43-2-133
Section 43-2-133 Succeeding executor or administrator to be made party to civil actions. When any civil action has been commenced by or against the personal representative of a decedent, the same may be prosecuted by or against any succeeding executor or administrator, who may, on motion, be made a party. (Code 1852, §1925; Code 1867, §2284; Code 1876, §2622; Code 1886, §2265; Code 1896, §333; Code 1907, §2805; Code 1923, §6044; Code 1940, T. 61, §121.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-133.htm - 800 bytes - Match Info - Similar pages
43-2-152
Section 43-2-152 Enforcement of judgment rendered against decedent before his death. When a judgment has been entered against a decedent before his death, no execution can issue thereon against his personal representative, except in the case provided for in section 6-9-62; but such judgment may be revived against his personal representative by appropriate action or motion after the lapse of six months from the grant of letters; and sections 43-2-709 and 43-2-810 through 43-2-812 are applicable to such proceeding. (Code 1852, §1930; Code 1867, §2289; Code 1876, §2633; Code 1886, §2280; Code 1896, §349; Code 1907, §2816; Code 1923, §6055; Code 1940, T. 61, §132.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-152.htm - 1012 bytes - Match Info - Similar pages
43-2-747
Section 43-2-747 Objections. At any time within six months after the declaration of insolvency, the administrator or any creditor, heir, legatee, devisee or distributee may object to the allowance of any claim filed against the estate by filing objections thereto in writing; and, thereupon, the court must cause an issue to be made up between the claimant and objector, in which issue the correctness of such claim must be tried as in a civil action, if required; and, if it is found for the claimant to the whole amount thereof, the same must be allowed and such claimant recover the costs of the trial of such issue; but, if against the claimant, the claim must be rejected, and the party contesting recovers the cost of the trial of such issue. (Code 1852, §1854; Code 1867, §2203; Code 1876, §2575; Code 1886, §2245; Code 1896, §313; Code 1907, §2781; Code 1923, §6020; Acts 1931, No. 732, p. 843; Code 1940, T. 61, §407.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-747.htm - 1K - Match Info - Similar pages
6-5-20
Section 6-5-20 Presentment of claim to county commission. (a) An action must not be commenced against a county until the claim has been presented to the county commission, disallowed or reduced by the commission and the reduction refused by the claimant. (b) The failure or refusal of such a county commission to enter upon its minutes the disallowance or reduction of the claim for 90 days is a disallowance. (c) Proof of the fact of presentation of such claim to such county commission may be made by parol evidence. (Code 1852, §2141; Code 1867, §2537; Code 1876, §2903; Code 1886, §2574; Code 1896, §13; Code 1907, §2472; Code 1923, §5680; Code 1940, T. 7, §96.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-20.htm - 1K - Match Info - Similar pages
6-5-221
Section 6-5-221 Limitation on time for commencement of action. (a) All civil actions in tort, contract, or otherwise against any architect or engineer performing or furnishing the design, planning, specifications, testing, supervision, administration, or observation of any construction of any improvement on or to real property, or against builders who constructed, or performed or managed the construction of, an improvement on or to real property designed by and constructed under the supervision, administration, or observation of an architect or engineer, or designed by and constructed in accordance with the plans and specifications prepared by an architect or engineer, for the recovery of damages for: (i) Any defect or deficiency in the design, planning, specifications, testing, supervision, administration, or observation of the construction of any such improvement, or any defect or deficiency in the construction of any such improvement; or (ii) Damage to real or personal property...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-221.htm - 3K - Match Info - Similar pages
19-3-32
Section 19-3-32 Objections to claims - Filing of objections. At any time within three months after the expiration of the time allowed for the presentation of claims, or at any time prior thereto, the trustee or assignor or any creditor or party in interest may object to the allowance of any claim filed against the trust estate, by filing objections thereto in writing. (Code 1896, §4164; Code 1907, §6066; Code 1923, §10403; Code 1940, T. 58, §20.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3-32.htm - 771 bytes - Match Info - Similar pages
40-15-1
Section 40-15-1 Meaning of "executor," "administrator" or "legal representative". The terms "executor," "administrator" and "legal representative," used interchangeably in this chapter, shall be held to mean the executor or administrator or trustee or legal representative of the decedent whose estate is subject to an estate tax under this title. In the event no executor or administrator is appointed and qualified, then the term "executor" as used herein shall be held to mean any person in actual or constructive possession and acting for any estate subject to tax under this chapter. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §433.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-15-1.htm - 949 bytes - Match Info - Similar pages
43-2-374
Section 43-2-374 When executor or administrator protected in payment of debts. The payment of any debt against the estate of the executor or administrator, after six months from the grant of letters, protects him to the extent of the payment from liability on any other debt against such estate which had not been presented at the time of such payment. (Code 1852, §1790; Code 1867, §2117; Code 1876, §2494; Code 1886, §2086; Code 1896, §136; Code 1907, §2600; Code 1923, §5825; Acts 1931, No. 722, p. 839; Code 1940, T. 61, §221.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-374.htm - 874 bytes - Match Info - Similar pages
43-2-62
Section 43-2-62 Penalty for failure to give notice. It is the duty of the judge of probate to see that such publication is duly made; and any executor or administrator failing to make the same must not be allowed any compensation as such; and he and his sureties are liable, on proof that such notice has not been given, to any creditor for the amount which he would have been entitled to out of the assets of the estate had his claim been duly presented. (Code 1852, §1736; Code 1867, §2059; Code 1876, §2428; Code 1886, §2077; Code 1896, §124; Code 1907, §2588; Code 1923, §5813; Code 1940, T. 61, §95.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-62.htm - 947 bytes - Match Info - Similar pages
5-24-15
Section 5-24-15 Rights of creditors and others. (a) If other assets of the estate are insufficient, a transfer resulting from a right of survivorship or POD designation under this chapter is not effective against the estate of a deceased party to the extent needed to pay claims against the estate and statutory allowances to the surviving spouse and children. (b) A surviving party or beneficiary who receives payment from an account after death of a party is liable to account to the personal representative of the decedent for a proportionate share of the amount received to which the decedent, immediately before death, was beneficially entitled under Section 5-24-11, to the extent necessary to discharge the claims and allowances described in subsection (a) remaining unpaid after application of the decedent's estate. A proceeding to assert the liability may not be commenced unless the personal representative has received a written demand by the surviving spouse, a creditor, a child, or a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-24-15.htm - 2K - Match Info - Similar pages
|