Bill Summary for S 336 (2015-2016)

Summary date: 

Apr 27 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 336 (Public) Filed Wednesday, March 18, 2015
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

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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