Section 6-10-100 – Proceedings to Set Apart Exemptions When Administration Not Granted on Decedent’s Estate Within 60 Days After Death – Generally.
Section 6-10-100 Proceedings to set apart exemptions when administration not granted on decedent’s estate within 60 days after death – Generally. (a) When the property, real or personal, owned by a decedent at the time of his death does not exceed in amount and value the exemption allowed in favor of his or her surviving […]
Section 6-11-2 – Definitions.
Section 6-11-2 Definitions. For purposes of this article, the following definitions shall apply: (1) PAST DAMAGES. Damages and losses suffered or incurred prior to the date of judgment. (2) FUTURE DAMAGES. Damages and losses reasonably anticipated to be suffered or incurred following the date of judgment. As used herein, the terms “plaintiff” and “defendant” shall […]
Section 6-10-34 – Contest of Exemption Claim – Proceedings When Inventory Discloses Personalty Not Embraced by Claim of Exemption.
Section 6-10-34 Contest of exemption claim – Proceedings when inventory discloses personalty not embraced by claim of exemption. When, on a contest of a claim of exemption to personal property, an inventory filed by the defendant on the plaintiff’s demand discloses other personal property owned by the defendant and subject to sale under process not […]
Section 6-10-85 – How Exemption in Lieu of Homestead Claimed and Set Apart.
Section 6-10-85 How exemption in lieu of homestead claimed and set apart. When an exemption of real estate in lieu of homestead is claimed under Section 6-10-61, a petition in writing, duly verified by oath, must be filed by, or on behalf of, the surviving spouse and minor child or children, or either, as the […]
Section 6-10-101 – Proceedings to Set Apart Exemptions When Administration Not Granted on Decedent’s Estate Within 60 Days After Death – Vesting of Title to Real Property in Surviving Spouse and Minors and Right to Possession Thereof.
Section 6-10-101 Proceedings to set apart exemptions when administration not granted on decedent’s estate within 60 days after death – Vesting of title to real property in surviving spouse and minors and right to possession thereof. If no exceptions are filed and sustained to such report of the commissioners setting apart the homestead exemption, the […]
Section 6-11-3 – Future Damages; Requirements if Damages Greater Than $150,000; Attorney’s Fees; Periodic Payments Over Period of Years; Specific Findings; Evidence of Financial Ability to Make Payments; Evidence of Present Value Inadmissible.
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney’s fees; periodic payments over period of years; specific findings; evidence of financial ability to make payments; evidence of present value inadmissible. Where the damages assessed against a defendant by the trier of fact include an award of future damages, the trial court shall comply […]
Section 6-10-35 – Contest of Exemption Claim – Tender of Issue by Plaintiff on Inventory Filed by Defendant; Determination Thereof.
Section 6-10-35 Contest of exemption claim – Tender of issue by plaintiff on inventory filed by defendant; determination thereof. When, on a contest of a claim of exemption to personal property, an inventory has been filed by the defendant, an issue may be tendered by the plaintiff that the defendant has other personal property subject […]
Section 6-10-86 – Report of Appraisers or Commissioners – Exceptions; Notice of Time Set for Hearing Thereon.
Section 6-10-86 Report of appraisers or commissioners – Exceptions; notice of time set for hearing thereon. When any homestead or other exemption has been allotted or set apart by the appraisers or by commissioners, the personal representative, surviving spouse, minor child or children, or other person in interest feeling aggrieved may, within 30 days after […]
Section 6-10-102 – Effect of Removal From Homestead.
Section 6-10-102 Effect of removal from homestead. When homestead exemption has been allotted to the surviving spouse and minor child or children, or either, under any of the provisions of this division, they shall not be held to have abandoned or forfeited the same by a removal therefrom. (Code 1896, §2101; Code 1907, §4228; Code […]
Section 6-11-4 – Requirements When Judgment Structured; Termination.
Section 6-11-4 Requirements when judgment structured; termination. Where a judgment is structured pursuant to Section 6-11-3 above, the following shall apply: (1) Should the judgment creditor die before the final installment is paid, the remaining payments shall be made to the estate of the decedent, or as otherwise directed by the court having jurisdiction over […]