South Carolina General Assembly
111th Session, 1995-1996

Bill 4409


                    Current Status

Bill Number:                    4409
Ratification Number:            422
Act Number:                     405
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19960109
Primary Sponsor:                Cotty
All Sponsors:                   Cotty, Harrison, Sheheen, Huff,
                                Fleming, Hodges, Jennings and Limbaugh
Drafted Document Number:        pt\2131jm.96
Date Bill Passed both Bodies:   19960515
Date of Last Amendment:         19960509
Governor's Action:              S
Date of Governor's Action:      19960529
Subject:                        Severance of joint tenancy upon
                                death of joint tenant

History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960621  Act No. A405
------  19960529  Signed by Governor
------  19960523  Ratified R422
House   19960515  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  19960510  Read third time, returned to House
                  with amendment
Senate  19960509  Unanimous consent for third
                  reading on Friday, 19960510
Senate  19960509  Amended, read second time
Senate  19960508  Committee report: Favorable with         11 SJ
                  amendment
Senate  19960227  Introduced, read first time,             11 SJ
                  referred to Committee
House   19960222  Read third time, sent to Senate
House   19960221  Read second time
House   19960214  Committee report: Favorable with         25 HJ
                  amendment
House   19960109  Introduced, read first time,             25 HJ
                  referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A405, R422, H4409)

AN ACT TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE, INTESTATE SUCCESSION AND WILLS, AND THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE FURTHER FOR THE TYPE OF INSTRUMENT WHICH PRECLUDES THE SEVERANCE OF A JOINT TENANCY UPON THE DEATH OF A JOINT TENANT.

Be it enacted by the General Assembly of the State of South Carolina:

Joint tenancy, preclusion of severance; instrument

SECTION 1. Section 62-2-804 of the 1976 Code, as amended by Section 14 of Act 171 of 1987, is further amended to read:

"Section 62-2-804. When any 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."

Time effective; application

SECTION 2. This act takes effect upon approval by the Governor and applies to joint tenancies created either prior to or after the effective date of the act.

Approved the 29th day of May, 1996.