35A-1340. Gifts authorized with approval of judge of superior court. With the approval of the resident judge of the superior court of the district in which the guardian was appointed upon a duly verified petition, the guardian of a person judicially declared to be incompetent may, from the principal of the incompetent’s estate, make gifts […]
35A-1341. Prerequisites to approval by judge of gifts for governmental or charitable purposes. The judge shall not approve any gifts from principal for governmental or charitable purposes unless it appears to the judge’s satisfaction all of the following requirements are met: (1) The making of the gifts will not leave the incompetent’s remaining principal estate […]
35A-1341.1. Prerequisites to approval by judge of gifts to individuals. The judge shall not approve gifts from principal to individuals unless it appears to the judge’s satisfaction that all of the following requirements have been met: (1) Making the gifts will not leave the incompetent’s remaining principal estate insufficient to provide reasonable and adequate income […]
35A-1342. Who deemed specific and residuary devisees of incompetent under 35A-1341. For purposes of G.S. 35A-1341(6)a and G.S. 35A-1341.1(4) and (5), if the paper-writing provides for the residuary estate to be placed in trust for a term of years, or if the paper-writing names as beneficiary a revocable trust created by the incompetent, and the […]
35A-1343. Notice to minors and incompetents under 35A-1341 and 35A-1341.1. If any person, to whom notice must be given under the provisions of G.S. 35A-1341 and G.S. 35A-1341.1 is a minor or is incompetent, or is an unborn or unascertained beneficiary, then the notice shall be given to his duly appointed guardian or other duly […]
35A-1344. Objections to proposed gift; fact that incompetent had previously made similar gifts. If any objection is filed by one to whom notice has been given under the terms of this Article, the clerk shall bring it to the attention of the judge, who shall hear the same, and determine the validity and materiality of […]
35A-1345. Validity of gift. A gift made with the approval of the judge under the provisions of this Article shall be deemed to be a gift made by the incompetent, and shall be as valid in all respects as if made by a competent person. (1963, c. 112, s. 6; 1987, c. 550, s. 5.)
