Except as otherwise provided by a decedent’s will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. A request in writing by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, receive the income therefrom, and pay the expenses reasonably necessary for the management, protection, and preservation of, the estate in the possession of the personal representative. The personal representative may maintain an action to recover possession of property or to determine the title thereto.
(Acts 1993, No. 93-722, p. 1411, §8.)
Notes of Decisions
Cited in
6
cases, 2014–2019 · leading case:
Caplan v. Benator, 262 So. 3d 672 (Ala. Civ. App. 2018).
Caplan v. Benator, 262 So. 3d 672 (Ala. Civ. App. 2018).
“Accordingly, the trial court could have determined that they had to be able to enter the house to fulfill their obligations. Furthermore, in her appellate brief, Caplan seems to suggest that the daughters were attempting to take possession of the house before the 90-day…”
Schlumpf v. D'Olive, 203 So. 3d 57 (Ala. 2016).
“§ 43-2-837, [Ala.] Code 1975. “The parties stipulated .”
Leach v. Wehling, No. 1:18-cv-00454 (S.D. Ala. May 23, 2019).
· cites it 2× “Ala. Code § 43-2-837 ; Ala. Code § 43-2-380 (b)(1).”
Caplan v. Benator, 262 So. 3d 672 (Ala. Civ. App. 2018).
“Accordingly, the trial court could have determined that they had to be able to enter the house to fulfill their obligations. Furthermore, in her appellate brief, Caplan seems to suggest that the daughters were attempting to take possession of the house before the 90-day…”
Leach v. Wehling, No. 1:18-cv-00454 (S.D. Ala. Apr. 5, 2019).
“§ 43-2-837 (. . . every personal representative has a right to, and shall take possession or control of, the decedent’s property .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.