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7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In this
article: (1) "Accession" means goods that are physically united with other goods
in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...
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5-24-12
Section 5-24-12 Rights at death. (a) Except as otherwise provided in this chapter, on death
of a party sums on deposit in a multiple-party account belong to the surviving party or parties.
If two or more parties survive and one is the surviving spouse of the decedent, the amount
to which the decedent, immediately before death, was beneficially entitled under Section 5-24-11
belongs to the surviving spouse. If two or more parties survive and none is the surviving
spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially
entitled under Section 5-24-11 belongs to the surviving parties in equal shares, and augments
the proportion to which each survivor, immediately before the decedent's death, was beneficially
entitled under Section 5-24-11, and the right of survivorship continues between the surviving
parties. (b) In an account with a POD designation: (1) On death of one of two or more parties,
the rights in sums on deposit are governed by...
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43-8-41
Section 43-8-41 Share of the spouse. The intestate share of the surviving spouse is as follows:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or parents, the
first $100,000.00 in value, plus one-half of the balance of the intestate estate; (3) If there
are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00
in value, plus one-half of the balance of the intestate estate; (4) If there are surviving
issue one or more of whom are not issue of the surviving spouse, one-half of the intestate
estate; (5) If the estate is located in two or more states, the share shall not exceed in
the aggregate the allowable amounts under this chapter. (Acts 1982, No. 82-399, §2-102.)...
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6-5-411
Section 6-5-411 Injuries to decedent's property resulting from wrongful act, etc., causing
death. (a) The personal representative of a deceased person may commence an action in a court
of competent jurisdiction within the State of Alabama, and not elsewhere, and recover such
damages as the jury may assess for injuries or damages to the property of the decedent resulting
from the same wrongful act, omission, or negligence which caused the death of the decedent,
provided the decedent could have commenced such action if the wrongful act, omission, or negligence
causing the property damage had not also caused his death. (b) Such action may be commenced
though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful
act, omission, or negligence; and it shall not abate by the death of the defendant, but may
be revived against his personal representative. (c) The damages recovered are not subject
to the payment of the debts or liabilities of the decedent, but...
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45-37A-51.230
Section 45-37A-51.230 Service connected death benefit. Should a participant be killed in the
line of his or her duty, there may be payable to his or her spouse and child or children a
service connected death benefit which shall be determined as follows: (1) SPOUSE BENEFIT.
The surviving spouse shall receive a monthly benefit equal to 60 percent of the monthly salary
of the deceased participant and shall additionally receive an amount equal to 10 percent of
the salary for each eligible child of the deceased participant. However, in no event shall
the monthly benefit payable to the spouse hereunder exceed 75 percent of the monthly salary
of the deceased participant. (2) CHILD OR CHILDREN BENEFIT. Should there be no surviving spouse
or should the surviving spouse fail to qualify hereunder, there shall be payable to or for
the benefit of such deceased participant's child or children a monthly benefit equal to 60
percent of the deceased participant's monthly salary as provided in Section...
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45-37A-51.233
Section 45-37A-51.233 Death prior to retirement; return of contributions. In the event a participant
shall die prior to retirement and without a surviving spouse or children eligible for benefits
hereunder, there shall be payable to the severance beneficiary, as defined in Section 45-37A-51.236,
in an amount equal to the participant's total contributions to the system, without interest,
less an amount, equal to one-half the total of all disability retirement benefits paid to
the deceased participant prior to his or her death, if any, to participant's severance beneficiary.
(Act 2006-339, p. 851, Art. VI, §15.)...
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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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43-8-43
Section 43-8-43 Requirement that heir survive decedent for five days. Any person who fails
to survive the decedent by five days is deemed to have predeceased the decedent for purposes
of homestead allowance, the exempt property and intestate succession, and the decedent's heirs
are determined accordingly. If the time of death of the decedent or of the person who would
otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be
established that the person who would otherwise be an heir has survived the decedent by five
days, it is deemed that the person failed to survive for the required period. This section
is not to be applied where its application would result in a taking of intestate estate by
the state under section 43-8-44. (Acts 1982, No. 82-399, §2-104.)...
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45-23-141.03
Section 45-23-141.03 Fee - Exemptions. Any person age 65 or over exempted from paying property
tax in Dale County, in partial or in whole, shall also be exempted from paying the fee levied
by this part. Any person less than the age of 65 and having an annual adjusted gross income
of twelve thousand dollars ($12,000) or less, as shown on the person's and spouse's latest
United States income tax return, may apply for an exemption annually and shall be exempted
from paying the fee levied by this part for the principle residence of the household, provided
the person seeking to claim the exemption shall present proof of income to the county administrator
no later than July 1 of any year in which the exemption is desired. In the event that such
person and spouse are not required to file a United States income tax return, then an affidavit
indicating that the annual gross income of such person and spouse for the preceding taxable
year was twelve thousand dollars ($12,000) or less shall be...
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45-8A-22.120
Section 45-8A-22.120 Optional benefit plans. (a) Optional Plans. Any participant terminating
service on or after January 1, 1989, pursuant to the terms of Section 45-8A-22.113, Section
45-8A-22.114, or Section 45-8A-22.116 shall, within 20 days of the effective date of termination
have the option of electing a pension plan with or without death benefits from one of the
following three optional plans: (1) Option A-Fifty Percent Joint and Survivor Plan. a. A participant
having elected Option A shall, during his or her lifetime, receive a monthly benefit from
the plan in accordance with Section 45-8A-22.113, Section 45-8A-22.114, or Section 45-8A-22.116.
b. In the event that a participant dies from any cause and leaves a surviving spouse, the
retirement board shall direct the payment to the spouse of a monthly pension equal to 50 percent
of the amount of the pension being paid to the participant at the time of his or her death;
provided, however, with respect to retirements pursuant to...
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