26-13-3
Section 26-13-3 Notice of filing of petition. Whenever the petition is filed by the minor and
the guardian it shall be the duty of the clerk to give notice of the filing of such petition
in some newspaper published in the county or, if no newspaper is published in such county,
then in such manner as may be prescribed by the judge. Such notice shall be given once a week
for three successive weeks before the time of hearing such petition. Whenever the petition
is filed under subdivision (1) of Section 26-13-1, a copy of the petition must be served on
the minor by the sheriff if the minor resides in this state or, if a nonresident or absent
from the state, by registered or certified mail. (Code 1876, §2737; Code 1886, §2359; Code
1896, §831; Code 1907, §4507; Code 1923, §8282; Acts 1936, Ex. Sess., No. 191, p. 225;
Code 1940, T. 27, §15.)...
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26-8-45
Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents
- When removal of person and estate of minor or ward permitted. The guardian may remove the
person or the conservator may remove the estate of a minor or ward to another state by making
a full settlement with the judge of the probate court where his or her letters were granted
of his or her conservator accounts and by procuring a transcript of the record of a court
of competent jurisdiction of such other state, certified according to the act of Congress,
showing the appointment of such person as guardian or conservator of the minor or ward, the
execution of bond by the conservator with surety for the performance of the trust. Thereupon,
the judge of probate must make an order authorizing such removal. (Code 1852, §2031; Code
1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469;
Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975,...
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31-3-3
Section 31-3-3 Payment of compensation - Manner; apportionment among dependents. The compensation
payable to surviving dependents of Alabama national guardsmen who are killed under the circumstances
prescribed in Section 31-3-2 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 Alabama national guardsman leaves
a dependent widow and no other dependents or partial dependents the total amount of the compensation
provided for by this chapter shall be paid to such widow. (2) If the deceased Alabama national
guardsman leaves a dependent widow and a dependent child or dependent children and no other
dependents or partial dependents, then the total amount of the compensation provided for by
this chapter shall be paid to such widow for the benefit of herself and such child or children.
Or, in its discretion, the awarding...
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42-2-4
Section 42-2-4 Appointment of guardian ad litem and counsel for infants and persons of unsound
mind. If the owner of the lands is an infant or is of unsound mind, the court, on the day
appointed for the hearing, must appoint a guardian ad litem to represent him, and the guardian
so appointed must file a written acceptance of the appointment, must appear and protect the
rights and interests of such infant or person of unsound mind and, if he deems it necessary,
may employ counsel to assist him. The compensation of such guardian and of his counsel must
be ascertained by the court and taxed as costs of the proceedings. (Code 1907, §2417; Code
1923, §3151; Code 1940, T. 59, §7.)...
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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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6-7-100
Section 6-7-100 Substitution pending an action - Guardian for next friend. If the action is
not for a personal injury to the ward, whether the ward is a minor or a person of unsound
mind, on the appointment of a guardian pending an action, such guardian may, on application,
be substituted for the next friend, and the action must proceed in the name of the guardian
for the use of the ward. (Code 1867, §2528; Code 1876, §2895; Code 1886, §2581; Code 1896,
§19; Code 1907, §2478; Code 1923, §5688; Code 1940, T. 7, §104.)...
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5-11A-32
Section 5-11A-32 Notice of transfer. (a) Within 30 days after the date of the transfer of the
fiduciary accounts, the transferor shall send written notice by first class mail to the last
known address (as then set forth on the records of the transferor, or if not set forth, as
may be determined by the transferor in the exercise of reasonable diligence) of the following
persons or entities: (1) For employee benefit plans, to the plan sponsors. (2) For individual
retirement accounts and retirement accounts for the self-employed, to the account owners.
(3) For agency and escrow accounts, to the principals. (4) For securities for which a transferor
bank serves as trustee, registrar, transfer agent or paying agent, to the issuers. (5) For
revocable trusts under agreement, to the settlors. (6) For irrevocable trusts under agreement,
to any co-fiduciary, to the settlor, to each current income beneficiary who is an adult, and
if a current income beneficiary is a minor, to a parent of the minor...
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26-2B-301
Section 26-2B-301 Transfer of guardianship or conservatorship to another state. (a) A guardian
or conservator appointed in this state may petition the court to transfer the guardianship
or conservatorship to another state. (b) Notice of a petition under subsection (a) must be
given to the persons that would be entitled to notice of a petition in this state for the
appointment of a guardian or conservator pursuant to Section 26-2A-103 as required by Section
26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act. (c) On the court's
own motion or on request of the guardian or conservator, the incapacitated or protected person,
or other person required to be notified of the petition, the court shall hold a hearing on
a petition filed pursuant to subsection (a). (d) The court shall issue a provisional order
granting a petition to transfer a guardianship and shall direct the guardian to petition for
guardianship in the other state if the court is satisfied that the...
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26-8-23
Section 26-8-23 Preparation, certification, and filing of record of proceedings; grant of guardianship
or conservatorship and filing of transcript thereof; removal; powers of guardian or conservator
as to recovery, receipt, etc., of property of minor or ward. If the removal authorized is
of the person and property of the minor or ward, a transcript of the record of the proceedings
must be made and certified and filed in the court of probate of the county to which the removal
is to be made. Upon the filing of such transcript, such court has jurisdiction to grant guardianship
or conservatorship of the person or conservatorship of property of the minor or ward, and
on such grant being made and a transcript thereof, duly certified, being filed in the court
of probate authorizing the removal, such removal may be made. The conservator so appointed
has full authority to demand, recover, and receive the property of the minor or ward from
and after the making of the removal. (Code 1886, §2486;...
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30-4-33
Section 30-4-33 Disposal of interest in real estate by spouse of insane person - Motion; exception
as to homestead; date for hearing; notice to insane spouse; appointment of guardian ad litem.
Whenever any such married person whose spouse is insane desires authority to sell, convey,
mortgage or otherwise dispose of real estate as if single, such married person shall file
a complaint in the circuit court, setting forth the fact that his or her spouse is insane,
that he or she desires to be authorized to sell, convey, mortgage or otherwise dispose of
real estate, not including a homestead, as if single, and that said complaint is not for the
purpose of taking advantage of or defrauding the insane spouse. Upon the filing of such complaint,
the same shall be presented to the judge of the court, who shall enter an order fixing the
day for hearing, providing that notice shall be given the insane spouse, the manner of giving
such notice and appointing a guardian ad litem to represent the...
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