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.
Senate amendment makes the following changes to the 2nd edition.
Amends GS 28A-2B-1 permitting any individual who is a resident of North Carolina who has executed a will or codicil to file a petition seeking a judicial declaration that the will or codicil is valid (was, allowed certain individuals to petition the court for a judicial declaration of validity of a will/codicil executed by a resident of North Carolina, including the individual who executed the will, an individual's attorney-in-fact under a valid power of attorney, or a general guardian or guardian of the estate). Makes a conforming change to GS 28A-2B-4(b).
With the exception of the changes to GS 30-3.3A(e), deletes all of the changes in Part IV, which amended provisions regarding the authority of a personal representative or fiduciary to take possession, custody, or control of the (1) personal property and the (2) real property of the decedent, except as subject to express limitations in a will and the provisions of GS 28A-13-6, regarding the powers of joint personal representatives. Makes the provisions of Part IV effective when the act becomes law (was, effective January 1, 2016).
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