Bill Summary for S 773 (2013-2014)

Summary date: 

Jul 24 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

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).

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