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5-24-15
Section 5-24-15 Rights of creditors and others. (a) If other assets of the estate are insufficient,
a transfer resulting from a right of survivorship or POD designation under this chapter is
not effective against the estate of a deceased party to the extent needed to pay claims against
the estate and statutory allowances to the surviving spouse and children. (b) A surviving
party or beneficiary who receives payment from an account after death of a party is liable
to account to the personal representative of the decedent for a proportionate share
of the amount received to which the decedent, immediately before death, was beneficially entitled
under Section 5-24-11, to the extent necessary to discharge the claims and allowances described
in subsection (a) remaining unpaid after application of the decedent's estate. A proceeding
to assert the liability may not be commenced unless the personal representative has
received a written demand by the surviving spouse, a creditor, a child, or a...
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41-9-85.1
Section 41-9-85.1 Definitions. As used in this division, the following terms shall have the
following meanings: (1) CONVICTED INDIVIDUAL. An individual convicted of a specified crime
or a representative of the individual. (2) EARNED INCOME. Income derived from an individual's
own labor or active participation in a business. The term does not include income from dividends
or investments. (3) FUNDS OF A CONVICTED INDIVIDUAL. Funds and property received from any
source by a convicted individual. The term includes funds that a superintendent, sheriff,
municipal official, or other correctional official receives on behalf of a convicted individual
and deposits into the individual's inmate or prisoner account to the credit of the individual.
The term does not include funds from child support payments and earned income, except any
income defined as profits from a crime. (4) PERSON. An individual, corporation, estate, partnership,
association, or other legal entity, or representative of such....
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41-9-80.2
Section 41-9-80.2 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE JUNE 10, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. As used in this division,
the following terms shall have the following meanings: (1) CONVICTED INDIVIDUAL. An individual
convicted of a specified crime or a representative of the individual. (2) EARNED INCOME. Income
derived from an individual's own labor or active participation in a business. The term does
not include income from dividends or investments. (3) FUNDS OF A CONVICTED INDIVIDUAL. Funds
and property received from any source by a convicted individual. The term includes funds that
a superintendent, sheriff, municipal official, or other correctional official receives on
behalf of a convicted individual and deposits into the individual's inmate or prisoner account
to the credit of the individual. The term does not include funds from child support payments
and earned income, except any income defined as profits...
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43-2-692
Section 43-2-692 Petition for summary distribution; when surviving spouse or distributee entitled
to personal property without administration. (a) The surviving spouse, if there is
one, otherwise the distributees of an estate of personal property only, may initiate
a proceeding for summary distribution of the estate by filing a verified petition in the office
of the judge of probate of the county in which the decedent was domiciled at death alleging
the conditions provided in subsection (b). The petition shall include a description of the
estate of the decedent. No bond shall be required to be filed with the petition. (b) The surviving
spouse or distributee shall have a defeasible right to the personal property of the
decedent without awaiting the appointment of a personal representative or the probate
of a will if all of the following conditions exist: (1) The value of the entire estate does
not exceed twenty-five thousand dollars ($25,000). This figure shall be adjusted annually
for...
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34-13-11
than one surviving grandparent, a majority of the surviving grandparents. Less than a majority
of the surviving grandparents may be vested with the rights and duties of this section if
reasonable efforts have been made to notify all surviving grandparents of the instructions
and a majority of the surviving grandparents are not aware of any opposition to the instructions.
(9) The guardian of the decedent at the time of the death of the decedent, if a guardian had
been appointed. (10) The personal representative of the estate of the decedent. (11)
The person in the classes of the next degree of kinship, in descending order, under the laws
of descent and distribution to inherit the estate of the decedent. If there is more than one
person of the same degree, any person of that degree may exercise the right of disposition.
(12) The public officer, administrator, or employee responsible for arranging the final disposition
of the remains of the decedent if the disposition of the remains...
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43-8-1
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 period of time as computed in accordance with section 1-1-4 and Rule
6(a), Alabama Rules of Civil Procedure. (5) DEVISE. When used as a noun, means a testamentary
disposition of real or personal property and when used as a verb, means to dispose
of real or personal property by will. (6) DEVISEE. Any person designated in a will
to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee
or trust described by will, the trust or trustee is the devisee and the beneficiaries are
not devisees. (7) DISTRIBUTEE. Any person who has received property of a decedent from his
personal representative other than as creditor or purchaser. A testamentary trustee
is...
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10A-1-1.03
limited liability company or association, a member; and (D) with respect to another foreign
or domestic entity, an owner of an equity interest in that entity. (69) OWNERSHIP INTEREST.
An owner's interest in an entity. The term includes the owner's share of profits and losses
or similar items and the right to receive distributions. The term does not include an owner's
right to participate in management or participate in the direction or oversight of the entity.
An ownership interest is personal property. (70) PARENT or PARENT ENTITY. An entity
that: (A) owns at least 50 percent of the ownership or membership interest of a subsidiary;
or (B) possesses at least 50 percent of the voting power of the owners or members of a subsidiary.
(71) PARTNER. A limited partner or general partner. (72) PARTNERSHIP. Includes a general partnership,
a limited liability partnership, a foreign limited liability partnership, a limited partnership,
a foreign limited partnership, a limited liability...
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36-27-16
Section 36-27-16 Retirement, etc., of employees; retirement allowances. (a)(1) RETIREMENT,
ETC., OF EMPLOYEES GENERALLY; ELIGIBILITY FOR SERVICE RETIREMENT BENEFITS. a. Any Tier I plan
member who withdraws from service upon or after attainment of age 60 and any Tier II plan
member who withdraws from service upon or after attainment of age 62 may retire upon written
application to the Board of Control setting forth at what time, not less than 30 days nor
more than 90 days subsequent to the execution and filing thereof, he or she desires to be
retired; provided, that any such member who became a member on or after October 1, 1963, shall
have completed 10 or more years of creditable service; provided further, that a Tier I plan
member employed as a state policeman shall be eligible to file application for service retirement
upon attaining age 52 and a Tier II plan member employed as a state policeman or employed
as a correctional officer, firefighter, or law enforcement officer as defined...
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40-18-1
existed on December 31, 2007. (8) CORPORATION. The term includes associations, joint stock
companies, and any other entity classified as an association taxable as a corporation for
federal income tax purposes. (9) DISREGARDED ENTITY. Any entity which is disregarded for federal
income tax purposes. (10) DOMESTIC. When applied to a corporation or subchapter K entity means
created or organized under the laws of the State of Alabama. (11) FIDUCIARY. A guardian, trustee,
executor, administrator, personal representative, receiver, conservator, or any person
acting in any fiduciary capacity for any person. (12) FISCAL YEAR. An accounting period of
12 months ending on the last day of any month other than December. (13) FOREIGN. When applied
to a corporation or a subchapter K entity means created or organized under a jurisdiction
other than the State of Alabama. (14) GEOTHERMAL. Any geothermal reservoir in Alabama consisting
of natural heat which is stored in rocks or in an aqueous liquid or...
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43-2-833
Section 43-2-833 General duties; relation and liability to persons interested in estate; standing
to sue. (a) A personal representative is a fiduciary. Except as otherwise provided
by the terms of the will, the personal representative shall observe the standards in
dealing with the estate that would be observed by a prudent person dealing with the property
of another. If the personal representative has special skills or is named personal
representative on the basis of representations of special skills or expertise, the personal
representative is under a duty to use those skills. A personal representative is under
a duty to settle and distribute the estate of the decedent in accordance with the terms of
any probated and effective will and Title 43, and as expeditiously and efficiently as is consistent
with the best interests of the estate. The personal representative shall use the authority
conferred upon personal representatives by law, the terms of the will, if any, and
any order in...
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