Bill Summary for S 773 (2013-2014)

Summary date: 

Jun 30 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 773 (Public) Filed Thursday, May 15, 2014
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.
Intro. by Hartsell.

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Bill summary

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). 

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