Archive

• Changes Specific to the Child’s Year’s Allowance in Decedents’ Estates

  This entry was contributed by Meredith Smith on February 16, 2024 at 3:20 pm and is filed under Estates.

  My prior post identified two key changes to the year’s allowance resulting from Session Law 2023-120: (i) the elimination of the one-year limitation period a surviving spouse and eligible children have to apply for the allowance, and (ii) the elevation of the assignment and payment of the spousal allowance over the child’s allowance. This post will focus on specific changes applicable to the child’s year’s allowance resulting from S.L. 2023-120. Continue Reading

• You May Not Need that Guardian of the Estate After All: Other Methods of Distributing Property to Minors

  This entry was contributed by Meredith Smith on February 2, 2019 at 1:42 am and is filed under Estates.

  A guardian of the estate for any unemancipated minor may be appointed under G.S. Chapter 35A to receive and administer property on the minor’s behalf.  G.S. 35A-1221; G.S. 35A-1251; G.S. 35A-1202(12) (requiring also that the minor must not be married).  This is because such minors are legally incompetent to transact business or give consent for most purposes.  G.S. 35A-1201(a)(6); see G.S. 7B-3507 (rights of emancipated minors).  Unemancipated minors therefore need responsible, accountable adults to handle property or benefits to which they are entitled.  Id. 

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