§ 35A-1355 – Validity of declaration and gift.
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, […]
§ 35A-1360 – Deeds by guardians omitting seal, prior to January 1, 1944, validated.
35A-1360. Deeds by guardians omitting seal, prior to January 1, 1944, validated. All deeds executed prior to the first day of January, 1944, by any guardian, acting under authority obtained by him from the superior court as required by law, in which the guardian has omitted to affix his seal after his signature and/or has […]
§ 35A-1361 – Certain private sales validated.
35A-1361. Certain private sales validated. All private sales of real and personal property made by a guardian under Article 4 of this Chapter before June 1, 1985, that, under G.S. 1-339.36, should have been conducted as public sales because an upset bid was submitted, are validated to the same extent as if the guardian had […]
§ 35A-1342 – Who deemed specific and residuary devisees of incompetent under § 35A-1341.
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.
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-1335 – Gifts authorized with approval of judge of superior court.
35A-1335. 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 income of the incompetent, make gifts to […]
§ 35A-1336 – Prerequisites to approval by judge of gifts for governmental or charitable purposes.
35A-1336. Prerequisites to approval by judge of gifts for governmental or charitable purposes. The judge shall not approve gifts from income for governmental or charitable purposes unless it appears to the judge’s satisfaction that all of the following apply: (1) After making the gifts and the payment of federal and State income taxes, the remaining […]
§ 35A-1336.1 – Prerequisites to approval by judge of gifts to individuals.
35A-1336.1. Prerequisites to approval by judge of gifts to individuals. The judge shall not approve gifts from income to individuals unless it appears to the judge’s satisfaction that both the following requirements are met: (1) After making the gifts and paying federal and State income taxes, the remaining income of the incompetent will be reasonable […]
§ 35A-1337 – Fact that incompetent had not previously made similar gifts.
35A-1337. Fact that incompetent had not previously made similar gifts. The judge shall not withhold his approval merely because the incompetent, prior to becoming incompetent, had not made gifts to the same donees or other gifts similar in amount or type. (1963, c. 111, s. 3; 1987, c. 550, s. 4.)
§ 35A-1338 – Validity of gift.
35A-1338. Validity of gift. A gift made with the approval of the judge under the provisions of this Article shall be deemed a gift by the incompetent and shall be as valid in all respects as if made by a competent person. (1963, c. 111, s. 4; 1987, c. 550, s. 4.)