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NC S218

Bill

Status

Passed

9/14/2023

Primary Sponsor

Amy Galey

Click for details

Origin

Senate

2023-2024 Session

AI Summary

Senate Bill 218 Summary

  • Increases spousal allowance from unspecified amount to $60,000 and child's allowance from $5,000 to $10,000 for one year of support after decedent's death, with spouse's allowance taking priority over children's allowances.

  • Reorganizes and simplifies procedures for claiming allowances by requiring verified petitions filed with the clerk of court, with claims due within six months if a personal representative is appointed, or no time limit if none is appointed.

  • Treats wills and revocable trusts identically by providing that divorce or annulment after execution automatically revokes provisions favoring a former spouse unless a contrary intent is expressly stated in the document, and allows revival if the parties remarry before death.

  • Adds a new subsection requiring assets acquired to pay debts must first be used to satisfy spouse and children allowances under Article 4 of Chapter 30 before being applied to other estate claims.

  • Effective March 1, 2024, applying to decedents dying on or after that date for allowance changes and wills probated on or after that date for divorce/annulment provisions.

Legislative Description

Estates & Trusts Changes

Child Support; Divorce; Equitable Distribution; Estates; Financial Services; Marriage & Civil Unions; Minors; Presented; Public;

Last Action

Ch. SL 2023-120

9/14/2023

Committee Referrals

Rules and Operations of the Senate8/21/2023
Rules, Calendar, and Operations of the House5/4/2023
Rules and Operations of the Senate5/2/2023
Judiciary3/21/2023
Rules and Operations of the Senate3/8/2023

Full Bill Text

No bill text available