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6-10-2
Section 6-10-2 Homestead exemption - Amount; area. The homestead of every resident of this
state, with the improvements and appurtenances, not exceeding in value fifteen thousand dollars
($15,000) and in area 160 acres, shall be, to the extent of any interest he or she may have
therein, whether a fee or less estate or whether held in common or in severalty, exempt from
levy and sale under execution or other process for the collection of debts during his or her
life and occupancy and, if he or she leaves surviving him or her a spouse and a minor child,
or children, or either, during the life of the surviving spouse and minority of the child,
or children, but the area of the homestead shall not be enlarged by reason of any encumbrance
thereon or of the character of the estate or interest owned therein by him or her. When a
husband and wife jointly own a homestead each is entitled to claim separately the exemption
provided herein, to the same extent and value as an unmarried individual....
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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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25-5-57
Section 25-5-57 Compensation for disability. (a) Compensation schedule. Following is the schedule
of compensation: (1) TEMPORARY TOTAL DISABILITY. For injury producing temporary total disability,
the compensation shall be 66 2/3 percent of the average weekly earnings received at the time
of injury, subject to a maximum and minimum weekly compensation as stated in Section 25-5-68,
but if at the time of injury the employee received average weekly earnings of less than the
minimum stated in Section 25-5-68, then he or she shall receive the full amount of the average
weekly earnings per week. This compensation shall be paid during the time of the disability,
but at the time as a temporary total disability shall become permanent, compensation for the
continued total disability shall be governed by (a)(4) of this section with respect to permanent
total disability. Payments are to be made at the intervals when the earnings were payable,
as nearly as may be, unless the parties otherwise agree....
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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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6-10-94
Section 6-10-94 Reduced homestead incapable of allotment - Possession by surviving spouse and
minor children until sold, etc. When the homestead, after being reduced to its lowest practicable
area, still exceeds $6,000 in value and no exemption in lieu of homestead has been obtained,
the surviving spouse and minor child or children, or either, may retain the possession of
the homestead as thus reduced, free from the payment of rent, until the same shall be sold
or there is a division of the lands of the decedent; and in the event of a sale of such homestead
in the course of administration, it shall be sold separately from the other lands of the decedent,
if there be other. (Code 1896, §2092; Code 1907, §4219; Code 1923, §7942; Code 1940, T.
7, §685; Acts 1951, No. 911, p. 1558, §1.)...
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6-10-87
Section 6-10-87 Report of appraisers or commissioners - Notice to next of kin of decedent of
date set for hearing of report on exemptions. In all cases where exemptions of real or personal
property have been reported by appraisers or commissioners to the surviving spouse and minor
child or children, or either, it shall be the duty of the probate judge, immediately upon
the filing of the report of such appraisers or commissioners, to give 10 days' notice thereof
and of the day set for the hearing of said report to the next of kin of decedent, which date
of hearing shall not be less than 30 days from the filing of said report. If any of said next
of kin are nonresidents of the state, said notice shall be given by publication once a week
for three successive weeks in some newspaper published in the county or, if none is published
in the county, by posting such notice for said length of time at the courthouse door and three
other public places in the county. (Code 1923, §7934; Code 1940,...
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43-8-165
Section 43-8-165 Notice to surviving spouse and next of kin - Minors. If any of the next of
kin are minors, such notice may be served as provided by the Alabama Rules of Civil Procedure;
and in addition to the service above provided for minors, the court must appoint a guardian
ad litem who is disinterested and who shall be an attorney-at-law and who does not represent
any party having an interest adverse to such minors; and notice shall issue to such guardian
ad litem. Such guardian shall accept service and agree to represent the minors in the proof
and probate of the will, and if he fail to accept service and agree to appear for the minors
within 10 days after service, the court appoint another guardian ad litem, upon whom notice
must be served, and he must agree to accept service and represent the minors as is provided
in the first instance, and the will must not be probated until a guardian ad litem has agreed
to accept the appointment and to represent the minors in the proof and...
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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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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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19-3B-505
Section 19-3B-505 Creditor's claim against settlor. (a) Whether or not the terms of a trust
contain a spendthrift provision, the following rules apply: (1) During the lifetime of the
settlor, the property of a revocable trust is subject to claims of the settlor's creditors.
(2) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach
the maximum amount that can be distributed to or for the settlor's benefit. If a trust has
more than one settlor, then the amount the creditor or assignee of a particular settlor may
reach may not exceed the settlor's interest in the portion of the trust attributable to that
settlor's contribution. (3) After the death of a settlor, and subject to the settlor's right
to direct the source from which liabilities will be paid, the property of a trust that was
revocable immediately prior to the settlor's death is subject to claims of the settlor's creditors,
costs of administration of the settlor's estate, the expenses of the...
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