§ 35A-1350 – Declaration and gift for certain purposes authorized with approval of judge of superior court.
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.
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.
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-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.)
§ 35A-1340 – Gifts authorized with approval of judge of superior court.
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.
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 […]