Code of Alabama

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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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