43-8-75
Section 43-8-75 How elective share satisfied; what property applied first; apportionment of others' liability for balance of elective share. (a) In the proceeding for an elective share, values included in the estate which pass or have passed to the surviving spouse, or which would have passed to the surviving spouse but were renounced, are applied first to satisfy the elective share and to reduce any contributions due from other recipients of transfers included in the estate. For purposes of this subsection, the electing spouse's beneficial interest in any life estate or in any trust shall be computed as if worth one-half of the total value of the property subject to the life estate, or of the trust estate, unless higher or lower values for these interests are established by proof; provided, however, that, to the extent that the electing spouse's beneficial interest is a life estate or is an interest in a trust and is coupled with a general power of appointment (whether exercisable by...
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45-45-171.01
Section 45-45-171.01 Cremation of deceased indigent person. (a)(1) The Madison County Commission may provide for expenses of cremation of any deceased indigent person, if the deceased was a resident of the county prior to his or her death, died without an estate, and has no relatives residing in the county who are financially able to provide for the burial or cremation expenses of the person. (2) The surviving spouse of the deceased person shall consent in writing to the cremation by the county. (3) If there is no surviving spouse, any adult child of the deceased person, if the adult child resides in the county, shall consent in writing to the cremation. (4) If there is no surviving spouse or surviving adult child of the deceased residing in the county, the agency referring the body and requesting the cremation may consent in writing to the cremation. A referring agency acting in good faith pursuant to this section shall be exempt from all civil and criminal liability regarding such...
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36-27-16.2
Section 36-27-16.2 Nomination of recipient of surviving spouse benefits prior to date of retirement. (a) Any provision to the contrary, notwithstanding, any member of the Teachers' Retirement System of Alabama or the Employees' Retirement System of Alabama who shall have attained the service requirements for surviving spouse benefits may nominate such person as he may desire to receive any benefits payable on account of said member's death prior to his date of retirement. Such nomination shall be made in writing, duly executed and filed with the respective Board of Control pursuant to such rules and regulations as said board shall deem necessary to carry out the provisions of this section. (b) This section is cumulative and shall not be construed to supersede or repeal any provision of law not in direct conflict therewith. (Acts 1984, 2nd Ex. Sess., No. 85-44, p. 68, § 1.)...
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45-37-123.106
Section 45-37-123.106 Minimum distribution requirements. (a) General rules. (1) EFFECTIVE DATE. Except as otherwise provided herein, the provisions of this section shall apply for purposes of determining required minimum distributions for calendar years beginning on and after January 1, 1987. (2) REQUIREMENTS OF TREASURY REGULATIONS INCORPORATED. All distributions required under this section shall be determined and made in accordance with § 401(a)(9), Internal Revenue Code, including the incidental death benefit requirement in § 401(a)(9)(G), and the regulations thereunder. (3) PRECEDENCE. Subject to the joint and survivor annuity requirements of the plan, the requirements of this section shall take precedence over any inconsistent provisions of the plan. (b) Time and manner of distribution. (1) REQUIRED BEGINNING DATE. The member's entire interest shall be distributed, or begin to be distributed, to the member no later than the member's required beginning date. (2) DEATH OF MEMBER...
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45-37A-51.235
Section 45-37A-51.235 Payment of return of contributions. Only in the event a return of contributions is otherwise required herein shall this section apply. A return of contributions, as provided herein, shall be payable to the former participant, if living. In the event of death, if there is a survivor and there are accrued benefits, there shall be no return of contributions, but survivor's benefits shall be payable as set forth in Section 45-37A-51.228. If there are accrued benefits but no survivor, or if there are no accrued benefits, the return of contribution shall be made to the former participant's severance beneficiary named in accordance with Section 45-37A-51.236. In the event the former participant shall have died and shall have not, while an active participant in the system, designated a beneficiary in writing, the return of contributions, if no accrued benefits to survivors, shall be paid in the following order of preference: (1) To his or her personal representative if...
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45-37A-51.240
Section 45-37A-51.240 Law applicable to measurement of benefits. The rights of any person heretofore or hereafter retired shall continue to be measured and governed by the terms of the system in effect at the time of such retirement and should such person die during continuance of such retirement the right of the spouse, child, or children of such deceased retired person and the rights of the spouse, child, or children of any other deceased person or participant shall be measured and governed by the terms of the system in effect at the time of the death of such deceased person or participant. (Act 2006-339, p. 851, Art. VI, §22.)...
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19-1A-15
Section 19-1A-15 (Effective January 1, 2018) Fiduciary duty and authority. (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary's or a designated recipient's authority with respect to a digital asset of a user: (1) except as otherwise provided in Section 19-1A-4, is subject to the applicable terms of service; (2) is subject to other applicable law, including copyright law; (3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and (4) may not be used to impersonate the user. (c) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service...
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38-5-4
Section 38-5-4 Property which may be retained by applicant. An applicant may retain personal or real property owned by him or in combination with any other person without reference to its value if it serves to provide the applicant with a home. Real property owned by the applicant or in combination with his spouse which is producing income, reasonably consistent with its value, which is used for the support of the applicant, may be retained in an amount not to exceed an assessed valuation of $5,000.00 as assessed by the county assessor, less any encumbrances thereon of record. The applicant may retain as a reserve for future contingencies any combination of personal or real property not to exceed a total net value of $1,200.00. The value of the following property shall be excluded in determining eligibility under this chapter: (1) Personal jewelry, personal effects, home furnishings and other property used to provide, equip and maintain a home for the applicant; (2) Such additional...
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40-15B-4
Section 40-15B-4 Statutory apportionment of estate taxes. To the extent that apportionment of an estate tax is not controlled by an instrument described in Section 40-15B-3 and except as otherwise provided in Sections 40-15B-6 and 40-15B-7, the following rules apply: (1) Subject to paragraphs (2), (3), and (4), the estate tax is apportioned ratably to each person that has an interest in the apportionable estate. (2) A generation-skipping transfer tax incurred on a direct skip taking effect at death is charged to the person to whom the interest in property is transferred. (3) If property is included in the decedent's gross estate because of Section 2044 of the Internal Revenue Code of 1986 or any similar estate tax provision, the difference between the total estate tax for which the decedent's estate is liable and the amount of estate tax for which the decedent's estate would have been liable if the property had not been included in the decedent's gross estate is apportioned ratably...
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43-2-691
Section 43-2-691 Definitions. For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section: (1) DEVISEES. The persons who are entitled to the personal property of a decedent under the terms of a testamentary disposition. (2) DISTRIBUTEES. The persons who are entitled to the personal property of a decedent under the terms of a testamentary disposition or under the Alabama descent and distribution statutes. (3) ESTATE. All the personal property of a decedent who owns no real property at the time of his or her death for which title does not pass by operation of law. (4) HEIRS. The persons who are entitled to the personal property of a decedent under the Alabama descent and distribution statutes. (5) PERSON. The term includes natural persons and corporations. (6) PERSONAL REPRESENTATIVE. The term includes an executor, administrator, administrator with the will annexed, and special administrator. (Acts 1975, 3rd Ex....
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