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43-8-291
Section 43-8-291 Right to disclaim interest in property. (a) A person, or the representative
of a deceased, incapacitated person, protected person, incompetent or ward, who is an heir,
next of kin, devisee, legatee, grantee, donee, surviving joint tenant, person succeeding to
a disclaimed interest, beneficiary under a testamentary or nontestamentary instrument or contract,
or appointee under a power of appointment exercised by a testamentary or nontestamentary instrument,
or to whom any property or interest therein devolves, by whatever means, may disclaim in whole
or in part the right of succession to any property or interest therein by delivering or filing
a written disclaimer under this article. (b) A surviving joint tenant may disclaim as a separate
interest any property or interest therein devolving to him by right of survivorship. A surviving
joint tenant may disclaim the entire interest in any property or interest therein that is
the subject of a joint tenancy devolving to him,...
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5-5A-41
Section 5-5A-41 Payment of deposits made in names of two persons upon death of one; more than
two persons with provision for survivorship. (a) Any deposit heretofore or hereafter made
in any bank in the names of two or more persons payable to any of such persons, upon the death
of either of said persons, may be paid by the bank to the survivors jointly, irrespective
of whether or not: (1) The form of the deposit or deposit contract contains any provision
for survivorship; (2) The funds deposited were the property of only one said person; (3) There
was at the time of making such deposit any intention on the part of the person making such
deposit to vest the other with a present interest therein; (4) Only one of said persons during
their joint lives had the right to withdraw such deposit; (5) There was any delivery of any
bank book, account book, savings account book, certificate of deposit or other writing by
the person making such deposit to the other of such persons; or (6) Any other...
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43-8-253
Section 43-8-253 Effect of homicide on intestate succession, wills, joint assets, life insurance
and beneficiary designations; effect of bona fide purchase by third party or good faith payment
by obligor, etc. (a) A surviving spouse, heir or devisee who feloniously and intentionally
kills the decedent is not entitled to any benefits under the will or under articles 3 through
10 of this chapter, and the estate of decedent passes as if the killer had predeceased the
decedent. Property appointed by the will of the decedent to or for the benefit of the killer
passes as if the killer had predeceased the decedent. (b) Any joint tenant who feloniously
and intentionally kills another joint tenant thereby effects a severance of the interest of
the decedent so that the share of the decedent passes as his property and the killer has no
rights by survivorship. This provision applies to joint tenancies with the right of survivorship
and tenancies in common during the respective lives of the...
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5-17-15
Section 5-17-15 Deposits for minor or trust beneficiaries; deposits in names of two persons.
(a) A minor, in his or her own name, may make a general or special deposit in any credit union.
The deposit shall be paid only to the minor, or upon his or her order, and not to the parents
or guardians of the minor, and the payment shall be valid as against the minor child and his
or her parents or guardian. (b) Shares may be issued and withdrawn and deposits received and
paid out in the name of a minor or in trust in such manner as the bylaws may provide. The
name of the beneficiary must be disclosed to the credit union. If no other notice of the existence
and terms of such trust has been given in writing to the corporation, such shares or deposits
may, upon the death of the trustee, be transferred to or withdrawn by the person who was named
by the trustee as the beneficiary or by his or her legal representative, and such transfer
or withdrawal shall release the corporation from liability to...
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35-9A-141
Section 35-9A-141 Definitions. Subject to additional definitions contained in subsequent articles
of this chapter which apply to specific articles or divisions thereof, and unless the context
otherwise requires, in this chapter: (1) "action" includes recoupment, counterclaim,
set-off, suit in equity, and any other proceeding in which rights are determined, including
an action for possession; (2) "building and housing codes" include any law, ordinance,
or governmental regulation concerning fitness for habitation, or the construction, maintenance,
operation, occupancy, use, or appearance of any premises or dwelling unit; (3) "day"
means calendar day, notwithstanding Rule 6 of the Alabama Rules of Civil Procedure; however,
in any case where the application of a time period in this chapter consisting of a specific
number of days results in the last day of that time period falling on a weekend or an official
holiday, then the last day of that time period shall be considered the next...
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43-8-1
Section 43-8-1 General definitions. Subject to additional definitions contained in the subsequent
articles which are applicable to specific articles or divisions, and unless the context otherwise
requires, in this chapter, the following words shall have the following meanings: (1) BENEFICIARY.
As it relates to trust beneficiaries, includes a person who has any present or future interest,
vested or contingent, and also includes the owner of an interest by assignment or other transfer
and as it relates to a charitable trust, includes any person entitled to enforce the trust.
(2) CHILD. Includes any individual entitled to take as a child under this chapter by intestate
succession from the parent whose relationship is involved and excludes any person who is only
a stepchild, a foster child, a grandchild or any more remote descendant. (3) COURT. The court
having jurisdiction in matters relating to the affairs of decedents. This court in Alabama
is known as the probate court. (4) DAYS. That...
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10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise requires,
the following terms mean: (1) AFFILIATE. A person who controls, is controlled by, or is under
common control with another person. An affiliate of an individual includes the spouse, or
a parent or sibling thereof, of the individual, or a child, grandchild, sibling, parent, or
spouse of any thereof, of the individual, or an individual having the same home as the individual,
or a trust or estate of which an individual specified in this sentence is a substantial beneficiary;
a trust, estate, incompetent, conservatee, protected person, or minor of which the individual
is a fiduciary; or an entity of which the individual is director, general partner, agent,
employee or the governing authority or member of the governing authority. (2) ASSOCIATE. When
used to indicate a relationship with: (A) a domestic or foreign entity for which the person
is: (i) an officer or governing person; or (ii) a beneficial...
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43-8-296
Section 43-8-296 Remedy not exclusive. This article does not abridge the right of a person
to waive, release, disclaim, or renounce property or an interest therein under any other statute.
(Acts 1981, No. 81-156, §7; Code 1975, §35-17-7.)...
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35-4-7
Section 35-4-7 Survivorship between joint tenants. When one joint tenant dies before the severance,
his interest does not survive to the other joint tenants but descends and vests as if his
interest had been severed and ascertained; provided, that in the event it is stated in the
instrument creating such tenancy that such tenancy is with right of survivorship or other
words used therein showing such intention, then, upon the death of one joint tenant, his interest
shall pass to the surviving joint tenant or tenants according to the intent of such instrument.
This shall include those instruments of conveyance in which the grantor conveys to himself
and one or more other persons and in which instruments it clearly appears that the intent
is to create such a survivorship between joint tenants as is herein contemplated. (Code 1852,
§1312; Code 1867, §1582; Code 1876, §2191; Code 1886, §1837; Code 1896, §1033; Code 1907,
§3419; Code 1923, §6924; Code 1940, T. 47, §19; Acts 1945, No....
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43-2-694
Section 43-2-694 Transfer of property or evidence of rights therein to surviving spouse or
distributees. Upon delivering a copy of the judge's order for summary distribution or an affidavit
executed by any person having knowledge of the fact and alleging the concurrence of the conditions
listed in subsection (b) of section 43-2-692 showing the defeasible right therein, together
with a copy of the decedent's will if the claim is under such will, such spouse or distributee
shall be entitled to have the decedent's property or the evidence of the decedent's ownership
in such property transferred to him by any person owing any money to the decedent's estate,
having custody of any personal property of the decedent or acting as a registrar or transfer
agent of any evidence of interest, indebtedness, property or right of the deceased therein.
(Acts 1975, 3rd Ex. Sess., No. 145, §5.)...
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