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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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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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43-2-835
Section 43-2-835 Duty of personal representative; inventory and appraisement. (a) Within two
months after appointment, a personal representative, who is not a special administrator or
a successor to another representative who has previously discharged this duty, shall file
an inventory of property owned by the decedent at the time of death, listing it with reasonable
detail, and indicating as to each listed item, its fair market value as of the date of the
decedent's death, and the type and amount of any encumbrance that may exist with reference
to any item. (b) The personal representative shall send a copy of the inventory to interested
persons who request it. If the testator, by express provision in the will to that effect,
exempts the personal representative from filing an inventory, the personal representative
shall not be required to file the initial inventory, or any supplement thereto, with the court,
unless in the opinion of the court, the estate is likely to be wasted, to the...
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43-8-115
Section 43-8-115 Discharge of debtor from liability for wages, etc., owed intestate former
employee of another; status of funds paid under this section. (a) Whenever an employee of
another shall die intestate and there shall be due him or her any sum as wages or salary the
debtor may discharge himself or herself from liability therefor by paying such amount to the
surviving spouse of the deceased employee or, if there is no surviving spouse to the person
having the legal custody and control of his or her minor child or children, or either as the
case may be, who may commence an action for and recover the same as part of the property or
allowance exempted to them. (b) Any sums paid in accordance with subsection (a) shall be considered
as part of the exempt property, as defined in Section 43-8-111; and, if the sums exceed seven
thousand five hundred dollars ($7,500) the excess shall be considered part of the family allowance,
as defined in Section 43-8-112. (Acts 1984, 1st Ex. Sess., No....
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45-37A-51.11
Section 45-37A-51.11 Death benefit for spouses and children not receiving certain benefits.
(a) The words, terms, and phrases used in this section shall have the meaning ascribed to
them by Act 929, or Section 45-37A-51.07, unless it appears from the context that a different
meaning is intended. (b)(1) This section shall not apply to any firefighter or police officer,
or to his or her spouse, child, or children, unless at the time of his or her death he or
she had accumulated at least five years' credited service under Act 929. This section shall
not apply to any firefighter or police officer who has not executed within the time hereinafter
specified an instrument which shall provide that in the event of his or her death the board
of managers of this supplemental pension system shall receive the return of any contributions
made by him or her to this supplemental pension system and to the general retirement and relief
system created by Act 929, which if he or she had not executed the...
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45-49A-63
Section 45-49A-63 Definitions. As used in this part, the following words and terms shall have
meanings as follows: (1) ANNUITY STARTING DATE. The first day for which a benefit is payable
as an annuity or any other form under Section 45-49A-63.80. (2) BENEFICIARY. The person or
persons named by a member by written designation filed with the board to receive payments
under this plan after the member's death. The member may not change his or her beneficiary
after his or her annuity starting date. If no beneficiary designation is in effect at the
member's death, or if no person so designated survives the member, the member's surviving
spouse, if any, shall be deemed to be the beneficiary, otherwise the beneficiary shall be
the member's estate. (3) BOARD. The Police and Fire Pension Board as constituted under Section
45-49A-63.120, or its delegate. (4) BREAK IN SERVICE. A period of absence which would constitute
a break in the member's service under the Mobile County Personnel Board rules;...
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12-18-156
Section 12-18-156 Payments from plan; optional allowances; replacement beneficiaries. (a) Should
a member cease to be a judge or clerk except by death or by retirement under the provisions
of this article, the contributions standing to the credit of his or her individual account
in the fund shall be paid to him or her upon demand and, in addition to such payment, there
shall be paid five-tenths of the interest accumulations standing to the credit of his or her
individual account if he or she shall have not less than three but less than 16 years of membership
service, six-tenths of such interest accumulations if he or she shall have not less than 16
but less than 21 years of membership service, seven-tenths of such interest accumulations
if he or she shall have not less than 21 but less than 26 years of membership service and
eight-tenths of such interest accumulations if he or she shall have not less than 26 years
of membership service. (b) In case of the death of a member eligible for...
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30-4-17
Section 30-4-17 Revocation of certain transferable interests in property upon divorce or annulment.
(a) In this section, the following terms have the following meanings: (1) DISPOSITION OR APPOINTMENT
OF PROPERTY. Includes a transfer of an item of property or any other benefit to a beneficiary
designated in a governing instrument. (2) DIVORCE or ANNULMENT. Any divorce or annulment,
or any dissolution or declaration of invalidity of a marriage, that would exclude the spouse
as a surviving spouse within the meaning of Section 43-8-252. A decree of separation that
does not terminate the status of husband and wife is not a divorce for purposes of this section.
(3) DIVORCED INDIVIDUAL. An individual whose marriage has been terminated by divorce or annulment.
(4) GOVERNING INSTRUMENT. An instrument executed by the divorced individual before the divorce
or annulment of his or her marriage to his or her former spouse. (5) RELATIVE OF THE DIVORCED
INDIVIDUAL'S FORMER SPOUSE. An individual who...
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36-30-3
Section 36-30-3 Payment of compensation - Generally. The compensation payable to surviving
beneficiaries or dependents of peace officers, firefighters, or rescue squad members who are
killed under the circumstances prescribed in Section 36-30-2 shall be paid to the beneficiaries
designated by those peace officers, firefighters, or rescue squad members. If no beneficiaries
have been designated, or if none remain, the compensation 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 peace
officer, firefighter, or rescue squad member leaves a dependent spouse and no other dependents
or partial dependents, the total amount of the compensation provided for in Section 36-30-2
shall be paid to the surviving spouse. (2) If the deceased peace officer, firefighter, or
rescue squad member leaves a dependent spouse and a dependent...
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40-15B-2
Section 40-15B-2 Definitions. In this chapter: (1) "Apportionable estate" means the
value of the gross estate as finally determined for purposes of the estate tax to be apportioned
reduced by: (A) any claim or expense allowable as a deduction for purposes of the tax; (B)
the value of any interest in property that, for purposes of the tax, qualifies for a marital
or charitable deduction or otherwise is deductible or is exempt; and (C) any amount added
to the decedent's gross estate because of a gift tax on transfers made before death. (2) "Estate
tax" means a federal, state, or foreign tax imposed because of the death of an individual
and interest and penalties associated with the tax. The term does not include an inheritance
tax, income tax, or generation-skipping transfer tax other than a generation-skipping transfer
tax incurred on a direct skip taking effect at death. (3) "Gross estate" means,
with respect to an estate tax, all interests in property subject to the tax. (4) "Person"...
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