North Carolina 2019-2020 Session Status: In Committee 1 R cosponsors

HB 926 — Changes to Estates & Trusts Statutes.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

78 added · 77 removed

Plain-language change summary

The amended version of House Bill 926 clarifies that every surviving spouse is entitled to a financial allowance of $60,000 to support them for one year after the death of their partner, regardless of whether they have petitioned for an elective share. This allowance is protected from legal claims against the deceased's property, ensuring that the surviving spouse can access these funds without interference. Additionally, the amendment allows legal actions to modify or terminate a trust to be started at any time, which provides more flexibility for individuals managing trusts. Overall, these changes aim to provide better financial security for surviving spouses and simplify trust management.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 1 HOUSE BILL 926* Short Title:
926 Apr 16, 2019 SESSION 2019 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH10295-MQ-45A* Short Title:
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED ANACTTOMAKEVARIOUS CHANGES TO THEGENERALSTATUTES CONCERNING ESTATES, TRUSTS, AND GUARDIANSHIPS, AS RECOMMENDED BY THE NORTH CAROLINA BAR ASSOCIATION.
Judiciary, if favorable, Rules, Calendar, and Operations of the House April 22, 2019 A BILL TO BE ENTITLED ANACT TOMAKEVARIOUS CHANGES TO THEGENERALSTATUTES CONCERNING ESTATES, TRUSTS, AND GUARDIANSHIPS, AS RECOMMENDED BY THE NORTH CAROLINA BAR ASSOCIATION.
(c) If proceedings involving the same respondent are brought under this Subchapter in morethan onecountyin which venueis proper,venueshall bein thecountyin which proceedings were commenced first.
(c) If proceedings involving the same respondent are brought under this Subchapter in morethanonecountyin which venueis proper,venueshall bein thecountyin whichproceedings were commenced first.
Every surviving spouse of an intestate or of a testator, whether or not the surviving spouse has petitioned for an elective share, shall, unless the surviving spouse has forfeited the surviving *DRH10295-MQ-45A* General Assembly Of North Carolina Session 2019 spouse's right thereto, as provided bylaw,beentitled,out ofthepersonal propertyofthedeceased spouse,to an allowanceofthevalueofsixtythousanddollars($60,000)forthesurvivingspouse's support for one year after the death of the deceased spouse.
*H926-v-1* General Assembly Of North Carolina Session 2019 Every surviving spouse of an intestate or of a testator, whether or not the surviving spouse has petitioned for an elective share, shall, unless the surviving spouse has forfeited the surviving spouse's right thereto, as provided bylaw,beentitled,out ofthepersonal propertyofthedeceased spouse,to an allowanceofthevalueofsixtythousanddollars($60,000)forthesurvivingspouse's support for one year after the death of the deceased spouse.
(1) Actions to reform, terminate, or modifya trust as provided by G.S.
(1) Actions to reform, terminate, or modifya trust as provided byG.S.
(c) Where the beneficiaries of an a noncharitable irrevocable trust seek to compel a termination of the trust and the continuance of the trust is necessary to carry out a material purpose of the trust, or where the beneficiaries seek to compel a modification of the trust in a manner that is inconsistent with its material purpose, the trust may be modified or terminated, in the discretion of the court, only if the court determines that the reason for modifying or Page 2 DRH10295-MQ-45A* General Assembly Of North Carolina Session 2019 terminating the trust under the circumstances substantially outweighs the interest in accomplishing a material purpose of the trust.
(c) Where the beneficiaries of an a noncharitable irrevocable trust seek to compel a termination of the trust and the continuance of the trust is necessary to carry out a material purpose of the trust, or where the beneficiaries seek to compel a modification of the trust in a manner that is inconsistent with its material purpose, the trust may be modified or terminated, in Page 2 House Bill 926*-First Edition General Assembly Of North Carolina Session 2019 the discretion of the court, only if the court determines that the reason for modifying or terminating the trust under the circumstances substantially outweighs the interest in accomplishing a material purpose of the trust.
DRH10295-MQ-45A* Page 3
House Bill 926*-First Edition Page 3
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Action History

  1. Passed 1st Reading

  2. Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 178 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (178)

178 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

finance
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Frequently asked questions

Who sponsors HB 926?
HB 926 is sponsored by Destin Hall (Republican).
What is the current status of HB 926?
This bill died with 2019-2020 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 926?
Track HB 926 free on One Click Politics — get push/email alerts when it moves.

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