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NC H1067

Bill

Status

Passed

6/26/2012

Primary Sponsor

John Blust

Click for details

Origin

House of Representatives

2011-2012 Session

AI Summary

  • Modifies G.S. 28A-24-3 to clarify property distribution among co-owners with right of survivorship when it cannot be established that one survived others by 120 hours, allowing each co-owner's pro rata interest to pass as if that owner survived all others unless the governing instrument provides otherwise.

  • Changes G.S. 41-2(b) to align joint tenancy law with the simultaneous death statute by making unequal share distributions subject to G.S. 28A-24-3 upon death of one or more joint tenants, rather than having shares divided among survivors based on their pro rata interests.

  • Applies the changes to conveyances that explicitly sought to create unequal ownership interests in joint tenancy with right of survivorship at any time.

  • Grandfathers prior distributions made in equal amounts from joint tenancies with right of survivorship that sought to create unequal shares, keeping those distributions valid and not subject to modification.

  • Becomes effective October 1, 2012.

Legislative Description

Co-owners/Unequal Shares/Simultaneous Death

Last Action

Ch. SL 2012-69

6/26/2012

Committee Referrals

Judiciary I6/4/2012
Judiciary Subcommittee A5/23/2012

Full Bill Text

No bill text available