Bill Summary for S 336 (2015-2016)
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View NCGA Bill Details | 2015-2016 Session |
AN ACT TO AMEND THE LAW GOVERNING ESTATE PLANNING AND FIDUCIARIES, TO AMEND THE UNIFORM TRUST CODE, AND TO ESTABLISH A UNIFORM POWERS OF APPOINTMENT ACT.Intro. by Hartsell, Barringer.
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Bill summary
Conference report makes the following changes to the 5th edition.
Amends proposed GS Chapter 28A, Article 2B, Living Probate, making technical corrections for the purposes of language conformity. Deletes language in GS 28A-2B-5 that previously allowed the contents of a file concerning a judgment for will validity to be released to (1) the testator of the will, (2) the judge hearing or reviewing the matter, or (3) certain interested persons and attorneys, without an order from the clerk of court. Adds language allowing such disclosure to any court of competent jurisdiction hearing or reviewing the matter. Provides that after the death of a petitioner, sealed files will be unsealed at the request of any interested person for the purposes of probate or other estate proceedings.
With the exception of the changes to GS 30-3.3A(e), deletes all of the changes in Part IV of the act, which includes proposed sections or changes made to the following: GS 28A-13-3 (Powers of a personal representative or fiduciary), GS 28A-13-3.1 (Power of a personal representative to deal with real property without a court order), GS 28A-13-3.2 (Notice of exercise of power with respect to real property not devised to personal representative), GS 28A-13-3.3 (Reimbursement of devisees for payment of carrying costs), GS 28A-15-1(c) (concerning sales by personal representatives), GS 28A-15-2 (Title and possession of property), GS 28A-22-1 (Scheme of distribution; testate and intestate estates), and GS 28A-23-3(b) (concerning proceeds of sales of an estate).
Makes technical changes.