North Carolina General Statutes 33B-1. Definitions
As used in this act:
(1) “Adult” means an individual who is at least 21 years of age.
Terms Used In North Carolina General Statutes 33B-1
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Decedent: A deceased person.
- Executor: A male person named in a will to carry out the decedent
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Trustee: A person or institution holding and administering property in trust.
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) “Beneficiary” means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual’s use and benefit under this act.
(3) “Guardian of the estate” means a guardian appointed for the purpose of managing the property, estate, and business affairs of a ward, or a person legally authorized to perform substantially the same functions. As used in this act the term “guardian of the estate” includes a general guardian or guardian of the estate appointed under the provisions of Chapter 35A of the N.C. Gen. Stat..
(4) “Court” means the clerk of superior court of this State.
(5) “Custodial trust property” means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this act and the income from and proceeds of that interest.
(6) “Custodial trustee” means a person designated as trustee of a custodial trust under this act or a substitute or successor to the person designated.
(7) “Guardian of the person” means a guardian appointed for the purpose of performing duties relating to the care, custody, and control of a ward, but not a person who is only a guardian ad litem. As used in this act the term “guardian of the person” includes a general guardian or guardian of the person appointed under the provisions of Chapter 35A of the N.C. Gen. Stat..
(8) “Incapacitated” means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, being under 21 years of age, or other disabling cause.
(9) “Legal representative” means a personal representative or guardian of the estate.
(10) “Member of the beneficiary‘s family” means a beneficiary’s spouse, descendant, parent, grandparent, brother, sister, uncle or aunt, whether of the whole or half blood or by adoption.
(11) “Person” means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity.
(12) “Personal representative” means an executor, administrator, or special administrator of a decedent‘s estate, a person legally authorized to perform substantially the same function, or a successor to any of them.
(13) “State” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(14) “Transferor” means a person who creates a custodial trust by transfer or declaration.
(15) “Trust company” means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers in North Carolina.
(16) “General guardian” means a guardian of both the estate and the person. (1995, c. 486, s. 1.)