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NC S218
Bill
AI Summary
Senate Bill 218 Summary
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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.
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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.
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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.
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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.
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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