Amends GS 29-14(b) to increase the share of a surviving spouse in intestate personal property, as the title indicates. Amends GS 30-17, as amended by this act, to increase the allowance received by a surviving child under the age of 18 to $5,000 (was, $2,000) for the year following the death of the parent in addition to the child’s share of the deceased parent’s estate. Effective January 1, 2013, and applies to estates of persons dying on or after that date.
Amends GS 30-17 (When children entitled to an allowance) to reinsert reference to a “child’s next friend” and to provide that a child’s allowance may be paid to a surviving spouse (was, widow) if the child resides with the surviving spouse of the deceased parent.
Amends GS 30-20 (Procedure for assignment), GS 30-21 (Report of clerk or magistrate), GS 30-23 (Right of appeal), and GS 30-27 (Surviving spouse or child may apply to superior court) to reinsert references to a child’s “next friend” as the title indicates.
INTESTATE PROPERTY/CHILD'S YEAR'S ALLOWANCE.
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TO INCREASE THE MINIMUM AMOUNT OF INTESTATE PERSONAL PROPERTY PASSING TO THE SURVIVING SPOUSE AND THE AMOUNT OF THE YEAR'S ALLOWANCE FROM A DECEDENT’S ESTATE FOR A SURVIVING CHILD, TO REINSERT ERRONEOUSLY REMOVED REFERENCES TO A CHILD'S "NEXT FRIEND" IN THE STATUTES RELATING TO A CHILD’S YEAR ALLOWANCE, AND TO SPECIFY THAT THE CHILD’S YEAR’S ALLOWANCE MAY BE PAID TO A WIDOWER ON THE CHILD’S BEHALF AS WELL AS TO A WIDOW, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.Intro. by Hartsell.
Status: Ref to Judiciary I. If fav, re-ref to Finance (Senate Action) (May 22 2012)
Mon, 21 May 2012 Senate: Filed
Tue, 22 May 2012 Senate: Passed 1st Reading
Tue, 22 May 2012 Senate: Ref to Judiciary I. If fav, re-ref to Finance
Bill S 843 (2011-2012)Summary date: May 21 2012 - View Summary