|
19-3A-102
Section 19-3A-102 Definitions. As used in this chapter, the following terms are defined as
follows: (1) ACCOUNTING PERIOD. A calendar year unless another 12-month period is selected
by a fiduciary. The term includes a portion of a calendar year or other 12-month period that
begins when an income interest begins or ends when an income interest ends. (2) BENEFICIARY.
Includes, in the case of a decedent's estate, an heir, legatee, and devisee and, in the case
of a trust, an income beneficiary and a remainder beneficiary. (3) FIDUCIARY. A personal representative
or a trustee. The term includes an executor, administrator, successor personal representative,
special administrator, and a person performing substantially the same function. (4) INCOME.
Money or property that a fiduciary receives as current return from a principal asset. The
term also includes a portion of receipts from a sale, exchange, or liquidation of a principal
asset, to the extent provided in Article 4. (5) INCOME...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3A-102.htm - 4K - Match Info - Similar pages
19-3D-3
Section 19-3D-3 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. SCOPE. (a) Except as
otherwise provided in subsections (b) and (c), this chapter applies to an express trust that
is irrevocable, or revocable by the settlor only with the consent of the trustee or a person
holding an adverse interest. (b) This chapter does not apply to a trust held solely for charitable
purposes. (c) Subject to Section 19-3D-15, a trust instrument may restrict or prohibit exercise
of the decanting power. (d) This chapter does not limit the power of a trustee, powerholder,
or other person to distribute or appoint property in further trust or to modify a trust under
the trust instrument, laws of this state other than this chapter, common law, a court order,
or a nonjudicial settlement agreement. (e) This chapter does not affect the ability of a settlor
to provide in a trust instrument for the distribution...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3D-3.htm - 1K - Match Info - Similar pages
26-2A-130
Section 26-2A-130 Protective proceedings. (a) Upon petition and after notice and hearing in
accordance with the provisions of this division, the court may appoint a conservator or make
any other protective order for cause as provided in this section. (b) Appointment of a conservator
or other protective order may be made in relation to the estate and affairs of a minor if
the court determines that a minor owns funds or property requiring management or protection
that cannot otherwise be provided or has or may have business affairs that may be jeopardized
or prevented by minority, or that funds are needed for health, support, education, or maintenance
and that protection is necessary or desirable to obtain or provide funds. (c) Appointment
of a conservator or other protective order may be made in relation to the estate and affairs
of a person if the court determines that (i) the person is unable to manage property and business
affairs effectively for such reasons as mental illness,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-130.htm - 1K - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-8-45.htm - 1K - Match Info - Similar pages
28-4-273
Section 28-4-273 Forfeiture and condemnation proceedings generally - Conduct of hearing or
trial generally; entry of judgment of forfeiture and delivery of liquors and beverages to
Alcoholic Beverage Control Board generally; destruction of nonfederal tax-paid liquors and
beverages; disposition of funds paid into court by Alcoholic Beverage Control Board. If no
party appears to make a claim at the time specified in the notice or if no verified answer
controverting the allegations of the complaint and the grounds for issuance of the search
warrant is interposed, the judge shall proceed to hear the testimony in support thereof. If
it is established upon the hearing before said judge or upon the trial of the action, if issue
be joined, that the liquors so seized are kept, stored or deposited for the purpose of unlawful
sale or other disposition or for furnishing or distribution within this state or if it appears
that the complainant has established a ground for the issuance of such search...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-273.htm - 2K - Match Info - Similar pages
35-9-60
Section 35-9-60 Lien declared. The landlord of any storehouse or other building shall have
a lien on the goods, furniture, and effects belonging to the tenant, and subtenant, for rent,
which shall be superior to all other liens, except those for taxes, and except as otherwise
provided in Section 7-9A-333. In case the tenant or subtenant is adjudged a bankrupt, such
lien on such goods, furniture, and effects of the bankrupt shall, as against the trustee in
bankruptcy, attach only for unpaid rent accrued and which shall accrue within six months from
the date of adjudication computed pro rata at the then current rate. The lien amount accrued
and to accrue shall not be increased by reason of any default or breach of contract by the
bankrupt. From the amount of such lien, so computed, the trustee in bankruptcy may deduct
all payments and all demands which could be legally set up against the landlord by way of
counterclaim. If the trustee in bankruptcy shall dispose of the lease as an asset...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9-60.htm - 1K - Match Info - Similar pages
43-8-1
Section 43-8-1 General definitions. Subject to additional definitions contained in the subsequent
articles which are applicable to specific articles or divisions, and unless the context otherwise
requires, in this chapter, the following words shall have the following meanings: (1) BENEFICIARY.
As it relates to trust beneficiaries, includes a person who has any present or future interest,
vested or contingent, and also includes the owner of an interest by assignment or other transfer
and as it relates to a charitable trust, includes any person entitled to enforce the trust.
(2) CHILD. Includes any individual entitled to take as a child under this chapter by intestate
succession from the parent whose relationship is involved and excludes any person who is only
a stepchild, a foster child, a grandchild or any more remote descendant. (3) COURT. The court
having jurisdiction in matters relating to the affairs of decedents. This court in Alabama
is known as the probate court. (4) DAYS. That...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-1.htm - 8K - Match Info - Similar pages
6-6-568
Section 6-6-568 Intervention. Any person may, during the pendency of proceedings under this
division, and at any time before the entry of the final judgment hereunder, intervene in said
action and file a claim therein, and propound his title to the property described in the complaint
or to the interest therein sought to be established. (Acts 1923, No. 526, p. 699; Code 1923,
§9924; Code 1940, T. 7, §1128; Acts 1951, No. 882, p. 1521, §8.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-568.htm - 759 bytes - Match Info - Similar pages
25-4-9
Section 25-4-9 Employing unit. "Employing unit," as used in this chapter, means any
individual or type of organization, including any partnership, association, trust estate,
joint stock company or corporation, whether domestic or foreign, or the receiver, trustee
in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person,
which has, or subsequent to January 1, 1935, had in its employ one or more individuals performing
services for it within this state. All individuals performing services within this state for
any employing unit which maintains two or more separate establishments within this state shall
be deemed to be employed by a single employing unit for all the purposes of this chapter.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §183.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-9.htm - 1K - Match Info - Similar pages
27-17A-47
Section 27-17A-47 Establishment and management of endowment care fund. (a) Every cemetery authority
operating an endowment care cemetery shall establish an endowment care fund which shall be
placed with and held by a bank, trust company, savings and loan association, or other financial
institution authorized to provide trust services under Title 5, as amended, or under the applicable
laws of the United States or any other state, or a board of trustees, consisting of at least
three members, who shall reside in the State of Alabama, one of whom is engaged in outside
cemetery management, and each of whom shall be bonded to honestly perform the duties of trustee
under a formal trust agreement. (b) Except as specifically provided in this subsection, commencing
on July 1, 2014, a person serving on a board of trustees or cemetery authority may not also
serve as a trustee of an endowment care fund for the cemetery authority. A board of trustees
in existence on July 1, 2014, may continue to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-47.htm - 3K - Match Info - Similar pages
|