§ 28A-24-3 – Co-owners with right of survivorship; requirement of survival by 120 hours.
28A-24-3. Co-owners with right of survivorship; requirement of survival by 120 hours. Except as otherwise provided in this Article: (1) If there are two or more co-owners with right of survivorship and it is not established by clear and convincing evidence that at least one of them survived the other or others by at least […]
§ 28A-24-4 – Survival of an event; 120-hour period not applicable.
28A-24-4. Survival of an event; 120-hour period not applicable. For purposes of a governing instrument that requires survival of an event, other than the death of another individual, the 120-hour survivorship requirement of this Article does not apply. (1947, c. 1016, s. 4; 1973, c. 1329, s. 3; 2007-132, s. 1.)
§ 28A-24-5 – Victim deemed to survive slayer.
28A-24-5. Victim deemed to survive slayer. Notwithstanding any other provisions of this Article, solely for the purpose of determining whether the victim is entitled to any right or benefit that depends on surviving the death of a slayer under G.S. 31A-3, the slayer is deemed to have predeceased the victim and the victim is deemed […]
§ 28A-24-6 – Exceptions to the 120-hour survival requirement.
28A-24-6. Exceptions to the 120-hour survival requirement. Survival by 120 hours is not required if any of the following apply: (1) The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and the language is operable under the facts of the case. (2) The governing instrument expressly indicates that […]
§ 28A-24-7 – Evidence of death or status.
28A-24-7. Evidence of death or status. For purposes of this Article, the following rules of evidence apply relating to the determination of death and status of a beneficiary subject to a requirement of survivorship and of the person the beneficiary must survive: (1) Death occurs when an individual is determined to be dead pursuant to […]
§ 28A-24-8 – Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient.
28A-24-8. Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient. (a) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a person designated in a governing instrument who, under this Article, is not entitled […]
§ 28A-24-1 – Definitions.
28A-24-1. Definitions. In this Article: (1) "Co-owners with right of survivorship" includes joint tenants in a joint tenancy with right of survivorship, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitle one or more to the whole of the property or account on the death of the other […]
§ 28A-24-2 – Requirement of survival by 120 hours.
28A-24-2. Requirement of survival by 120 hours. (a) Except as otherwise provided in this Article, where the title to property, the devolution of property, the right to elect an interest in property, or any other right or benefit depends upon an individual’s survivorship of the death of another individual, an individual who is not established […]