33B-9. Use of custodial trust property.
(a) A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.
(b) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and the spouse and children, and other dependents of the beneficiary. Expenditures may be made in the manner, when, and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income, or property of the beneficiary.
(c) A custodial trustee may establish checking, savings, or other similar accounts of reasonable amounts from which either the custodial trustee or the beneficiary may withdraw funds or against which either may draw checks. Funds withdrawn from, or checks written against, the account of the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary. (1995, c. 486, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 33B - North Carolina Uniform Custodial Trust Act
§ 33B-2 - Custodial trust; general.
§ 33B-3 - Custodial trust to begin in the future.
§ 33B-4 - Form and effect of receipt and acceptance by custodial trustee; jurisdiction.
§ 33B-5 - Transfer to custodial trustee by fiduciary or obligor; facility of payment.
§ 33B-6 - Single beneficiaries; separate custodial trusts.
§ 33B-7 - General duties of custodial trustee.
§ 33B-8 - General powers of custodial trustee.
§ 33B-9 - Use of custodial trust property.
§ 33B-10 - Determination of incapacity; effect.
§ 33B-11 - Third-party transactions.
§ 33B-12 - Liability to the third person.
§ 33B-14 - Expenses, compensation, and bond of custodial trustee.
§ 33B-16 - Limitations of action against custodial trustee.
§ 33B-17 - Distribution on termination.
§ 33B-18 - Methods and forms of creating custodial trusts.