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 trust or trusts include dispositive provisions which provide that assets continue 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 beneficiaries upon termination of the trust or trusts, the designated beneficiaries shall be deemed to be specific devisees and beneficiaries and those taking the remaining income of the trust or trusts and, at the end of the term, the remaining principal shall be deemed to be residuary devisees and beneficiaries who would take under the paper-writing or revocable trust or both if the incompetent died contemporaneously with the signing of the order of approval of the gifts. In no case shall any prospective executor or trustee be considered either a specific or residuary devisee or beneficiary on the sole basis of prospective service as executor or trustee. (1963, c. 112, s. 3; 1987, c. 550, s. 5; 1999-270, s. 7; 2011-284, s. 42.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 35A - Incompetency and Guardianship
Article 18 - Gifts from Principal for Certain Purposes.
§ 35A-1340 - Gifts authorized with approval of judge of superior court.
§ 35A-1341 - Prerequisites to approval by judge of gifts for governmental or charitable purposes.
§ 35A-1341.1 - Prerequisites to approval by judge of gifts to individuals.
§ 35A-1342 - Who deemed specific and residuary devisees of incompetent under § 35A-1341.
§ 35A-1343 - Notice to minors and incompetents under § 35A-1341 and § 35A-1341.1.
§ 35A-1344 - Objections to proposed gift; fact that incompetent had previously made similar gifts.