IMPLEMENT GSC RECOMMENDATIONS.

View NCGA Bill Details2013-2014 Session
House Bill 1116 (Public) Filed Thursday, May 15, 2014
A BILL TO BE ENTITLED AN ACT TO IMPLEMENT THE RECOMMENDATIONS OF THE GENERAL STATUTES COMMISSION TO MODIFY THE SLAYER STATUTE DUE TO THE NEED TO ACCOUNT FOR PROPERTY HELD IN A JOINT TENANCY IN UNEQUAL SHARES, TO CLARIFY THE PROVISIONS FOR FILING CERTIFIED COPIES OF PROBATED WILLS IN OTHER COUNTIES WHERE A DECEDENT HAS REAL PROPERTY, TO DELETE THE STATUTORY FORMS FOR JUDGMENT DEBTORS CLAIMING EXEMPTIONS UNDER G.S. 1C-1601 BECAUSE THE ADMINISTRATIVE OFFICE OF THE COURTS ALREADY HAS WIDELY USED FORMS FOR THAT PURPOSE, AND TO RESOLVE AN APPARENT CONFLICT BETWEEN RULE 8 OF THE NORTH CAROLINA RULES OF CIVIL PROCEDURE, DEALING WITH THE CONTENT OF PLEADINGS, AND G.S. 7A-243, DEALING WITH THE PROPER TRIAL COURT DIVISION, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Intro. by Blust.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House Action) (May 19 2014)
H 1116

Bill Summaries:

  • Summary date: May 16 2014 - More information

    Identical to S 773, filed 5/15/14.

    I. Amends GS 31A-6 to provide that where the slayer and decedent hold property with right of survivorship as joint tenants, joint owners, joint obligees, or otherwise, (1) the decedent's share passes immediately upon death to the decedent's estate, and (2) the slayer's share is held by the slayer for life and upon death, the share passes to the decedent's estate. Provides that when three or more persons hold property with right of survivorship as joint tenants, joint owners, joint obligees, or otherwise, (1) the decedent's share is converted at the time of the decedent's death to that of tenant in common and passes to their estate (was, the portion of the decedent's share which would have accrued to the slayer as a result of the death passes to the decedent's estate), (2) the remaining invididuals continue to hold their shares with right of survivorship, and (3) if the slayer is the final survivor, when the slayer dies, their share (including those passed to the slayer as the final survivor) passes to the decedent's estate (was, one half of the property held by the slayer passed to the decedent's estate immediately when the slayer became the final survivor and the remaining interest passed upon the slayer's death). Makes other clarifying and organizational changes. Provides that nothing in the statute prohibits partitioning the property or severing the joint tenancy. Effective October 1, 2014, and applies to property subject to Article 3 as to decedents dying on or after that date.

    II. Amends GS 28A-2A-13 to clarify that if a probated will devises real property outside of the county where the will was probated, a copy of the will and a certificate of probate of will, certified by the clerk of superior court of the county where the will was probated, may be filed in the office of the clerk of the superior court of any other county in the state where the property is located. Makes additional clarifying changes. Makes conforming changes to GS 31-39(c). Effective October 1, 2014, and applies to estates of decedents dying before, on, or after that date.

    III. Amends GS 1C-1603 to delete the statutory form for judgment debtors who are claiming exemptions and instead requires the Administrative Office of the Courts to provide a form for the notice and sets out information that the notice must include. Makes additional clarifying changes and makes language gender neutral. Effective October 1, 2014. Provides that debtor's statements filed before that date are not affected.

    IV. Effective October 1, 2014, amends GS 1A-1 [Rule 8(a)], to require that a pleading which sets forth a claim for relief state, in negligence actions and in claims for punitive damages in any civil action where the matter in controversy exceeds $10,000, that the relief demanded is for damages incurred in excess of $10,000 and state the proper trial court division under GS 7A-243. Provides that if the amount in controversy is between $10,000 and $25,000, the pleading may state either trial division. Effective July 1, 2015, amends the same rule to no longer allow stating either trial division when the amount in controversy is between $10,000 and $25,000.


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