GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 400

 
 
Short Title:	LRC Study Wrongful Death Proceeds.	()	
Sponsors:	Representatives Haire; and Barefoot.	
Referred to:	Rules, Calendar, and Operations of the House.	
March 1, 2001

	A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE THE LEGISLATIVE RESEARCH COMMISSION TO STUDY THE DISTRIBUTION OF WRONGFUL DEATH PROCEEDS IN CERTAIN CASES AS RECOMMENDED BY THE CIVIL LITIGATION STUDY COMMISSION.

The General Assembly of North Carolina enacts:
SECTION 1.  The Legislative Research Commission may study State law pertaining to the distribution of wrongful death proceeds in certain cases involving minor children where the children’s parents are living separate and apart or are divorced from each other at the time of death.  The study may include consideration of the following issues:
(1)	Whether the wrongful death statute needs revision to modify the distribution of wrongful death proceeds under circumstances involving the death of a minor child where the child’s parents are living separate and apart or are divorced and where the parents have provided unequal support for the child not rising to the level of willful abandonment under G.S. 31A‑2, Acts barring rights of parents.
(2)	Whether circumstances other than willful abandonment should bar a parent from receiving all or part of his or her share of wrongful death proceeds resulting from the death of the parent’s child.
(3)	Whether in situations involving the death of a minor child the courts should be authorized to make findings regarding the relationship of each beneficiary to the deceased to determine each beneficiary’s equitable share of wrongful death proceeds.
(4)	Whether the definition of “abandonment” under G.S. 31A‑2, Acts barring rights of parents, should be modified, or whether the distribution of a minor’s estate under intestate succession should be based on equitable considerations.
SECTION 2.  The Legislative Research Commission may make an interim report to the 2001 General Assembly, Regular Session 2002, and shall make a final report to the 2003 General Assembly upon its convening.  The reports may include proposed legislation to carry out the recommendations of the study.
SECTION 3.  This act is effective when it becomes law.