Section 43-2-694 – Transfer of Property or Evidence of Rights Therein to Surviving Spouse or Distributees.
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 […]
Section 43-2-695 – Limitation on Defeasible Rights of Surviving Spouse or Distributees.
Section 43-2-695 Limitation on defeasible rights of surviving spouse or distributees. The defeasible right of the surviving spouse or distributees provided for by this division shall be subject only to any preexisting rights to administer the estate or probate the will, or to the superior rights of any other person to such personal property. (Acts […]
Section 43-2-696 – Effect of Transfer Pursuant to Affidavit.
Section 43-2-696 Effect of transfer pursuant to affidavit. The person making payment, delivery, transfer or issuance of personal property or evidence thereof pursuant to the affidavit prescribed in section 43-2-694 shall be discharged and released to the same extent as if made to a personal representative of the decedent, and he shall not be required […]
Section 43-2-697 – Notice to Medicaid Agency of Appointment as Personal Representative or Filing of Petition Under Section 43-2-692.
Section 43-2-697 Notice to Medicaid Agency of appointment as personal representative or filing of petition under Section 43-2-692. (a) The personal representative, or person filing to initiate a proceeding in accordance with the Alabama Small Estates Act, Division 10 of this article, shall give notice of his or her appointment, or the filing of a […]
Section 43-2-697.01 – Petition to Open Probate Estate of Medicaid Recipient; Third-Party Administrator; Fees.
Section 43-2-697.01 Petition to open probate estate of Medicaid recipient; third-party administrator; fees. (a) The Medicaid Agency may petition to open the probate estate of a Medicaid recipient by filing a petition to appoint a third party administrator and issue letters of administration, pursuant to the timing limitations of Section 43-2-43. (b) The petition shall […]
Section 43-2-697.02 – Filing of Claim Against Estate of Medicaid Recipient.
Section 43-2-697.02 Filing of claim against estate of Medicaid recipient. (a) The Medicaid Agency may file a claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on behalf of the recipient, but only as allowed by 42 U.S.C. §1396p, except that the agency shall not file a […]
Section 43-2-697.03 – Liens Program.
Section 43-2-697.03 Liens program. The Medicaid Agency conducts a liens program in accordance with 42 U.S.C. §1396p. The liens program is operated within the federal law restrictions. Nothing in this division shall shrink or expand the Medicaid Agency’s federal law authority or grant a new cause of action that is not currently available under state […]
Section 43-2-662 – Notice of Hearing on Petition.
Section 43-2-662 Notice of hearing on petition. Such notice must state the name of the executor or administrator, the name of the deceased and the day appointed for the hearing of the petition or complaint. If all heirs and legatees are of age and waive publication in a newspaper, notice must, in such case be […]
Section 43-2-663 – Contest.
Section 43-2-663 Contest. Any person interested may appear and contest any statement in the petition or complaint and may examine the parties or any other witness and may introduce any legal evidence in support of his contest. (Acts 1953, No. 687, p. 939, §5.)
Section 43-2-664 – Order After Hearing.
Section 43-2-664 Order after hearing. Should the court find the allegations of the petition or complaint to be true, it shall enter an order, decree or judgment in said cause discharging the executor or the administrator and the sureties on their official bonds from all liability growing out of the administration of said estate. Should […]