2009 North Carolina Code
Chapter 35A - Incompetency and Guardianship.
§ 35A-1342. Who deemed specific and residuary legatees and devisees of incompetent under § 35A-1341.

§ 35A‑1342.  Who deemed specific and residuary legatees and 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 legatees, 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 legatees, 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 legatee, 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.)