reglab/housing_qa huggingface dataset:
AL Code § 43-8-91 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 5 - Spouse and Children Not Provided for in Will.|Section 43-8-91 - Pretermitted Children.

Section 43-8-91Pretermitted children. (a) If a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted child receives a share in the estate equal in value to that which he would have received if the testator had died intestate unless: (1) It appears from the will that the omission was intentional; (2) When the will was executed the testator had one or more children and devised substantially all his estate to the other parent of the omitted child; or (3) The testator provided for the child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision be reasonably proven. (b) If at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes the child to be dead, the child receives a share in the estate equal in value to that which he would have received if the testator had died intestate. (c) In satisfying a share provided by this section, the devisees made by the will abate as provided in section 43-8-76. (Acts 1982, No. 82-399, §2-302.)
AL Code § 43-8-110 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 6 - Exempt Property and Allowances.|Section 43-8-110 - Homestead Allowance.

Section 43-8-110Homestead allowance. (a) A surviving spouse of a decedent who was domiciled in this state is entitled to a homestead allowance of fifteen thousand dollars ($15,000). If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to fifteen thousand dollars ($15,000) divided by the number of minor and dependent children of the decedent. The homestead allowance is exempt from and has priority over all claims against the estate. Homestead allowance is in addition to any share passing to the surviving spouse or minor or dependent child by the will of the decedent unless otherwise provided in the will, by intestate succession or by way of elective share. (b) The value of any constitutional right of homestead in the family home received by a surviving spouse or child shall be charged against that spouse or child's homestead allowance to the extent that the family home is part of the decedent's estate or would have been but for the homestead provision of the Constitution. (Acts 1982, No. 82-399, §2-401; Act 2015-484, §1.)
AL Code § 43-8-111 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 6 - Exempt Property and Allowances.|Section 43-8-111 - Exempt Property.

Section 43-8-111Exempt property. If the decedent was domiciled in this state at the time of death the surviving spouse is entitled to receive, in addition to the homestead allowance, property of a value not exceeding seven thousand five hundred dollars ($7,500) in excess of any security interests therein in household furniture, automobiles, furnishings, appliances and personal effects. If there is no surviving spouse, children of the decedent are entitled jointly to the same value. If encumbered chattels are selected and if the value in excess of security interests, plus that of other exempt property, is less than seven thousand five hundred dollars ($7,500), or if there is not seven thousand five hundred dollars ($7,500) worth of exempt property in the estate, the spouse or children are entitled to other assets of the estate, if any, to the extent necessary to make up the seven thousand five hundred dollars ($7,500) value. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, except that the right to any assets to make up a deficiency of exempt property shall abate as necessary to permit prior payment of homestead allowance and family allowance. These rights are in addition to any benefit or share passing to the surviving spouse or children by the will of the decedent unless otherwise provided, by intestate succession, or by way of elective share. (Acts 1982, No. 82-399, §2-402; Act 2015-484, §1.)
AL Code § 43-8-112 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 6 - Exempt Property and Allowances.|Section 43-8-112 - Family Allowance.

Section 43-8-112Family allowance. In addition to the right to homestead allowance and exempt property, if the decedent was domiciled in this state, the surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by him are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration, which allowance may not continue for longer than one year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children; otherwise to the children, or persons having their care and custody; but in case any minor child or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or his guardian or other person having his care and custody, and partially to the spouse, as their needs may appear. The family allowance is exempt from and has priority over all claims but does not have priority over the homestead allowance. The family allowance is not chargeable against any benefit or share passing to the surviving spouse or children by the will of the decedent unless otherwise provided in the will, by intestate succession, or by way of elective share. The death of any person entitled to family allowance terminates his right to allowances not yet paid. (Acts 1982, No. 82-399, §2-403.)
AL Code § 43-8-113 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 6 - Exempt Property and Allowances.|Section 43-8-113 - Source, Determination and Documentation of Exempt Property and Allowances; Petition for Relief by Personal Representative or Interested Person.

Section 43-8-113Source, determination and documentation of exempt property and allowances; petition for relief by personal representative or interested person. If the estate is otherwise sufficient, property specifically devised is not used to satisfy rights to homestead and exempt property. Subject to this restriction, the surviving spouse, the guardians of the minor children, or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make these selections if the surviving spouse, the children or the guardians of the minor children are unable or fail to do so within a reasonable time or if there are no guardians of the minor children. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. He or she may determine the family allowance in a lump sum not exceeding fifteen thousand dollars ($15,000) or in periodic installments not exceeding $500.00 per month, and may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash. The personal representative or any interested person aggrieved by any selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which relief may provide a family allowance larger or smaller than that which the personal representative determined or could have determined. (Acts 1982, No. 82-399, §2-404; Act 2015-484, §1.)
AL Code § 43-8-114 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 6 - Exempt Property and Allowances.|Section 43-8-114 - Spouse May Retain Dwelling, etc., Until Assignment of Homestead.

Section 43-8-114Spouse may retain dwelling, etc., until assignment of homestead. The spouse may retain possession of the dwelling house where the surviving spouse resided with the decedent, with the offices and buildings appurtenant thereto and the plantation connected therewith until homestead is assigned, free from the payment of rent. The obligation to pay rent, if any, on the dwelling shall be an obligation of the decedent's estate. (Code 1852, §1359; Code 1867, §1630; Code 1876, §2238; Code 1886, §1900; Code 1896, §1515; Code 1907, §3824; Code 1923, §7437; Code 1940, T. 34, §50; Code 1975, §43-5-40; Acts 1984, No. 84-258, p. 426, §1.)
AL Code § 43-8-115 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 6 - Exempt Property and Allowances.|Section 43-8-115 - Discharge of Debtor From Liability for Wages, etc., Owed Intestate Former Employee of Another; Status of Funds Paid Under This Section.

Section 43-8-115Discharge of debtor from liability for wages, etc., owed intestate former employee of another; status of funds paid under this section. (a) Whenever an employee of another shall die intestate and there shall be due him or her any sum as wages or salary the debtor may discharge himself or herself from liability therefor by paying such amount to the surviving spouse of the deceased employee or, if there is no surviving spouse to the person having the legal custody and control of his or her minor child or children, or either as the case may be, who may commence an action for and recover the same as part of the property or allowance exempted to them. (b) Any sums paid in accordance with subsection (a) shall be considered as part of the exempt property, as defined in Section 43-8-111; and, if the sums exceed seven thousand five hundred dollars ($7,500) the excess shall be considered part of the family allowance, as defined in Section 43-8-112. (Acts 1984, 1st Ex. Sess., No. 84-788, p. 179; Act 2015-484, §1.)
AL Code § 43-8-116 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 6 - Exempt Property and Allowances.|Section 43-8-116 - Adjustments to Exemption Values.

Section 43-8-116Adjustments to exemption values.  On July 1, 2017, and at the end of each 3-year period thereafter, the State Treasurer shall adjust each dollar amount in this article or, for each adjustment after July 1, 2017, each adjusted amount, by an amount determined by the State Treasurer to reflect the cumulative change in the consumer price index, as published by the United States Department of Labor, or, if that index is no longer published, a generally available comparable index, for the 3-year period ending on the December 31 preceding the adjustment date and rounded to the nearest twenty-five dollars ($25.00). The State Treasurer shall publish the adjusted amounts. The adjusted amounts apply to exemptions claimed on or after April 1 following the adjustment date. (Act 2015-484, §3.)
AL Code § 43-8-220 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 8 - Construction of Wills.|Section 43-8-220 - Requirement That Devisee Survive Testator by Five Days.

Section 43-8-220Requirement that devisee survive testator by five days. A devisee who does not survive the testator by five days is treated as if he predeceased the testator, unless the will of decedent contains some language dealing explicitly with simultaneous deaths or deaths in a common disaster, or requiring that the devisee survive the testator or survive the testator for a stated period in order to take under the will. (Acts. 1982, No. 82-399, §2-601.)
AL Code § 43-8-221 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 8 - Construction of Wills.|Section 43-8-221 - Choice of Law as to Meaning and Effect of Wills.

Section 43-8-221Choice of law as to meaning and effect of wills. The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in his instrument unless the application of that law is contrary to the provisions relating to the elective share described in sections 43-8-70 through 43-8-75, the provisions relating to exempt property and allowances described in sections 43-8-110 through 43-8-113, or any other public policy of this state otherwise applicable to the disposition. (Acts 1982, No. 82-399, §2-602.)
AL Code § 43-8-222 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 8 - Construction of Wills.|Section 43-8-222 - Controlling Effect of Intention of Testator.

Section 43-8-222Controlling effect of intention of testator. The intention of a testator as expressed in his will controls the legal effect of his dispositions. The rules of construction expressed in the succeeding sections of this article apply unless a contrary intention is indicated by the will. (Acts 1982, No. 82-399, §2-603.)
AL Code § 43-8-223 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 8 - Construction of Wills.|Section 43-8-223 - Construction of Will to Pass All Property, Including After-Acquired Property.

Section 43-8-223Construction of will to pass all property, including after-acquired property. A will is construed to pass all property which the testator owns at his death including property acquired after the execution of the will. (Acts 1982, No. 82-399, §2-604.)
AL Code § 43-8-224 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 8 - Construction of Wills.|Section 43-8-224 - Anti-Lapse Provision; Applicability to Deceased Devisees and to Class Gifts.

Section 43-8-224Anti-lapse provision; applicability to deceased devisees and to class gifts. If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue of the deceased devisee who survive the testator by five days take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree then those of more remote degree take by representation. One who would have been a devisee under a class gift if he had survived the testator is treated as a devisee for purposes of this section whether his death occurred before or after the execution of the will. (Acts 1982, No. 82-399, §2-605.)
AL Code § 43-8-225 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 8 - Construction of Wills.|Section 43-8-225 - Effect of Failure of Testamentary Provisions.

Section 43-8-225Effect of failure of testamentary provisions. (a) Except as provided in section 43-8-224 if a devise other than a residuary devise fails for any reason, it becomes a part of the residue. (b) Except as provided in section 43-8-224 if the residue is devised to two or more persons and the share of one of the residuary devisees fails for any reason, his share passes to the other residuary devisee, or to other residuary devisees in proportion to their interests in the residue. (Acts 1982, No. 82-399, §2-606.)
AL Code § 43-8-226 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 8 - Construction of Wills.|Section 43-8-226 - Specific Devise of Securities; Change in Securities; Accessions; Nonademption.

Section 43-8-226Specific devise of securities; change in securities; accessions; nonademption. (a) If the testator intended a specific devise of certain securities rather than the equivalent value thereof, the specific devisee is entitled only to: (1) As much of the devised securities as is a part of the estate at time of the testator's death; (2) Any additional or other securities of the same entity derived from the securities specifically devised and owned by the testator by reason of action initiated by the entity excluding any acquired by exercise of purchase options; (3) Securities of another entity derived from the securities specifically devised and owned by the testator as a result of a merger, consolidation, reorganization or other similar action initiated by the entity; and (4) Any additional securities of the entity owned by the testator as a result of a plan of reinvestment if it is a regulated investment company, which is defined in section 851 of the Federal Internal Revenue Code of 1954 as amended. (b) Distributions prior to death with respect to a specifically devised security not provided for in subsection (a) of this section are not part of the specific devise. (Acts 1982, No. 82-399, §2-607.)
AL Code § 43-8-227 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 8 - Construction of Wills.|Section 43-8-227 - Nonademption of Specific Devises in Certain Cases; Proceeds of Sale, Condemnation, Insurance or Foreclosure; Sale by Guardian or Curator.

Section 43-8-227Nonademption of specific devises in certain cases; proceeds of sale, condemnation, insurance or foreclosure; sale by guardian or curator. (a) A specific devisee has the right to the remaining specifically devised property and: (1) Any balance of the purchase price (together with any security interest) owing from a purchaser to the testator at death by reason of sale of the property; (2) Any amount of a condemnation award for the taking of the property unpaid at death; (3) Any proceeds unpaid at death on fire or casualty insurance on the property; and (4) Property owned by testator at his death as a result of foreclosure, or obtained in lieu of foreclosure, of the security for a specifically devised obligation. (b) If specifically devised property is sold by a guardian or curator, or if a condemnation award or insurance proceeds are paid to a guardian or curator as a result of condemnation, fire, or casualty, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the condemnation award, or the insurance proceeds. This subsection does not apply if after the sale, condemnation or casualty, it is adjudicated that the disability of the testator has ceased and the testator survives the adjudication by one year. The right of the specific devisee under this subsection is reduced by any right he had under subsection (a) of this section. (Acts 1982, No. 82-399, §2-608.)
AL Code § 43-8-228 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 8 - Construction of Wills.|Section 43-8-228 - Nonexoneration.

Section 43-8-228Nonexoneration. A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts. (Acts 1982, No. 82-399, §2-609.)
AL Code § 43-8-229 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 8 - Construction of Wills.|Section 43-8-229 - Exercise of Power of Appointment.

Section 43-8-229Exercise of power of appointment. A general residuary clause in a will, or a will making general disposition of all of the testator's property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intention to include the property subject to the power. (Acts 1982, No. 82-399, §2-610.)
AL Code § 43-8-230 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 8 - Construction of Wills.|Section 43-8-230 - Construction of Generic Terms to Accord With Relationships as Defined for Intestate Succession; When Person Born Out of Wedlock Treated as Child of Father.

Section 43-8-230Construction of generic terms to accord with relationships as defined for intestate succession; when person born out of wedlock treated as child of father. Half-bloods, adopted persons, and persons born out of wedlock are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession. However, a person born out of wedlock is not treated as the child of the father unless the person is openly and notoriously so treated by the father. (Acts 1982, No. 82-399, §2-611.)
AL Code § 43-8-231 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 8 - Construction of Wills.|Section 43-8-231 - Ademption by Satisfaction.

Section 43-8-231Ademption by satisfaction. Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part, only if the will provides for deduction of the lifetime gift, or the testator declares in a contemporaneous writing that the gift is to be deducted from the devise or is in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction. For purposes of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or as of the time of death of the testator, whichever occurs first. (Acts 1982, No. 82-399, §2-612.)
AL Code § 43-8-250 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 9 - Miscellaneous Provisions.|Section 43-8-250 - Contracts Concerning Succession, etc.; No Presumption of Nonrevocation From Joint or Mutual Wills.

Section 43-8-250Contracts concerning succession, etc.; no presumption of nonrevocation from joint or mutual wills. A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1983, can be established only by: (1) Provisions of a will stating material provisions of the contract; (2) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or (3) A writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. (Acts 1982, No. 82-399, §2-701.)
AL Code § 43-8-251 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 9 - Miscellaneous Provisions.|Section 43-8-251 - Renunciation of Succession.

Section 43-8-251Renunciation of succession. Renunciation of succession shall be through compliance with Article 11 of this chapter or as otherwise provided by law. (Acts 1982, No. 82-399, §2-801.)