GENERAL ASSEMBLY OF NORTH CAROLINA

1993 SESSION

 

 

CHAPTER 308

HOUSE BILL 545

 

AN ACT TO IMPLEMENT A RECOMMENDATION OF THE GENERAL STATUTES COMMISSION TO MAKE TECHNICAL AMENDMENTS REGARDING THE RENUNCIATION OF PROPERTY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 31B-3(b) reads as rewritten:

"(b)      In the event that the property or interest renounced was created by testamentary disposition, the devolution of the property or interest renounced shall be governed by G.S. 31-42(a) and (b) notwithstanding that in fact the renouncer has not actually died before the testator."

Sec. 2.  G.S. 31B-3 is amended by adding a new subsection to read:

"(c)      In the event that the decedent dies intestate, or the ownership or succession to property or to an interest is to be determined as though a decedent had died intestate, and the renouncer has living issue who would have been entitled to an interest in the property or interest if the renouncer had predeceased the decedent, then the property or interest renounced shall be distributed to such issue, per stirpes.  If the renouncer does not have such issue, then the property or interest shall be distributed as though the renouncer had predeceased the decedent."

Sec. 3.  This act becomes effective October 1, 1993, and applies to any renunciation made on or after that date.

In the General Assembly read three times and ratified this the 8th day of July, 1993.

 

 

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Dennis A. Wicker

President of the Senate

 

 

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Daniel Blue, Jr.

Speaker of the House of Representatives