§ 35A-1341.1 – Prerequisites to approval by judge of gifts to individuals.
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.
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-1325 – Advancements to be equal; accounted for on death.
35A-1325. Advancements to be equal; accounted for on death. The clerk, in ordering such advancements, shall, as far as practicable, so order the same as that, on the death of the incompetent person, his estate shall be distributed among his distributees in the same equal manner as if the advancements had been made by the […]
§ 35A-1326 – Advancements to those most in need.
35A-1326. Advancements to those most in need. When the surplus aforesaid or advancement from the principal estate is not sufficient to make distribution among all the parties, the clerk may select and decree advancement to such of them as may most need the same, and may apportion the sum decreed in such amounts as are […]
§ 35A-1327 – Advancements to be secured against waste.
35A-1327. Advancements to be secured against waste. It is the duty of the clerk to withhold advancements from such persons as will probably waste them, or so to secure the same, when they may have families, that it may be applied to their support and comfort; but any sum so advanced shall be regarded as […]
§ 35A-1328 – Appeal; removal to superior court.
35A-1328. Appeal; removal to superior court. Any person made a party may appeal from any order of the clerk; or may, when the pleadings are finished, require that all further proceedings shall be had in the superior court. (R.C., c. 57, s. 15; Code, s. 1683; Rev., s. 1906; C.S., s. 2302; 1987, c. 550, […]
§ 35A-1329 – Advancements only when incompetence permanent.
35A-1329. Advancements only when incompetence permanent. No such application shall be allowed under this Article but in cases of such permanent and continued incompetence as that the incompetent person shall be judged by the clerk to be incapable, notwithstanding any lucid intervals, to make advancements with prudence and discretion. (R.C., c. 57, s. 16; Code, […]
§ 35A-1330 – Orders suspended upon restoration of competence.
35A-1330. Orders suspended upon restoration of competence. Upon such incompetent person’s being restored to competence, every order made for advancements shall cease to be further executed, and his estate shall be discharged of the same. (R.C., c. 57, s. 17; Code, s. 1685; Rev., s. 1908; C.S., s. 2304; 1987, c. 550, ss. 3, 3.2.)
§ 35A-1321 – Advancement of surplus income to certain relatives.
35A-1321. Advancement of surplus income to certain relatives. When any incompetent person, of full age, and not having made a valid will, has children or grandchildren (such grandchildren being the issue of a deceased child), and is possessed of an estate, real or personal, whose annual income is more than sufficient abundantly and amply to […]