North Carolina · statute · N.C. Gen. Stat. ch. 28B · 10 active provisions
Absentee in military service; definition. Any person serving in or with the Armed Forces of the United States, in or with the Red Cross, in or with the United States Merchant Marine, during any time when a state of hostilities exists between the United States and any other power, who has been reported or listed by the…
Action for receiver; jurisdiction; contents of complaint. (a) Whenever any absentee in military action as defined in this Chapter has an interest in any form of property in this State and has not provided an adequate power of attorney authorizing another to act in his behalf in regard to such property or interest, any…
Notice; hearing; guardian ad litem. (a) Notice of the hearing on the complaint to appoint a receiver shall be given to all persons named in the petition by registered mail or certified mail with return receipt requested. (b) The judge shall hear evidence on the questions of whether the person alleged to be missing or c…
Order of appointment. (a) If after the hearing, the court is satisfied that said person is, in fact, an absentee in military service as defined in G.S. 28B-1 and that it is necessary that a receiver be appointed, he shall appoint a receiver of the estate and property of said absentee in military service under the super…
Bond; inventory; accounting. (a) Before receiving any property the judge shall require the receiver to qualify by giving bond in an amount and with surety approved by him. (b) Within 30 days after the date of his appointment, the receiver shall file an inventory of all of the property of the absentee in military servic…
Powers and duties of receiver. (a) Under the direction of a judge, the receiver shall administer the property of the absentee in military service as an equity receivership with the following powers: (1) To take custody and control of all property of the absentee in military service wherever situated. (2) To collect all…
Resignation and removal. (a) A receiver appointed under authority of this Chapter may resign and his successor be appointed by complying with the provisions set forth in G.S. 36-9 through 36-18.2. (b) If, after a receiver has been appointed, it is made to appear to the court upon the filing of a complaint or upon infor…
Termination of receivership. (a) At any time upon petition signed by the absentee in military service, or on petition of an attorney-in-fact acting under an adequate power of attorney granted by the absentee in military service, the court shall direct the termination of the receivership and the transfer of all property…
Specific property valued at less than $5,000; summary procedure. (a) If the spouse of any person defined as an absentee in military service by this Chapter, or his next of kin, if said absentee in military service has no spouse, shall wish to sell or transfer any property of the absentee in military service which has a…
Specific property valued at more than $5,000; summary procedure. (a) If the spouse, or the next of kin if there is no spouse, of any person defined as an absentee in military service under this Chapter shall wish to sell, lease, or mortgage specific property having a gross value of five thousand dollars ($5,000) or mor…