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35-12-84
Section 35-12-84 Filing of a claim - intestate and small claims. (a) The surviving spouse or,
if none, the surviving child or children or, if none, the surviving parent or parents of an
abandoned property owner who has died intestate may claim the abandoned property under this
section, and will have a defeasible right to the property, if all of the following conditions
exist: (1) The aggregate value of the abandoned property held on behalf of the owner, as established
by rule, must not exceed the amount allowed in Section 43-2-692. (2) The claim need not be
accompanied by an order of a probate court if the claimant files documentation established
in the rules, including, but not limited to, a. a written confirmation by the probate court
that no estate has been opened or filed; b. an affidavit, signed by all beneficiaries, as
applicable, stating that all beneficiaries have amicably agreed among themselves upon a division
of the property; c. supporting documentation showing heir rights;...
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43-8-72
Section 43-8-72 Waiver of right to elect and of other rights. The right of election of a surviving
spouse and the rights of the surviving spouse to homestead allowance, exempt property and
family allowance, or any of them, may be waived, wholly or partially, before or after marriage,
by a written contract, agreement, or a waiver signed by the party waiving after fair disclosure.
Unless it provides to the contrary, a waiver of "all rights" (or equivalent language)
in the property or estate of a present or prospective spouse or a complete property settlement
entered into after or in anticipation of separation or divorce is a waiver of all rights to
elective share, homestead allowance, exempt property and family allowance by each spouse in
the property of the other at death and a renunciation by each of all benefits which would
otherwise pass to him from the other by intestate succession or by virtue of the provisions
of any will executed before the waiver or property settlement. (Acts...
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43-8-111
Section 43-8-111 Exempt property. If the decedent was domiciled in this state at the time of
death the surviving spouse is entitled to receive, in addition to the homestead allowance,
property of a value not exceeding seven thousand five hundred dollars ($7,500) in excess of
any security interests therein in household furniture, automobiles, furnishings, appliances
and personal effects. If there is no surviving spouse, children of the decedent are entitled
jointly to the same value. If encumbered chattels are selected and if the value in excess
of security interests, plus that of other exempt property, is less than seven thousand five
hundred dollars ($7,500), or if there is not seven thousand five hundred dollars ($7,500)
worth of exempt property in the estate, the spouse or children are entitled to other assets
of the estate, if any, to the extent necessary to make up the seven thousand five hundred
dollars ($7,500) value. Rights to exempt property and assets needed to make up a...
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5-17-16
Section 5-17-16 Disposition of shares or deposit account of deceased person. Whenever a person
shall die leaving a share or deposit account in a credit union not exceeding ten thousand
dollars ($10,000), the credit union having the share or deposit account may discharge itself
from liability thereafter by paying the funds in the share or deposit account to the widow
or surviving husband of the deceased or, if there is no widow or surviving husband, to the
persons having the actual custody or 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 a bond in the penal sum of double the amount of such deposit for the faithful
accounting of the money so received, which shall be approved by the probate judge, or, if
there is no minor child or children, to the person or persons who under the laws of Alabama
are the heirs and inherit the personal property of the deceased. No such payment is...
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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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25-5-66
Section 25-5-66 Disposition of compensation upon remarriage of widow of employee who has another
dependent. THIS SECTION WAS AMENDED BY ACT 2019-445 IN THE 2019 REGULAR SESSION, EFFECTIVE
SEPTEMBER 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) In case of the remarriage
of the surviving spouse of an employee who has another dependent, the unpaid balance of compensation,
which would otherwise become due, shall be paid to the dependent or may, on approval by the
court, be paid to some suitable person designated by the court for the use and benefit of
the dependent. Payment to that person shall discharge the employer from any further liability.
(b) Subsection (a) does not apply to the surviving spouse of a law enforcement officer or
firefighter who dies on or after January 1, 2018, as a result of injuries received while engaged
in the performance of his or her duties. (Code 1923, §7555; Acts 1939, No. 661, p. 1036,
§4; Code 1940, T. 26, §284; Acts 1992, No. 92-537, p. 1082,...
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43-8-113
Section 43-8-113 Source, determination and documentation of exempt property and allowances;
petition for relief by personal representative or interested person. If the estate is otherwise
sufficient, property specifically devised is not used to satisfy rights to homestead and exempt
property. Subject to this restriction, the surviving spouse, the guardians of the minor children,
or children who are adults may select property of the estate as homestead allowance and exempt
property. The personal representative may make these selections if the surviving spouse, the
children or the guardians of the minor children are unable or fail to do so within a reasonable
time or if there are no guardians of the minor children. The personal representative may execute
an instrument or deed of distribution to establish the ownership of property taken as homestead
allowance or exempt property. He or she may determine the family allowance in a lump sum not
exceeding fifteen thousand dollars ($15,000) or...
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40-29-24
Section 40-29-24 Surrender of property subject to levy; "person" defined. (a) Requirement.
Except as otherwise provided in subsection (b), any person in possession of (or obligated
with respect to) property or rights to property subject to levy upon which a levy has been
made shall, upon demand of the Commissioner of Revenue or his delegate, surrender such property
or rights (or discharge such obligation) to the Commissioner of Revenue or his delegate, except
such part of the property or rights as is, at the time of such demand, subject to an attachment
or execution under any judicial process. (b) Enforcement of levy. (1) EXTENT OF PERSONAL LIABILITY.
Any person who fails or refuses to surrender any property or rights to property, subject to
levy, upon demand by the Commissioner of Revenue, shall be liable in his own person and estate
to the State of Alabama in a sum equal to the value of the property or rights not so surrendered,
but not exceeding the amount of taxes for the...
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43-2-830
Section 43-2-830 Devolution of estate at death; restrictions. (a) Upon the death of a person,
decedent's real property devolves to the persons to whom it is devised by decedent's last
will or to those indicated as substitutes for them in cases involving lapse, renunciation,
or other circumstances affecting the devolution of a testate estate, or in the absence of
testamentary disposition, to decedent's heirs, or to those indicated as substitutes for them
in cases involving renunciation or other circumstances affecting devolution of intestate estates.
(b) Decedent's personal property devolves to the personal representative to be distributed
to: (1) Those persons to whom it is devised by the testator's last will or to those indicated
as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting
the devolution of a testate estate; or (2) In the absence of testamentary disposition, to
decedent's heirs, or to those indicated as substitutes for them in cases...
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41-10-727
Section 41-10-727 Definitions. As used in this division, the following words shall have the
following meanings: (1) DEPARTMENT. The Department of Revenue. (2) EMPLOYEE. An employee,
as defined in the Internal Revenue Code, as amended from time to time; except that any individual
providing services to an employer on an hourly, part-time, full-time, salaried, or contractual
basis shall be considered an employee for purposes of this division. (3) EMPLOYER. An employer,
as defined in the Internal Revenue Code, as amended from time to time, that is either a general
contractor or subcontractor that primarily holds itself out for hire to the general public
as a general contractor or subcontractor and who receives more than five percent of its annual
gross revenue from business described in either North American Industry Classification System
(NAICS) Code 236, 237, or 238 of the United States Department of Commerce in effect as of
January 1, 2009. This definition does not apply to or include...
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