S 1202 General Bill, By Hayes
Summary: Probate
    A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-2-805 SO AS TO PROVIDE FOR A PRESUMPTION THAT A DECEDENT AND THE DECEDENT'S SPOUSE HELD TANGIBLE PERSONAL PROPERTY IN A JOINT TENANCY WITH RIGHT TO SURVIVORSHIP, FOR EXCEPTIONS TO THE PRESUMPTION, AND FOR THE STANDARD OF PROOF OVERCOMING THE PRESUMPTION; TO AMEND SECTION 62-2-207, AS AMENDED, RELATING TO THE DETERMINATION OF AN ELECTIVE SHARE OF A SPOUSE, SO AS TO CLARIFY THAT AN INTEREST AS A BENEFICIARY IN A TESTAMENTARY TRUST OR PROPERTY PASSING TO AN INTER VIVOS TRUST THROUGH THE DECEDENT'S WILL ARE BENEFICIAL INTERESTS CHARGEABLE TO THE ELECTIVE SHARE; TO AMEND SECTION 62-3-1001, AS AMENDED, RELATING TO REQUIRED FILINGS IN THE PROBATE COURT, SO AS TO ALLOW INTERESTED PERSONS TO WAIVE THE FILING OF AN ACCOUNTING, A PROPOSAL FOR DISTRIBUTION OF ASSETS, OR A NOTICE OF THE RIGHT TO DEMAND A HEARING; AND TO AMEND SECTION 62-7-401, AS AMENDED, RELATING TO CREATION OF A TRUST, SO AS TO PROVIDE FOR THE INCLUSION OF A SURVIVING SPOUSE'S BENEFICIAL INTERESTS IN TRUST PROPERTY IN CALCULATING THE ELECTIVE SHARE.
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03/01/06	Senate	Introduced and read first time SJ-18
03/01/06	Senate	Referred to Committee on Judiciary SJ-18
03/08/06	Senate	Referred to Subcommittee: Gregory (ch), Elliott, Anderson, Ritchie, Cleary