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6-2-9
Section 6-2-9 Suspension of limitation - Claims against estates. Where a claim against
the estate of a decedent has been duly presented, the limitation for the commencement of an
action thereon is suspended until the personal representative, heir, or devisee of such decedent
shall, by notice in writing, dispute the validity of such claim in whole or in part. (Code
1896, §2817; Code 1907, §4856; Code 1923, §8970; Acts 1939, No. 517, p. 806; Code 1940,
T. 7, §30.)...
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6-2-38
Section 6-2-38 Commencement of actions - Two years. (a) An action by a representative
to recover damages for wrongful act, omission, or negligence causing the death of the decedent
under Sections 6-5-391 and 6-5-410 must be commenced within two years from the death. (b)
All actions by common carriers of property subject to Chapter 3 of Title 37 for recovery of
their charges, or any part thereof, shall be begun within two years from the time the cause
of action accrues and not after. (c) For recovery of charges, action shall be begun against
common carriers of property by motor vehicles subject to this article within two years from
the time the cause of action accrues and not after, except as provided in subsection (d) of
this section; provided, that if claim for the overcharge has been presented in writing
to the carrier within the two-year period of limitation, said period shall be extended to
include six months from the time notice in writing is given by the carrier to the claimant...
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43-2-350
Section 43-2-350 Time and manner of filing claims - Generally. (a) All claims against
the estate of a decedent, held by the personal representative of the decedent or by an assignee
or transferee of the personal representative, or in which the personal representative has
an interest, whether due or to become due, must be presented within six months after the grant
of letters, or within five months from the date of the first publication of notice, whichever
is the later to occur, provided however, that any creditor entitled to actual notice as prescribed
in section 43-2-61 must be allowed thirty days after notice within which to present
the claim, by filing the claims, or statement thereof, verified by affidavit, in the office
of the judge of probate, in all respects as provided by section 43-2-352. All claims
not so presented and filed are forever barred, and the payment or allowance thereof is prohibited.
But this subsection shall not apply to claims of personal representatives to...
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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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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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22-18-50
Section 22-18-50 Enactment and text of Emergency Medical Services Personnel Licensure
Interstate Compact. The Emergency Medical Services Personnel Licensure Interstate Compact
is hereby enacted into law and entered into with all other jurisdictions legally joining therein
in form substantially as follows: SECTION 1. PURPOSE In order to protect the public
through verification of competency and ensure accountability for patient care related activities
all states license emergency medical services (EMS) personnel, such as emergency medical technicians
(EMTs), advanced EMTs and paramedics. This Compact is intended to facilitate the day to day
movement of EMS personnel across state boundaries in the performance of their EMS duties as
assigned by an appropriate authority and authorize state EMS offices to afford immediate legal
recognition to EMS personnel licensed in a member state. This Compact recognizes that states
have a vested interest in protecting the public's health and safety...
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43-2-373
Section 43-2-373 Payment of claims barred by statute of limitations. No claim against
the estate of a decedent whether in favor of the personal representative or any other person,
which was barred by the statute of limitations at the time of the death of such decedent,
shall be paid by or allowed to the personal representative, unless the payment of such claim
be expressly directed by a testator in his will. (Code 1896, §128; Code 1907, §2599; Code
1923, §5824; Code 1940, T. 61, §220.)...
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19-3-29
Section 19-3-29 Presentation of claims; verification; receipt. All claims against the
trust estate must be presented by or on the day specified in such order and notice, by filing
the claim, or a statement thereof, in the office of the register or clerk, verified as claims
against the estate of a decedent are required to be verified, before a notary public or other
officer authorized to take and certify affidavits within or beyond the state; and all claims
not so presented are precluded from sharing in the assignment or participating in any dividend
that may be made from the trust estate, until all presented and allowed claims shall have
been paid in full. But when a claim has been so presented prior to giving of such notice,
a second presentation is not necessary. Any defect or insufficiency in the affidavit may be
remedied by amendment at any time. The register or clerk must give to the creditor, his agent
or attorney a receipt for his claim, and must indorse thereon the date of...
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43-2-354
Section 43-2-354 Notice and hearing; judgment; costs; appeals. The personal representative
of the estate of a decedent may give notice in writing to the claimant or anyone having a
beneficial interest in a claim against the estate that such claim is disputed in whole or
in part; if in part, specifying the part disputed. Thereupon the judge of the court having
jurisdiction of the administration of the estate shall, on written application of either the
personal representative or the claimant, hear and pass on the validity of such claim, or part
thereof, first giving 10 days' notice of such hearing to the interested parties. If the claimant
in such proceeding shall fail to recover upon the disputed part of such claim, he shall be
taxed with the costs thereof. This section shall not apply to claims against estates
declared insolvent. If the judgment on any such claim is rendered by a probate court, either
party may, within 30 days after the rendition of such judgment, appeal to the circuit...
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