Bill Summary for S 773 (2013-2014)

Summary date: 

Jun 26 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 committee substitute makes the following changes to the 1st edition.

Amends GS 1C-1603(a)(5), regarding the procedure for a judgment debtor to set aside exempt property. Requires that the form for the notice provided by the Administrative Office of the Courts (AOC) inform the judgment debtor of the debtor's right to retain an interest in certain property free from the judgment creditor's collection efforts (was, debtor's right to retain certain property). Also mandates that the notice describe the types of property that are exempt from execution under state and federal law.Provides that the debtor may be entitled to additional exemptions that are not listed on the form for the debtor's statement,such as social security benefits, unemployment benefits, workers' compensation benefits, and earnings for the debtor's personal services rendered within the last 60 days. Adds new subsection (c1) to provide that the AOC must provide a form for a schedule to enable a debtor to claim property as exempt under subsection (c) of this section and to list property as exempt under other provisions of state law, the North Carolina Constitution, and federal law.

Deletes Part IV which amended GS 1A-1, Rule 8(a) regarding the resolution of an apparent conflict between Rule 8 of the NC Rules of Civil Procedure and GS 7A-243.

Makes technical changes.

Changes the long title to reflect changes to the bill content.

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