|
6-10-67
Section 6-10-67 Right to use of property before such set apart and to commence or defend actions
thereon. Before grant of administration and before the exempt property is set apart, the right
of the surviving spouse and minor child or children, or either, to the use and benefit of
such property shall be the same as if it had been set apart as exempt; and actions respecting
the same may be commenced or defended by the surviving spouse or, if there is no surviving
spouse, by the minor child, or children, as fully and to the same extent as if such property
had been set apart as exempt from administration. (Code 1886, §2564; Code 1896, §2076; Code
1907, §4203; Code 1923, §7925; Code 1940, T. 7, §668.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-67.htm - 1K - Match Info - Similar pages
6-10-84
Section 6-10-84 Proceedings on failure of appraisers to set apart exemptions or to appraise
homestead. If, for more than 20 days after the grant of administration, the appraisers should
fail to set apart the personal property exempt in favor of the surviving spouse and
minor child or children, or either, or to appraise the homestead or to make the report in
reference to the homestead required in Section 6-10-82, then, upon the written application
of the surviving spouse or of the guardian of the minor child or children, the probate court
shall appoint three commissioners who shall, as soon as practicable thereafter not exceeding
30 days, set apart the personal property exempt and appraise the homestead in the manner
required of the appraisers; and, if practicable, they shall also allot and set off the homestead
exemption in the manner provided in Section 6-10-83. Within 10 days thereafter they shall
report to the court in writing the personal property set apart, with the value of each...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-84.htm - 1K - Match Info - Similar pages
6-10-101
Section 6-10-101 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Vesting of title to real property in surviving spouse
and minors and right to possession thereof. If no exceptions are filed and sustained to such
report of the commissioners setting apart the homestead exemption, the title to the real property
so set aside shall vest in the surviving spouse and minors, share and share alike, but only
during the life of the surviving spouse and minority of the children. If all the real property
left by the decedent in this state does not exceed in area and value the homestead allowed
by law as exempt, title to all such real property shall vest absolutely in the surviving spouse,
the children (minors and adults) and the descendants of deceased children, or, if there is
no surviving spouse, in the children and the descendants of deceased children, or, if there
are no children or descendants of deceased children, in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-101.htm - 2K - Match Info - Similar pages
6-10-100
Section 6-10-100 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Generally. (a) When the property, real or personal,
owned by a decedent at the time of his death does not exceed in amount and value the exemption
allowed in favor of his or her surviving spouse and minor child or children, or either, and
no administration is granted on his estate within 60 days after his death, the probate court
of the county in which he resided at the time of his death, upon the application of the surviving
spouse or, if there is no surviving spouse or he or she does not act, upon the application
of a suitable person who shall be appointed by the judge of probate as the next friend of
such minor child or children, verified by oath and setting forth such facts, as well as the
names, condition, and residence, if known, of the heirs of the decedent other than the minor
children of the decedent, must appoint two commissioners, who shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-100.htm - 2K - Match Info - Similar pages
6-10-81
Section 6-10-81 Appraisers - Duty to set apart exempt personal property; return of report.
The appraisers, as early as practicable, shall set apart the exempt personal property,
having regard, as far as consistent with their duties, to the selection made by the surviving
spouse or the guardian of the minor child or children, if such selection is made; estimating
it at its appraised value and permitting the surviving spouse or, if there is no surviving
spouse or the surviving spouse fails to act, the guardian of the minor child or children to
select the same. Within 10 days thereafter, the appraisers shall return with the inventory
and appraisement a report of the property so set apart, showing each item thereof and its
appraised value. (Code 1886, §2549; Code 1896, §2079; Code 1907, §4206; Code 1923, §7928;
Code 1940, T. 7, §671; Acts 1982, No. 82-399, p. 578, §8-102.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-81.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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-107.htm - 1K - Match Info - Similar pages
6-10-83
Section 6-10-83 Proceedings to set apart homestead when same exceeds value allowed. When it
appears from the report of the appraisers that the homestead exceeds in value $6,000, the
probate court shall forthwith appoint three commissioners, who shall, as soon as practicable
not exceeding 30 days after their appointment, set off and allot the homestead exempt, having
regard to both the quality and value of the property and to the selection of the surviving
spouse or, if there is no surviving spouse or the surviving spouse fails to act, of the guardian
of the minor child or children, if there is such guardian; and, within 10 days thereafter,
the commissioners shall return to the court in writing the homestead set off and allotted
by them. (Code 1886, §2551; Code 1896, §2081; Code 1907, §4208; Code 1923, §7930; Code
1940, T. 7, §673; Acts 1951, No. 911, p. 1558, §1; Acts 1982, No. 82-399, p. 578, §8-102.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-83.htm - 1K - Match Info - Similar pages
6-10-80
Section 6-10-80 Appraisers - Issuance of commission. When a decedent, who was at the time of
his or her death a resident of this state, leaves surviving him a spouse and minor child or
children, or either, who are bona fide residents of this state, the probate court, at the
time of appointing appraisers of the estate, shall issue a commission to them, stating the
names of the surviving spouse and minor child or children, or either, as the case may be,
and the nature and extent of the personal property exempt in their favor, and directing
the appraisers to set apart the same. (Code 1876, §2825; Code 1886, §2548; Code 1896, §2078;
Code 1907, §4205; Code 1923, §7927; Code 1940, T. 7, §670.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-80.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-505.htm - 4K - Match Info - Similar pages
43-8-112
Section 43-8-112 Family allowance. In addition to the right to homestead allowance and exempt
property, if the decedent was domiciled in this state, the surviving spouse and minor children
whom the decedent was obligated to support and children who were in fact being supported by
him are entitled to a reasonable allowance in money out of the estate for their maintenance
during the period of administration, which allowance may not continue for longer than one
year if the estate is inadequate to discharge allowed claims. The allowance may be paid as
a lump sum or in periodic installments. It is payable to the surviving spouse, if living,
for the use of the surviving spouse and minor and dependent children; otherwise to the children,
or persons having their care and custody; but in case any minor child or dependent child is
not living with the surviving spouse, the allowance may be made partially to the child or
his guardian or other person having his care and custody, and partially to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-112.htm - 1K - Match Info - Similar pages
|