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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...
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19-3B-305
Section 19-3B-305 Appointment of representative. (a) If the court determines that an interest
is not represented under this article, or that the otherwise available representation might
be inadequate, then the court may appoint a guardian ad litem or other representative to receive
notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated,
or unborn individual, or a person whose identity or location is unknown. (b) A guardian ad
litem or other representative may act on behalf of the individual represented with respect
to any matter arising under this chapter, whether or not a judicial proceeding concerning
the trust is pending. (c) In making decisions, a guardian ad litem or other representative
may consider general benefit accruing to the living members of the individual's family. (d)
A guardian ad litem or other representative may be appointed to represent several persons
or interests. (Act 2006-216, p. 314, §1.)...
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35-4-323
Section 35-4-323 Application to compel conveyance - Notice to guardians of minor heirs. In
all cases in which minor heirs are interested in such application, notice thereof must be
given to the guardian; and, if there is no guardian, the judge must appoint a guardian ad
litem to protect their interest. (Code 1852, §1348; Code 1867, §1618; Code 1876, §2227;
Code 1886, §1874; Code 1896, §1072; Code 1907, §3444; Code 1923, §6949; Code 1940, T.
47, §39.)...
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43-2-448
Section 43-2-448 Duties and compensation of guardian ad litem and special guardian. The person
appointed to represent minors, or persons of unsound mind, or unknown parties, must deny in
writing the allegations contained in the application, and, if necessary, must employ counsel
to defend the interests of those he represents. He is entitled to reasonable compensation,
to be fixed by the court, and taxed and collected as costs. (Code 1867, §2224; Code 1876,
§2454; Code 1886, §2110; Code 1896, §163; Code 1907, §2627; Code 1923, §5856; Code 1940,
T. 61, §251.)...
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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...
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26-2-27
Section 26-2-27 Appointment of sheriff as guardian. If no fit person is appointed and qualifies
as guardian of a minor and there be no general guardian for the county, the sheriff must be
appointed guardian and the guardianship attaches to the office of sheriff. (Code 1852, §2017;
Code 1867, §2416; Code 1876, §2767; Code 1886, §2377; Code 1896, §2254; Code 1907, §4344;
Code 1923, §8101; Code 1940, T. 21, §8.)...
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26-2A-6
Section 26-2A-6 Facility of payment or delivery; notice of payment. (a) Any person under a
duty to pay or deliver money or personal property to a minor may perform the duty, in amounts
as provided in this subsection, by paying or delivering the money or personal property to:
(1) Any person having the care and custody of the minor and with whom the minor resides; (2)
A guardian of the minor; or (3) The judge of probate of the county in which the minor resides,
if a resident of this state, or, if a nonresident, to the judge of probate or like officer
of the county in which the debtor or creditor resides. Payments under this subsection must
not exceed $5,000 if paid in a single payment, or $3,000 a year if paid in a series of payments,
and payments, by any person other than a conservator or judge, must not exceed a maximum of
$25,000 during the minority of the minor ward. The person obligated to make payment is discharged
of that duty or obligation by making the payment or delivery and...
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5-5A-38
Section 5-5A-38 Disposition of small deposits of deceased person - To whom payable; when bond
required. Whenever a person shall die leaving deposits in a bank not exceeding $5,000.00 in
the aggregate, the bank may in its discretion discharge itself from liability thereafter by
paying the deposits to the surviving spouse of the deceased or, if there is none, to the adult
children and to the person having the actual custody and control of the minor child or children
of the deceased; provided, that such person, if not the legal guardian, shall execute to the
probate judge of the county where the principal office of the bank is located a bond in the
penal sum of double the amount of the portion of such deposit he receives for the faithful
accounting of the money so received, which shall be approved by said probate judge; or, if
there is no surviving spouse or child or children, to the person or persons who, under the
laws of Alabama, are the next of kin and inherit the personal property of...
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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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6-10-83
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.)...
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