AN ACT TO IMPLEMENT (I) 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, AND 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, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND (II) THE RECOMMENDATIONS OF THE NORTH CAROLINA BAR ASSOCIATION TO CLARIFY THE REQUIREMENTS FOR THE TIMELY SUBSTITUTION OF A PERSONAL REPRESENTATIVE IN PLACE OF A DECEDENT IN AN ACTION PENDING AT THE DECEDENT'S DEATH AND TO CLARIFY THAT THE COMMON LAW RULE AGAINST ACCUMULATIONS DOES NOT APPLY TO TRUSTS IN THIS STATE; AND TO MAKE OTHER CHANGES TO THE LAW. Enacted August 6, 2014. Effective August 6, 2014, except as otherwise provided.
Summary date: Aug 14 2014 - More information
Summary date: Jul 24 2014 - More information
House committee substitute makes the following changes to the 3rd edition.
Amends GS 1C-1603(a)(5) to delete the provision requiring that the notice to the judgment debtor describe the types of property that are exempt from execution under state and federal law.
Amends GS 1C-1603(c1) to provide that the Form for Debtor's Statement, as provided by the Administrative Office of the Courts (AOC), must include a statement that state law and federal law exempt certain other property not included in the form (was, required the AOC to provide a form for a schedule to allow a debtor to claim property as exempt under subsection (c) of this section as well as to list property as exempt under other provisions of state law, federal law, and the North Carolina Constitution).
Summary date: Jul 1 2014 - More information
Senate amendment makes the following changes to the 2nd edition.
Amends GS 122C-268(g) to provide that inpatient commitment hearings may be held via interactive videoconferencing between a treatment facility and a courtroom.
Amends the long title of this act.
Summary date: Jun 30 2014 - More information
Senate amendment makes the following changes to the 2nd edition:
Changes the long title.
Amends GS 28A-19-1(c), concerning claims against the estate of a decedent, providing that the court may order a substitution of the personal representative or collector for the decedent on motion, and that motion will constitute the presentation of any claim pending in the action, provided that the substitution or a motion for substitution is made within the time specified for the presentation of claims under GS 28A-19-3 (previously, only spoke to the presentation of a claim, not any pending claim if the substitution is made within the specified time frame). Further provides that neither the timely substitution of the personal representation nor timely motion will extend the time for filing additional claims.
Amends GS 41-23(h), to add that the common law rule against accumulations also does not apply to trusts created or administered in North Carolina (previously, section stated that only GS 41-15 and the rule against perpetuities did not apply to trusts in North Carolina).
Summary date: Jun 26 2014 - More information
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 1C-1603(a)(5), regarding the procedure for a judgment debtor to set aside exempt property. Requires that the form for the notice provided by the Administrative Office of the Courts (AOC) inform the judgment debtor of the debtor's right to retain an interest in certain property free from the judgment creditor's collection efforts (was, debtor's right to retain certain property). Also mandates that the notice describe the types of property that are exempt from execution under state and federal law.Provides that the debtor may be entitled to additional exemptions that are not listed on the form for the debtor's statement,such as social security benefits, unemployment benefits, workers' compensation benefits, and earnings for the debtor's personal services rendered within the last 60 days. Adds new subsection (c1) to provide that the AOC must provide a form for a schedule to enable a debtor to claim property as exempt under subsection (c) of this section and to list property as exempt under other provisions of state law, the North Carolina Constitution, and federal law.
Deletes Part IV which amended GS 1A-1, Rule 8(a) regarding the resolution of an apparent conflict between Rule 8 of the NC Rules of Civil Procedure and GS 7A-243.
Makes technical changes.
Changes the long title to reflect changes to the bill content.
Summary date: May 16 2014 - More information
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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