary or class thereof for GST purposes
into separate share trusts to effectuate allocation of grantor's, decedent's, or surviving
spouse's GST exemption. When a grantor or decedent transfers property into a trust which has,
or which pours into another trust which has, more than one beneficiary or class of beneficiaries
for GST purposes, and when the grantor or fiduciary allocates the grantor's or decedent's
GST exemption for the benefit of one or more, but less than all, beneficiaries or classes
of beneficiaries of such trust, or when the surviving spouse of the grantor or decedent, or
such surviving spouse's fiduciary, allocates the surviving spouse's GST exemption for the
benefit of one or more, but less than all, beneficiaries or classes of beneficiaries of such
trust, and when the instrument creating the trust does not specifically prohibit a fiduciary
from dividing such trust into separate share trusts, a fiduciary shall...
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30-4-17
Section 30-4-17 Revocation of certain transferable interests in property upon divorce or annulment.
(a) In this section, the following terms have the following meanings: (1) DISPOSITION OR APPOINTMENT
OF PROPERTY. Includes a transfer of an item of property or any other benefit to a beneficiary
designated in a governing instrument. (2) DIVORCE or ANNULMENT. Any divorce or annulment,
or any dissolution or declaration of invalidity of a marriage, that would exclude the spouse
as a surviving spouse within the meaning of Section 43-8-252. A decree of separation that
does not terminate the status of husband and wife is not a divorce for purposes of this section.
(3) DIVORCED INDIVIDUAL. An individual whose marriage has been terminated by divorce or annulment.
(4) GOVERNING INSTRUMENT. An instrument executed by the divorced individual before the divorce
or annulment of his or her marriage to his or her former spouse. (5) RELATIVE OF THE DIVORCED
INDIVIDUAL'S FORMER SPOUSE. An individual who...
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43-2-695
Section 43-2-695 Limitation on defeasible rights of surviving spouse or distributees. The defeasible
right of the surviving spouse or distributees provided for by this division shall be subject
only to any preexisting rights to administer the estate or probate the will, or to the superior
rights of any other person to such personal property. (Acts 1975, 3rd Ex. Sess., No. 145,
§6.)...
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43-8-166
Section 43-8-166 Notice to surviving spouse and next of kin - Persons outside state. If either
the surviving spouse or next of kin reside and are without the state, notice of such application
must be given by publication once a week for three successive weeks in a newspaper published
in the county in which such application is made, and if no paper is published therein, by
posting of the same at the courthouse three weeks before such application is heard. In lieu
of the notice herein provided, notice may be had on such persons as provided by the Alabama
Rules of Civil Procedure. (Code 1852, §1633; Code 1867, §1952; Code 1876, §2316; Code 1886,
§1988; Code 1896, §4286; Code 1907, §6195; Code 1923, §10624; Code 1940, T. 61, §50;
Code 1975, §43-1-43.)...
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