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Current Status Bill Number:View additional legislative information at the LPITS web site.210 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990112 Primary Sponsor:Thomas All Sponsors:Thomas Drafted Document Number:l:\council\bills\bbm\9977mm99.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Homestead estate, joint tenancy in with spouse at time of death, survivorship; Trusts and Estates History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990112 Introduced, read first time, 11 SJ referred to Committee Senate 19981216 Prefiled, referred to Committee 11 SJ Versions of This Bill
TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO A JOINT TENANCY, SO AS TO PROVIDE FOR DISTRIBUTION OF A HOMESTEAD ESTATE HELD IN JOINT TENANCY TO THE SURVIVING SPOUSE ABSENT AN EXPRESS PROVISION IN THE INSTRUMENT CREATING THE JOINT TENANCY DENYING THE EXISTENCE OF THE RIGHT TO SURVIVORSHIP.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 62-2-804 of the 1976 Code, as last amended by Act 405 of 1996, is further amended to read:
"Section 62-2-804. (A) Except as otherwise provided in this section, when any a person is seized or possessed of any estate of joint tenancy at the time of his death, such joint tenancy is deemed to have been severed by the death of the joint tenant and such estate is distributable as a tenancy in common unless the instrument which created the joint tenancy, including any instrument in which one person conveys to himself and one or more other persons, or two or more persons convey to themselves, or to themselves and another or others, expressly provides for a right of survivorship, in which case the severance shall not occur.
(B) When a person is seized or possessed of a joint tenancy in a homestead estate with his spouse at the time of his death, the joint tenancy survives the death of the joint tenant and the estate is distributable to the surviving spouse unless the instrument creating the joint tenancy, including any instrument in which one person conveys to himself and his spouse, or in which the husband and wife convey to themselves, expressly provides that the right of survivorship does not exist, in which case the severance of the joint tenancy shall occur."
SECTION 2. This act takes effect upon approval by the Governor.
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