NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

 

 

CHAPTER 757

SENATE BILL 359

 

 

AN ACT TO REWRITE G.S. 29-21 AND G.S. 29-22 TO RECOGNIZE INHERITANCE RIGHTS OF THE FATHER OF AN ILLEGITIMATE INTESTATE AS PROVIDED FOR IN G.S. 29-19.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 29-21, as it appears in 1976 Replacement Volume 2A of the General Statutes, is rewritten to read as follows:

"§ 29-21.  Share of surviving spouse. — The share of the surviving spouse of an illegitimate intestate shall be the same as provided in G.S. 29-14 for the surviving spouse of a legitimate person. In determining whether the illegitimate intestate is survived by one or more parents as provided in G.S. 29-14(3), any person identified as the father under G.S. 29-19(b)(1) or (b)(2) shall be regarded as a parent."

Sec. 2.  G.S. 29-22, as it appears in 1976 Replacement Volume 2A of the General Statutes, is rewritten to read as follows:

"§ 29-22.  Shares of others than the surviving spouse. — Those persons surviving the illegitimate intestate, other than the surviving spouse, shall take that share of the net estate provided in G.S. 29-15. In determining whether the illegitimate intestate is survived by one or more parents or their collateral kindred as provided in G.S. 29-15, any person identified as the father under G.S. 29-19(b)(1) or (b)(2) shall be regarded as a parent."

Sec. 3.  G.S. 29-19(b)(1) is rewritten to read as follows:

"(1)      Any person who has been finally adjudged to be the father of such child pursuant to the provisions of G.S. 49-1 through 49-9 or the provisions of G.S. 49-14 through 49-16;."

Sec. 4.  This act shall become effective upon ratification and shall be effective as to estates of decedents dying on or after September 1, 1977.

In the General Assembly read three times and ratified, this the 27th day of June, 1977.