North Carolina General Statutes 50-79. Collaborative law procedures surviving death
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Terms Used In North Carolina General Statutes 50-79
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
Consistent with N.C. Gen. Stat. § 50-20(l), the personal representative of the estate of a deceased spouse may continue a collaborative law procedure with respect to equitable distribution that has been initiated by a collaborative law agreement prior to death, notwithstanding the death of one of the spouses. The provisions of N.C. Gen. Stat. § 50-73 shall apply to time limits applicable under N.C. Gen. Stat. § 50-20(l) for collaborative law procedures continued pursuant to this section. (2003-371, s. 1.)