Bill Text: NC S773 | 2013-2014 | Regular Session | Chaptered
Bill Title: Implement GSC Recommendations
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-08-06 - Ch. SL 2014-107 [S773 Detail]
Download: North_Carolina-2013-S773-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2014-107
SENATE BILL 773
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.
The General Assembly of North Carolina enacts:
PART I. MODIFICATION OF SLAYER STATUTE
SECTION 1.1. G.S. 31A‑6 reads as rewritten:
"§ 31A‑6. Survivorship property.
(a) Where the slayer and
the decedent hold property with right of survivorship as joint tenants, joint
owners, joint obligees or otherwise, otherwise, the following apply:
(1) the The
decedent's share thereof shall passpasses immediately upon
the death of the decedent to his estate, decedent's death to the
decedent's estate.
(2) and theThe
slayer's share shall be held by the slayer during his lifetimefor
life and at his the slayer's death shall pass to the estate
of the decedent. During his lifetime, the slayer shall have the right to the
income from his share of the property subject to the rights of creditors of the
slayer.decedent's estate.
(b) Where three or more
persons, including the slayer and the decedent, hold property with right of
survivorship as joint tenants, joint owners, joint obligees or otherwise,
the portion of the decedent's share which would have accrued to the slayer as a
result of the death of the decedent shall pass to the estate of the decedent.
If the slayer becomes the final survivor, one half of the property then held by
the slayer shall pass immediately to the estate of the decedent, and upon the
death of the slayer the remaining interest of the slayer shall pass to the estate
of the decedent. During his lifetime the slayer shall have the right to the
income from his share of the property subject to the rights of creditors of the
slayer.otherwise, the following apply:
(1) The decedent's share is converted effective upon the decedent's death to that of a tenant in common and passes to the decedent's estate.
(2) The remaining persons, including the slayer, continue to hold their shares with right of survivorship.
(3) If the slayer becomes the final survivor, upon the slayer's death, the slayer's share, which includes the other shares that passed to the slayer as the final survivor, shall pass to the decedent's estate.
(c) During the slayer's lifetime, the slayer shall have the right to the income from the slayer's share, subject to the rights of the slayer's creditors.
(d) Nothing in this section prohibits a partitioning of the property pursuant to Chapter 46 of the General Statutes or severing the joint tenancy in any manner provided by law. Any share taken by the slayer by reason of partition or severance shall be subject to subdivision (3) of subsection (b) of this section."
SECTION 1.2. This Part becomes effective October 1, 2014, and applies to property subject to Article 3 of Chapter 31A of the General Statutes as to decedents dying on or after that date.
PART II. CLARIFY THE PROVISIONS FOR FILING CERTIFIED COPIES OF PROBATED WILLS IN OTHER COUNTIES WHERE A DECEDENT HAS REAL PROPERTY
SECTION 2.1. G.S. 28A‑2A‑13 reads as rewritten:
"§
28A‑2A‑13. Wills filed in clerk's office.office;
certified copies filed for real property in other counties.
(a) All original probated
wills shall remain in the clerk's office,office of the clerk of
superior court, among the public records of the court where the same
shall be proved, and to such wills any person may have access, as to the other
records. wills were probated.
(b) If said a
probated will contains a devise of real estate,devises real
property outside said the county where said will isthe
will was probated, then a copy of the said will, together with the
probate of the same,a copy of the will and a copy of the certificate of
probate of the will, certified under the hand and seal of the clerk of the
superior court of said the county where the will was probated,
may be recorded in the book of wills and filed in the office of the
clerk of the superior court of any other county in the this State
in which said land is situated with the real property is situated.
The filing of the probated will in the county where the real property is situated
shall have the same effect as to passing the title to said real estatefor
purposes of G.S. 31‑39(c) as to the priorities of claims against the
real property as if said the will had originally been
probated and filed in said county and the clerk of the superior court of
said last‑mentioned county hadin that county and as if the clerk
of superior court of that county had jurisdiction to probate the same.will."
SECTION 2.2. G.S. 31‑39(c) reads as rewritten:
"(c) A will duly
probated in one county of this State is not effective to pass title to an
interest in real property located in any other county of this State as against
lien creditors or purchasers for valuable consideration from the intestate
heirs at law of a decedent unless a certified copy of the will is and
a certified copy of the certificate of probate of the will are filed in the
office of the clerk of superior court in the county where the real property
lies within the time limitation set forth in subsection (b) of this section."
SECTION 2.3. This Part becomes effective October 1, 2014, and applies to estates of decedents dying before, on, or after that date.
PART III. DELETE STATUTORY FORMS IN G.S. 1C‑1603
SECTION 3.1. G.S. 1C‑1603 reads as rewritten:
"§ 1C‑1603. Procedure for setting aside exempt property.
(a) Motion or Petition; Notice. –
(1) A judgment debtor may
have his exempt property designated by motion afterAfter judgment
has been entered against him.a judgment debtor, that person's exempt
property may be designated by motion.
(2) Repealed by Session Laws 1981 (Regular Session, 1982), c. 1224, s. 10.
(3) The clerk or district court judge may determine that particular property is not exempt even though there has been no proceeding to designate the exemption.
(4) After judgment, except
as provided in G.S. 1C‑1603(a)(3)subdivision (3) of this
subsection or when exemptions have already been designated, the clerk may
not issue an execution or writ of possession unless notice from the court has
been served upon the judgment debtor advising the debtor of the debtor's
rights. The judgment creditor shallmust cause the notice, which shallmust
be accompanied by the form for the statement by the debtor under subsection
(c)subsection (c1) of this section, to be served on the debtor as
provided in G.S. 1A‑1, Rule 4(j)(1). If the judgment debtor cannot
be served as provided above,under G.S. 1A‑1, Rule 4(j)(1),
the judgment creditor may serve the judgment debtor by mailing a copy of the
notice to the judgment debtor at the debtor's last known address. Proof of
service by certified or registered mail or personal service is as provided in G.S. 1A‑1,
Rule 4. The judgment creditor may prove service by mailing to last known
address by filing a certificate that the notice was served indicating the
circumstances warranting the use of such service and the date and address of
service.
(5) The
Administrative Office of the Courts must provide a form for the notice from the
court required by subdivision (4) of this subsection. The notice shall be
substantially in the following form:must inform the debtor that:
a. The judgment debtor has the right to retain an interest in certain property free from collection efforts by the judgment creditor.
b. To preserve that right, the judgment debtor is required to respond to the notice by filing a motion or petition to claim exempt property, including a schedule of assets that are claimed as exempt, no later than 20 days after the debtor receives the notice, and that the judgment debtor must also mail or take a copy to the judgment creditor at the address provided in the notice.
c. The judgment debtor has the option to request a hearing to claim exemptions rather than filing a schedule of assets.
d. The judgment debtor may have exemptions under State and federal law that are in addition to those listed on the form for the debtor's statement that is included with the notice, such as Social Security benefits, unemployment benefits, workers' compensation benefits, and earnings for the debtor's personal services rendered within the last 60 days.
e. There is a procedure for challenging an attachment or levy on the judgment debtor's property.
f. The judgment debtor may wish to consider hiring an attorney.
g. Failure to respond within the required time results in the loss of statutory rights.
NORTH CAROLINA IN
THE GENERAL COURT
____________________ COUNTY OF
JUSTICE DISTRICT
COURT
DIVISION
CvD
______________________________ ) NOTICE
OF
Judgment
Creditor ) PETITION
(OR
) MOTION)
TO SET
vs. ) OFF
DEBTOR'S
______________________________ ) EXEMPT
PROPERTY
GREETINGS:
You have been named as a "judgment
debtor" in a proceeding initiated by a "judgment creditor". A "judgment
debtor" is a person who a court has declared owes money to another, the "judgment
creditor". The purpose of this proceeding is to make arrangements to
collect that debt from you personally or from property you own.
It is important that you
respond to this notice no later than 20 days after you receive it because you
may lose valuable rights if you do nothing. You may wish to consider hiring an
attorney to help you with this proceeding to make certain that you receive all
the protections to which you are entitled under the North Carolina Constitution
and laws.
NOTICE
TO JUDGMENT DEBTOR:
THERE
ARE CERTAIN EXEMPTIONS UNDER STATE AND FEDERAL LAW THAT YOU ARE ENTITLED TO
CLAIM IN ADDITION TO THE EXEMPTIONS LISTED ON THE "SCHEDULE OF DEBTOR'S
PROPERTY AND REQUEST TO SET ASIDE EXEMPT PROPERTY" THAT IS ENCLOSED WITH
THIS NOTICE.
These exemptions may include
social security benefits, unemployment benefits, workers' compensation benefits,
and earnings for your personal services rendered within the last 60 days. There
is available to you a prompt procedure for challenging an attachment or levy on
your property.
(b) Contents of Motion or Petition. – The motion or petition must:
(1) Name the judgment debtor;
(2) Name the judgment creditors of the debtor insofar as they are known to the movant;
(3) If it is a motion to modify a previously allocated exemption, describe the change of condition (if the movant received notice of the exemption hearing) and the modification desired.
(c) Statement by the
Debtor. – When proceedings are instituted, the judgment debtor shallmust
file with the court a schedule of:
(1) The debtor's assets, including their location;
(2) The debtor's
debts and the names and addresses of the debtor's creditors;
(3) The property that the debtor desires designated as exempt.
The form for the statement shall
be substantially as follows:
NORTH CAROLINA IN
THE GENERAL COURT
__________________ COUNTY OF
JUSTICE DISTRICT
COURT
DIVISION
CvD
Judgment Creditor ) SCHEDULE
OF DEBTOR'S
) PROPERTY
vs. ) AND
REQUEST TO
) SET
ASIDE EXEMPT
Judgment Debtor ) PROPERTY
NOTICE
TO JUDGMENT DEBTOR:
THERE
ARE CERTAIN EXEMPTIONS UNDER STATE AND FEDERAL LAW THAT YOU ARE ENTITLED TO
CLAIM IN ADDITION TO THE EXEMPTIONS LISTED BELOW.
These exemptions may include
social security benefits, unemployment benefits, workers' compensation
benefits, and earnings for your personal services rendered within the last 60
days. There is available to you a prompt procedure for challenging an
attachment or levy on your property.
I, ___________, being duly
sworn do depose and say:
(fill in your
name)
1. That I am a citizen and
resident of ____________________________ County,
North Carolina;
2. That I was born on ____________________;
(date
of birth)
3. That I am (married to
__________________)
(spouse's
name)
___________;
(not married)
4. That the following persons
live in my household and are in substantial need of my support:
NAME RELATIONSHIP
TO DEBTOR AGE
_________ __________________________________ ________
_________ __________________________________ ________
_________ __________________________________ ________
_________ __________________________________ ________
(Use additional space, as
necessary)
5. That (I own) (I am
purchasing) (I rent) (choose one; mark out the other choices) a (house)
(trailer) (apartment) (choose one; mark out the other choices)
located at
________________________________________________________
which is my residence. (address,
city, zip code)
6. That I (do) (do not) own any
other real property. If other real property is owned, list that property on the
following lines; if no other real property is owned, mark "not applicable"
on the first line.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
7. That the following persons
are, so far as I am able to tell, all of the persons or companies to whom I owe
money:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
8. That I wish to claim my
interest in the following real or personal property, or in a cooperative that
owns property, that I use as a residence or my dependent uses as a residence. I
also wish to claim my interest in the following burial plots for myself or my
dependents. I understand that my total interest claimed in the residence and
burial plots may not exceed $35,000, except that if I am unmarried and am 65
years of age or older, I am entitled to claim a total exemption in the
residence and burial plots not to exceed $60,000 so long as the property was
previously owned by me as a tenant by the entireties or as a joint tenant with
rights of survivorship, and the former co‑owner of the property is
deceased.
I understand that I am not
entitled to this exemption if I take the homestead exemption provided by the
Constitution of North Carolina in other property. I understand that if I wish
to claim more than one parcel exempt I must attach additional pages setting
forth the following information for each parcel claimed exempt.
Property Location:
County _______
Township _____________________________________________
Street Address
_______________________________________________________
Legal Description:
Number by which
county tax assessor identifies property ______________________
Description
(Attach a copy of your deed or other instrument of conveyance that describes
the property and indicate here: ________ or describe the property in as much
detail as possible.
Attach
additional sheets if necessary.)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Record Owner(s)
________________________________________________________
______________________________________________________________________
______________________________________________________________________
Estimated Value:
________________________________________________________
Lienholders:
(1) Name
____________________ Current Balance _________________________
Address __________________________________________________________
(2) Name
____________________ Current Balance _________________________
Address __________________________________________________________
(3) Name
____________________ Current Balance _________________________
Address __________________________________________________________
(4) If others,
attach additional pages.
If you are unmarried and 65
years of age or older, specify which, if any, property listed above was
previously owned by you as a tenant by the entireties or as a joint tenant with
rights of survivorship and as to which the former co‑owner of the
property is deceased:
9. That I wish to claim the
following life insurance policies whose sole beneficiaries are (my wife) (my
children) (my wife and children) as exempt:
Name of Insurer Policy
Number Face Value Beneficiary(ies)
_____________ ___________ __________ ___________________
_____________ ___________ __________ ___________________
_____________ ___________ __________ ___________________
10. That I wish to claim the
following items of health care aid necessary for (myself) (my dependents) to
work or sustain health:
Item Purpose Person
using item
__________ __________ _________________________
__________ __________ _________________________
__________ __________ _________________________
11. That I wish to claim the
following implements, professional books, or tools (not to exceed $2,000), of
my trade or the trade of my dependent. I understand that such property
purchased within 90 days of this proceeding may not be exempt:
Item Estimated
Value
__________ ________________________________
__________ ________________________________
__________ ________________________________
12. That I wish to claim the
following personal property consisting of household furnishings, household
goods, wearing apparel, appliances, books, animals, crops or musical
instruments as exempt from the claims of my creditors. I affirm, that these
items of personal property are held primarily for my personal, family or
household use or for such use by my dependents.
I understand that I am entitled
to personal property worth the sum of $5,000. I understand that I am also
entitled to $1,000 for each person dependent on me for support, but not to
exceed $4,000 for dependents. I further understand that I am entitled to this
amount after deduction from the value of the property the amount of any valid
lien or purchase money security interest and that property purchased within 90
days of this proceeding may not be exempt.
Item (or class) Amount
of Lien Location Estimated
of Property or
Security Value of
Interest Debtor's
Interest
__________ __________ ________ _______________
__________ __________ ________ _______________
__________ __________ ________ _______________
13. That I wish to claim my
interest in the following motor vehicle as exempt from the claims of my
creditors. I understand that I am entitled to my interest in a motor vehicle
worth the sum of $3,500 after deduction of the amount of any valid liens or
purchase money security interest. I understand that a motor vehicle purchased
within 90 days of this proceeding may not be exempt.
Make and Year Name(s)
of Name(s) of Estimated
Model of Title
Owner Lien Holder(s) Value of
Motor Vehicle of
Record of Record Debtor's
Interest
___________ ____ ____________ __________ _______________
14. That I wish to claim as
exempt the following compensation that I received or to which I am entitled for
the personal injury of myself or a person upon whom I was dependent for
support, including compensation from a private disability policy or an annuity,
or compensation that I received for the death of a person upon whom I was
dependent for support. I understand that this compensation is not exempt from
claims for funeral, legal, medical, dental, hospital or health care charges
related to the accident or injury that resulted in the payment of the
compensation to me. I understand that if I wish to claim more than one amount
of compensation exempt, I must attach additional pages setting forth the
following information for each amount of compensation claimed exempt.
(a) amount of
compensation
(b) method of
payment: lump sum or installments
(If installments, state amount,
frequency and duration of payments)
(c) name and
relationship to debtor of person(s) injured or killed giving rise to compensation
(d) location/source
of compensation if received in lump or installments, including name and account
number of any disability policy or annuity
(e) unpaid debts
arising out of the injury or death giving rise to compensation
Name and Address Services
Rendered Amount of Debt
________________ ________________ __________________________
________________ ________________ __________________________
15. That I wish to claim the
following property as exempt because I claimed residential real or personal
property as exempt that is worth less than $35,000 or I made no claim for a
residential exemption under section (8) above. I understand that I am entitled
to an exemption of up to $5,000 in any property only if I made no claim under
section (8) above or a claim that was less than $35,000 under section (8)
above. I understand that I am entitled to claim any unused amount that I was
permitted to make under section (8) above up to a maximum of $5,000 in any
property. (Examples: (a) if you claim $34,000 under section (8), $1,000 allowed
here; (b) if you claim $30,000 under section (8), $5,000 allowed here; (c) if
you claim $35,000 under section (8), no claim allowed here.) I further
understand that the amount of my claim under this section is after the deduction
from the value of this property of the amount of any valid lien or purchase
money security interests and that tangible personal property purchased within
90 days of this proceeding may not be exempt.
PERSONAL PROPERTY:
Property Location Amount
of Liens Value of
or
Purchase Money Debtor's
Security
Interests Interest
_____________
_____________
REAL PROPERTY (I understand that
if I wish to claim more than one parcel exempt, I must attach additional pages
setting forth the following information for each parcel claimed exempt):
Property Location
County _______
Township _____________________________________________
Street Address
_______________________________________________________
Legal Description:
Number by which
county tax assessor identifies property
____________________________________________________________________
____________________________________________________________________
Description
(Attach a copy of your deed or other instrument of conveyance that describes
the property and indicate here: _____ or describe the property in as much
detail as possible.
Attach
additional sheets if necessary.)
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
Record Owner(s):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Estimated Value:
Lienholders:
(1) Name
________ Current Balance _____________________________________
Address
_______________________________________________________________
(2) Name ________
Current Balance _____________________________________
Address
_______________________________________________________________
(3) Name
________ Current Balance _____________________________________
Address
_______________________________________________________________
(4) If others,
attach additional pages.
16. That I wish to claim as
exempt the following retirement plans that I have that are individual
retirement plans as described in the Internal Revenue Code or that are treated
in the same manner as an individual retirement plan under the Internal Revenue
Code, including individual retirement accounts and Roth retirement accounts as
described in section 408(a) and section 408A of the Internal Revenue Code,
individual retirement annuities as described in section 408(b) of the Internal
Revenue Code, and accounts established as part of a trust described in section
408(c) of the Internal Revenue Code.
Type of Retirement Account Name
of Account Account Number
______________________ ______________ ___________________
______________________ ______________ ___________________
______________________ ______________ ___________________
17. That I wish to claim as
exempt the following funds I hold in a college savings plan, not to exceed
$25,000. I understand that to qualify for this exemption, the college savings
plan must qualify as a college savings plan under section 529 of the Internal
Revenue Code, and the college savings plan must be for my child and must
actually be used for my child's college or university expenses. I understand I
may not exempt any funds I placed in this account within the preceding 12
months, except to the extent that any contributions were made in the ordinary
course of my financial affairs and were consistent with my past pattern of contributions.
College Savings Plan Account
Number Value Name(s) of Child(ren) Beneficiaries
_________________ _____________ ____ ____________________________
_________________ _____________ ____ ____________________________
_________________ _____________ ____ ____________________________
18. That I wish to claim as
exempt the following retirement benefits to which I am entitled to under the
retirement plans of other states and governmental units of other states. I
understand that these benefits are exempt only to the extent these benefits are
exempt under the laws of the state or governmental unit under which the benefit
plan was established.
State/Government Unit Name
of Retirement Plan Identifying Number
___________________ _____________________ _______________
___________________ _____________________ _______________
___________________ _____________________ _______________
19. That I wish to claim as
exempt any alimony, support, separate maintenance, or child support payments or
funds that I have received or that I am entitled to receive. I understand that
these payments are exempt only to the extent that they are reasonably necessary
for my support or for the support of a person dependent on me for support.
Type of Support Person
Paying Support Amount & Location of Funds
______________ ___________________ ________________________
______________ ___________________ ________________________
______________ ___________________ ________________________
20. That the following is a
complete listing of all of my assets that I have not claimed as exempt under
any of the preceding paragraphs:
Item Location Estimated
value
________ ________________ ___________________
________ ________________ ___________________
________ ________________ ___________________
This the ____
day of ____, ____
___________________
Judgment
Debtor
Sworn to and Subscribed before me
this ____ day of ____, ____.
________________________________
Notary Public
_____________________________ My Commission Expires: ____
(c1) Form for Debtor's Statement. – The Administrative Office of the Courts must provide a form for the schedule required under subsection (c) of this section. The form must include a statement to the effect that North Carolina law and federal law also exempt certain other property not included in the form, such as Social Security benefits, unemployment benefits, workers' compensation benefits, and earnings for the debtor's personal services rendered within the last 60 days.
(d) Notice to Persons
Affected. – If the judgment debtor moves to designate his exemptions, a
copy of the motion and schedule must be served on the judgment creditor as
provided in G.S. 1A‑1, Rule 5.
(e) Procedure for Setting Aside Exempt Property. –
(1) When served with the
notice provided in G.S. 1C‑1603(a)(4),under subdivision
(4) of subsection (a) of this section, the judgment debtor may either file
a motion to designate his exemptions with a schedule of assets or may
request, in writing, a hearing before the clerk to claim exemptions.
(2) If the judgment debtor
does not file a motion to designate exemptions with a schedule of assets within
20 days after notice of his the debtor's rights was served in
accordance with G.S. 1C‑1603(a)(4) subdivision (4) of
subsection (a) of this section, or if he the debtor does not
request a hearing before the clerk within 20 days after service of the notice
of rights and appear at the requested hearing, the judgment debtor has waived
the exemptions provided in this Article and in Sections 1 and 2 of Article X of
the North Carolina Constitution. Upon request of the judgment creditor, the
clerk shallmust issue a writ of execution or writ of possession.
(3) If the judgment debtor
moves to designate his exemptions by filing a motion and schedule of
assets, the judgment creditor is must be served as provided in G.S. 1C‑1603(d).subsection
(d) of this section.
(4) If the judgment debtor
requests a hearing before the clerk to claim exemptions, the clerk sets must
set a hearing date and gives give notice of the hearing to
the judgment debtor and judgment creditor. At the hearing, the judgment debtor
may claim his the debtor's exemptions.
(5) The judgment creditor has 10 days from the date served with a motion and schedule of assets or from the date of a hearing to claim exemptions to file an objection to the judgment debtor's schedule of exemptions.
(6) If the judgment creditor
files no objection to the schedule filed by the judgment debtor or claimed at
the requested hearing, the clerk shallmust enter an order
designating the property allowed by law and scheduled by the judgment debtor as
exempt property. Upon request of the judgment creditor, the clerk shallmust
issue an execution or writ of possession except for exempt property.
(7) If the judgment creditor objects to the schedule filed or claimed by the judgment debtor, the clerk must place the motion for hearing by the district court judge, without a jury, at the next civil session.
(8) The district court judge must determine the value of the property. The district court judge or the clerk, upon order of the judge, may appoint a qualified person to examine the property and report its value to the judge. Compensation of that person must be advanced by the person requesting the valuation and is a court cost having priority over the claims.
(9) The district court judge must enter an order designating exempt property. Supplemental reports and orders may be filed and entered as necessary to implement the order.
(10) Where the order designating exemptions indicates excess value in exempt property, the clerk, in an execution, may order the sale of property having excess value and appropriate distribution of the proceeds.
(11) The clerk or district
court judge may permit a particular item of property having value in excess of
the allowable exemption to be retained by the judgment debtor upon his the
debtor's making available to judgment creditors money or property not
otherwise available to them in an amount equivalent to the excess value.
Priorities of judgment creditors are the same in the substituted property as
they were in the original property.
(12) Appeal from a designation of exempt property by the clerk is to the district court judge. A party has 10 days from the date of entry of an order to appeal. Appeal from a designation of exempt property by a district court judge is to the Court of Appeals. Decisions of the Court of Appeals with regard to questions of valuation of property are final as provided in G.S. 7A‑28. Other questions may be appealed as provided in G.S. 7A‑30 and 7A‑31.
(f) Notation of Order on
Judgment Docket. – A notation of the order setting aside exempt property must
be entered by the clerk of court on the judgment docket opposite the judgment
that was the subject of the enforcement proceeding. If real property located in
a county other than the county in which the judgment was rendered is designated
as exempt and the judgment has already been docketed in that county, the clerk
must send a notice of the designation of exempt property to the county where
the property is located. The clerk of the county where the land is located shallmust
enter a notation of the designation of exempt property on the judgment docket.
If a judgment is docketed in a county where real property is located after that
real property has been designated as exempt, the transcript of judgment must
indicate that the exemptions have been designated. The clerk in the county
receiving the transcript must enter the notation of designation of exempt
property as well as docket the judgment.
(g) Modification. – The judgment debtor's exemption may be modified by motion in the original exemption proceeding by anyone who did not receive notice of the exemption hearing. Also, the debtor's exemption may be modified upon a change of circumstances, by motion in the original exemption proceeding, made by the debtor or anyone interested. A substantial change in value may constitute changed circumstances. Modification may include the substitution of different property for the exempt property.
(h) Repealed by Session Laws 1981 (Regular Session, 1982), c. 1224, s. 14."
SECTION 3.2. This Part becomes effective October 1, 2014. This Part does not affect any debtor's statements issued before that date.
PART IV. CLARIFY TIME FRAME FOR SUBSTITUTION OF PERSONAL REPRESENTATIVE
SECTION 4.1. G.S. 28A‑19‑1(c) reads as rewritten:
"(c) In an action
pending against the decedent at the time of the decedent's death, which action
survives at law, the court may order the substitution of the personal
representative or collector for the decedent on motion therefor and that motion
will constitute the presentation of a claim, provided that substitution
occurs within the time specified for the presentation of claims under G.S. 28A‑19‑3,
any claim pending in the action, provided that the substitution or a
motion for substitution is made within the time specified for the presentation
of claims under G.S. 28A‑19‑3, and no further presentation
is necessary. Such claim will be deemed to have been presented from the time of
the substitution, or motion therefor. Neither the timely substitution of the
personal representative nor timely motion therefor as provided in this
subsection extends the time for filing additional claims."
PART V. CLARIFY THAT COMMON LAW RULE AGAINST ACCUMULATIONS NO LONGER APPLIES TO TRUSTS
SECTION 5.1. G.S. 41‑23(h) reads as rewritten:
"(h) The provisions of G.S. 41‑15
and G.S. 41‑15, the common law rule against perpetuities
perpetuities, and the common law rule against accumulations do not
apply to trusts created or administered in this State."
PART VI. ALLOW VIDEOCONFERENCING BETWEEN A TREATMENT FACILITY AND A COURTROOM IN INPATIENT COMMITMENT HEARINGS
SECTION 6.1. G.S. 122C‑268(g) reads as rewritten:
"(g) Hearings may be
held in an appropriate room not used for treatment of clients at the facility
in which the respondent is being treated if it is located within the judge's
district court district as defined in G.S. 7A‑133 G.S. 7A‑133,
by interactive videoconferencing between a treatment facility and a courtroom, or
in the judge's chambers. A hearing may not be held in a regular courtroom, over
objection of the respondent, if in the discretion of a judge a more suitable
place is available."
PART VII. EFFECTIVE DATE
SECTION 7.1. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 30th day of July, 2014.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ Tim Moore
Presiding Officer of the House of Representatives
s/ Pat McCrory
Governor
Approved 5:07 p.m. this 6th day of August, 2014
