§ 37A-1-101 Short title
§ 37A-1-102 Definitions
§ 37A-1-103 Fiduciary duties; general principles
§ 37A-1-104 Trustee’s power to adjust
§ 37A-1-104.1 Definitions
§ 37A-1-104.2 Conversion in trustee’s discretion without court approval
§ 37A-1-104.3 Conversion with court approval
§ 37A-1-104.4 Determination of unitrust amount
§ 37A-1-104.5 Matters in trustee’s discretion
§ 37A-1-104.6 No effect on principal distributions
§ 37A-1-104.8 No liability on part of trustee or disinterested person acting in good faith
§ 37A-1-104.9 Applicability
§ 37A-1-104.21 Definitions
§ 37A-1-104.22 Determination of unitrust amount
§ 37A-1-104.23 Effect of distribution of unitrust amount
§ 37A-1-104.24 Change or conversion of unitrust amount
§ 37A-1-104.25 Determination of character of unitrust amount
§ 37A-1-104.26 Unitrust amount in excess of a five percent payout
§ 37A-1-105 Judicial control of discretionary power

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Terms Used In North Carolina General Statutes > Chapter 37A > Article 1 - Definitions and Fiduciary Duties; Conversion to Unitrust; Judicial Control of Discretionary Power

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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
  • Testator: A male person who leaves a will at death.
  • Trustee: A person or institution holding and administering property in trust.