§ 41-65 – Entireties property conveyed to trusts.
41-65. Entireties property conveyed to trusts. (a) Any real property held by spouses as tenants by the entirety and conveyed (i) to a joint trust or (ii) in equal shares to two separate trusts shall no longer be held by the spouses as tenants by the entirety and shall be disposed of by the terms […]
§ 41-66 – Common law of tenancy by the entirety; equitable principles.
41-66. Common law of tenancy by the entirety; equitable principles. The common law of tenancy by the entirety and principles of equity supplement this Article except to the extent it conflicts or is inconsistent with a provision of this Article or the laws of this State. (2020-50, s. 1(a), (c).)
§ 41-70 – Definitions.
41-70. Definitions. For the purposes of this Article, the following definitions apply: (1) Conveyance. – A transfer of title to real or personal property by deed, devise, assignment, or other means of transferring title. (2) Termination. – A severance of the right of survivorship resulting in the creation of a tenancy in common as provided […]
§ 41-71 – Creation of a joint tenancy with right of survivorship.
41-71. Creation of a joint tenancy with right of survivorship. (a) A conveyance to two or more persons creates a tenancy in common unless a joint tenancy with right of survivorship is created as provided in subsection (b) of this section or a tenancy by the entirety is created as provided by the law governing […]
§ 41-72 – Determination of the interests of joint tenants in a joint tenancy with right of survivorship.
41-72. Determination of the interests of joint tenants in a joint tenancy with right of survivorship. (a) The interests of joint tenants in a joint tenancy with right of survivorship shall be deemed to be equal unless otherwise provided in the instrument of conveyance. (b) This section shall apply to any conveyance of an interest […]
§ 41-73 – Termination of a joint tenancy with right of survivorship.
41-73. Termination of a joint tenancy with right of survivorship. (a) Events terminating a joint tenancy with right of survivorship due to the collective action of all joint tenants include the following: (1) The conveyance to a third party by all of the joint tenants of all of their interests in the property held in […]
§ 41-74 – Application of 120-hour survival requirement to joint tenancy with right of survivorship.
41-74. Application of 120-hour survival requirement to joint tenancy with right of survivorship. The provisions of G.S. 28A-24-3 apply to joint tenancy interests among two or more joint tenants holding property in joint tenancy with right of survivorship upon the death of one or more of the joint tenants. (1784, c. 204, s. 6; R.C., […]
§ 41-75 – Inapplicability of Article.
41-75. Inapplicability of Article. This Article does not apply to any of the following: (1) Executors or trustees in their representative capacity. (2) Partnerships governed by Chapter 59 of the General Statutes. (3) Business entities. (4) Accounts established under G.S. 41-2.1 or G.S. 41-2.2 to the extent inconsistent with the provisions of this Article. (5) […]
§ 41-44 – Form of registration in beneficiary form.
41-44. Form of registration in beneficiary form. Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD", or by the words "pay on death" or the abbreviation "POD", after the name of the registered owner or owners and before the name of a beneficiary. (2005-411, s. 1.)
§ 41-45 – Effect of registration in beneficiary form.
41-45. Effect of registration in beneficiary form. The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership of the security until the owner’s death. A registration of a security in beneficiary form may be cancelled or changed at any time by the sole owner or all then-surviving owners, […]