35A-1350. Declaration and gift for certain purposes authorized with approval of judge of superior court. When a person has created a revocable trust, reserving the income for life, and thereafter has been judicially declared to be incompetent, the guardian or trustee of such incompetent, with the approval of the resident judge of the superior court […]
35A-1351. Prerequisites to approval of gift. The judge shall not approve the gift unless it appears to the judge’s satisfaction that: (1) It is improbable that the incompetent will recover competency during his or her lifetime; (2) The estate of the incompetent, after making the gift and after payment of any gift taxes which may […]
35A-1352. Who deemed specific and residuary devisees of incompetent under 35A-1351. For purposes of G.S. 35A-1351(5)a. of this Article, if such paper-writing provides for the residuary estate to be placed in trust for a term of years, with stated amounts of income payable to designated beneficiaries during the term and stated amounts payable to designated […]
35A-1353. Notice to minors and incompetents under 35A-1351. If any person, to whom notice must be given under the provisions of G.S. 35A-1351(5) of this Article, is a minor or is incompetent, then the notice shall be given to his duly appointed guardian or other duly appointed representative: Provided, that if a minor or incompetent […]
35A-1354. Objections to proposed declaration and gift; fact that incompetent had not 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 […]
35A-1355. Validity of declaration and gift. Such declaration and gift, when made with the approval of the judge and under the provisions of this Article, shall be deemed to be the declaration and gift of the incompetent and shall be as valid in all respects as if made by a competent person. (1963, c. 113, […]
