reglab/housing_qa huggingface dataset:
NC Gen Stat § 35A-1281 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 12 - Nonresident Ward Having Property in State.|§ 35A-1281 - Removal of ward's personalty from State.

 35A-1281. Removal of ward's personalty from State.(a) For purposes of this section, the term "personal estate" means:(1) Personal property;(2) Personal property substituted for realty by decree of court;(3) Any money arising from the sale of real estate, whether the same be in the hands of any guardian residing in this State; or in the hands of any executor, administrator, or other person holding for the ward; or, if not being adversely held and claimed, not in the lawful possession or control of any person.(b) Where any ward residing in another state or territory, or in the District of Columbia, or Canada, or other foreign country, is entitled to any personal estate in this State, the ward's guardian or trustee duly appointed at the place where such ward resides, or, in the event no guardian or trustee has been appointed, the court or officer of the court authorized by the laws of such place to receive moneys belonging to any ward when no guardian or trustee has been appointed, may apply to have such estate removed to the residence of the ward by petition filed before the clerk in the county in which the property or some portion thereof is situated. Such petition shall be proceeded with as in other cases of special proceedings.(c) The petitioner must show to the court a copy of his appointment as a guardian or trustee and bond duly authenticated, and must prove to the court that the bond is sufficient, in the ability of the sureties as well as in amount, to secure all the estate of the ward wherever situated: Provided, that in all cases where a banking institution, resident and doing business in a foreign state, is a guardian or trustee of any person and is not required to execute a bond to qualify as guardian or trustee under the laws of the state in which such guardian or trustee qualified and was appointed, and no sureties are or were required by the state in which said banking institution qualified as guardian or trustee, and this fact affirmatively appears to the court, then the personal estate of the ward may be removed from this State without the finding of a court with reference to any sureties, and the court in which the petition for the removal of the property of the ward is filed may order the transfer and removal of the property of the ward and the payment and delivery of the same to the nonresident guardian or trustee without regard to whether a nonresident guardian or trustee has filed a bond with sureties; and the finding of the court that the said guardian or trustee is a banking institution and has duly qualified and been appointed guardian or trustee under the laws of the state where the ward is resident shall be sufficient. Any person may be made a party defendant to the proceeding who may be made a party defendant in civil actions under the provisions of Chapter 1A of the General Statutes. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1290 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 13 - Removal or Resignation of Guardian; Successor Guardian; Estates Without Guardians; Termination of Guardianship.|§ 35A-1290 - Removal by Clerk.

 35A-1290. Removal by Clerk.(a) The clerk has the power and authority on information or complaint made to remove any guardian appointed under the provisions of this Subchapter, to appoint successor guardians, and to make rules or enter orders for the better management of estates and the better care and maintenance of wards and their dependents.(b) It is the clerk's duty to remove a guardian or to take other action sufficient to protect the ward's interests in the following cases:(1) The guardian wastes the ward's money or estate or converts it to his own use.(2) The guardian in any manner mismanages the ward's estate.(3) The guardian neglects to care for or maintain the ward or his dependents in a suitable manner.(4) The guardian or his sureties are likely to become insolvent or to become nonresidents of the State.(5) The original appointment was made on the basis of a false representation or a mistake.(6) The guardian has violated a fiduciary duty through default or misconduct.(7) The guardian has a private interest, whether direct or indirect, that might tend to hinder or be adverse to carrying out his duties as guardian.(8) The guardian has been adjudged incompetent by a court of competent jurisdiction and has not been restored to competence.(9) The guardian has been convicted of a felony under the laws of the United States or of any state or territory of the United States or of the District of Columbia and his citizenship has not been restored.(10) The guardian was originally unqualified for appointment and continues to be unqualified, or the guardian would no longer qualify for appointment as guardian due to a change in residence, a change in the charter of a corporate guardian, or any other reason.(11) The guardian is the ward's spouse and has lost his rights as provided by Chapter 31A of the General Statutes.(12) The guardian fails to post, renew, or increase a bond as required by law or by order of the court.(13) The guardian refuses or fails without justification to obey any citation, notice, or process served on him in regard to the guardianship.(14) The guardian fails to file required accountings with the clerk.(15) The clerk finds the guardian unsuitable to continue serving as guardian for any reason.(16) The guardian is a nonresident of the State and refuses or fails to obey any citation, notice, or process served on the guardian or the guardian's process agent.(17) The guardian is a licensed attorney, and the clerk is in receipt of an order entered pursuant to G.S. 84-28 enjoining, suspending, or disbarring the attorney.(c) Repealed by Session Laws 2017-158, s. 4, effective July 21, 2017.  (1987, c. 550, s. 1; 2004-203, s. 31(b); 2017-158, s. 4.)
NC Gen Stat § 35A-1291 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 13 - Removal or Resignation of Guardian; Successor Guardian; Estates Without Guardians; Termination of Guardianship.|§ 35A-1291 - Emergency removal; interlocutory orders on revocation.

 35A-1291. Emergency removal; interlocutory orders on revocation.The clerk may remove a guardian without hearing if the clerk finds reasonable cause to believe that an emergency exists that threatens the physical well-being of the ward or constitutes a risk of substantial injury to the ward's estate. In all cases where the letters of a guardian are revoked, the clerk may, pending the resolution of any controversy in respect to such removal, make such interlocutory orders and decrees as the clerk finds necessary for the protection of the ward or the ward's estate or the other party seeking relief by such revocation. (1987, c. 550, s. 1; 2004-203, s. 31(c).)
NC Gen Stat § 35A-1292 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 13 - Removal or Resignation of Guardian; Successor Guardian; Estates Without Guardians; Termination of Guardianship.|§ 35A-1292 - Resignation.

 35A-1292. Resignation.(a) Any guardian who wishes to resign shall file a motion with the clerk setting forth the circumstances of the case. If a general guardian or guardian of the estate, at the time of making the application, also exhibits his final account for settlement, and if the clerk is satisfied that the guardian has fully accounted, the clerk may accept the resignation of the guardian and discharge him and appoint a successor guardian. The guardian so discharged and his sureties are still liable in relation to all matters connected with the guardianship before the discharge and shall continue to ensure that the ward's needs are met until the clerk officially appoints a successor. The guardian shall attend the hearing to modify the guardianship, if physically able.(b) A general guardian who wishes to resign as guardian of the estate of the ward but continue as guardian of the person of the ward may apply for the partial resignation by petition as provided in subsection (a) of this section. If the general guardian also exhibits his final account as guardian of the estate for settlement, and if the clerk is satisfied that the general guardian has fully accounted as guardian of the estate, the clerk may accept the resignation of the general guardian as guardian of the estate, discharge him as guardian of the estate, and issue to him letters of appointment as guardian of the person, but the general guardian so discharged as guardian of the estate and his sureties are still liable in relation to all matters connected with the guardianship of the estate before the discharge.  (1987, c. 550, s. 1; 2012-151, s. 12(d).)
NC Gen Stat § 35A-1293 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 13 - Removal or Resignation of Guardian; Successor Guardian; Estates Without Guardians; Termination of Guardianship.|§ 35A-1293 - Appointment of successor guardian.

 35A-1293. Appointment of successor guardian.Upon the removal, death, or resignation of a guardian, the clerk shall appoint a successor guardian following the same criteria that would apply to the initial appointment of a guardian. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1294 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 13 - Removal or Resignation of Guardian; Successor Guardian; Estates Without Guardians; Termination of Guardianship.|§ 35A-1294 - Estates without guardians.

 35A-1294. Estates without guardians.(a) Whenever a general guardian or guardian of the estate is removed, resigns, or stops serving without making a full and proper accounting, the successor guardian, or the clerk if there is no successor guardian, shall initiate a proceeding to compel an accounting. The surety or sureties on the previous guardian's bond shall be served with notice of the proceeding.(b) If no successor guardian has been appointed, the clerk may act as receiver or appoint some discreet person as a receiver to take possession of the ward's estate, to collect all moneys due the ward, and to secure, lend, invest, or apply the same for the benefit and advantage of the ward, under the direction of the clerk until a successor guardian is appointed. The accounts of the receiver shall be returned, audited, and settled as the clerk may direct. The receiver shall be allowed such amounts for his time, trouble, and responsibility as seem to the clerk reasonable and proper. Such receivership may continue until a suitable guardian can be appointed.(c) When another guardian is appointed, he may apply by motion, on notice, to the clerk for an order directing the receiver to pay over all the money, estate, and effects of the ward. If no such guardian is appointed, the ward shall have the same remedy against the receiver on becoming age 18 or otherwise emancipated if the ward is a minor or on being restored to competence if the ward is an incompetent person. In the event of the ward's death, his executor, administrator, or collector, and the heir or personal representative of the ward shall have the same remedy against the receiver. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1295 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 13 - Removal or Resignation of Guardian; Successor Guardian; Estates Without Guardians; Termination of Guardianship.|§ 35A-1295 - Termination of guardianship.

 35A-1295. Termination of guardianship.(a) Every guardianship shall be terminated and all powers and duties of the guardian provided in Article 9 of this Chapter shall cease when the ward:(1) Ceases to be a minor as defined in G.S. 35A-1202(12),(2) Is adjudicated to be restored to competency pursuant to the provisions of G.S. 35A-1130, or(3) Dies.(b) Notwithstanding subsection (a), a guardian of the estate or a general guardian is responsible for all accountings required by Article 10 of this Chapter until the guardian is discharged by the clerk. (1989, c. 473, s. 31.)
NC Gen Stat § 35A-1302 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 14 - Sale, Mortgage, Exchange or Lease of Ward's Estate.|§ 35A-1302 - Procedure when real estate lies in county in which guardian does not reside.

 35A-1302. Procedure when real estate lies in county in which guardian does not reside.In all cases where a guardian is appointed under the authority of Chapter 35A and such guardian applies to the court for an order to sell, mortgage, or exchange all or part of his ward's real estate, and such real estate is situated in a county other than the county in which the guardian is appointed and qualified, the guardian shall first apply to the clerk of the county in which he was appointed and qualified for an order showing that the sale, mortgage, or exchange of his ward's real estate is necessary or that the ward's interest would be materially promoted thereby. The clerk to whom such application is made shall hear and pass upon the same and enter his findings and order as to whether said sale, mortgage, or exchange is necessary or would materially promote the ward's interest, and said order and findings shall be certified to the clerk of the county in which the ward's land, or some part of it, is located and before whom any petition or application is filed for the sale, mortgage, or exchange of said land. Such findings and orders so certified shall be considered by the court along with all other evidence and circumstances in passing upon the petition in which an order is sought for the sale, mortgage, or exchange of said land. In the case of a ward who is a minor, before such findings and orders shall become effective the same shall be approved by the superior court judge holding the courts of the district or by the resident judge. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1303 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 14 - Sale, Mortgage, Exchange or Lease of Ward's Estate.|§ 35A-1303 - Fund from sale has character of estate sold and subject to same trusts.

 35A-1303. Fund from sale has character of estate sold and subject to same trusts.Whenever, in consequence of any sale under G.S. 35A-1301, the real or personal property of the ward is saved from demands to which in the first instance it may be liable, the final decree shall declare and set apart a portion of the personal or real estate thus saved, of value equal to the real and personal estate sold, as property exchanged for that sold; and in all sales by guardians whereby real is substituted by personal, or personal by real property, the beneficial interest in the property acquired shall be enjoyed, alienated, or devised and shall descend and be distributed, as by law the property sold might and would have been had it not been sold, until it be reconverted from the character thus impressed upon it by some act of the owner and restored to its character proper.  (1987, c. 550, s. 1; 2011-284, s. 38.)
NC Gen Stat § 35A-1305 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 14 - Sale, Mortgage, Exchange or Lease of Ward's Estate.|§ 35A-1305 - When timber may be sold.

 35A-1305. When timber may be sold.In case the land cannot be rented for enough to pay the taxes and other dues thereof, and there is not money sufficient for that purpose, the guardian, with the consent of the clerk, may annually dispose of or use so much of the lightwood, and box or rent so many pine trees, or sell so much of the timber on the same, as may raise enough to pay the taxes and other duties thereon, and no more. In addition, the guardian, with the consent of the clerk, may annually dispose of, use, or sell so much of the timber as is necessary to maintain good forestry practices. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1306 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 14 - Sale, Mortgage, Exchange or Lease of Ward's Estate.|§ 35A-1306 - Abandoned incompetent spouse.

 35A-1306. Abandoned incompetent spouse.(a) A guardian of a married person found incompetent who has been abandoned, whether the guardian was appointed before or after the abandonment, may initiate a special proceeding before the clerk having jurisdiction over the ward requesting the issuance of an order authorizing the sale of the ward's separate real property without the joinder of the abandoning spouse.(b) The ward's spouse shall be served with notice of the special proceeding in accordance with G.S. 1A-1, Rule 4.(c) If the clerk finds:(1) That the spouse of the ward has willfully and without just cause abandoned the ward for a period of more than one year; and(2) That the spouse of the ward has knowledge of the guardianship, or that the guardian has made a reasonable attempt to notify the spouse of the guardianship; and(3) That an order authorizing the sale of the separate real property of the ward is in the best interest of the ward;the clerk may issue such an order thereby barring the abandoning spouse from all right, title and interest in any of the ward's separate real property sold pursuant to such an order. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1307 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 14 - Sale, Mortgage, Exchange or Lease of Ward's Estate.|§ 35A-1307 - Spouse of incompetent husband or wife entitled to special proceeding for sale of real property.

 35A-1307. Spouse of incompetent husband or wife entitled to special proceeding for sale of real property.Every married person whose husband or wife is adjudged incompetent and is confined in a mental hospital or other institution in this State, and who was living with the incompetent spouse at the time of commitment shall, if he or she be in needy circumstances, have the right to bring a special proceeding before the clerk to sell the real property of the incompetent spouse, or so much thereof as is deemed expedient, and have the proceeds applied for support: Provided, that said proceeding shall be approved by the judge of the superior court holding the courts of the superior court district or set of districts as defined in G.S. 7A-41.1 where the said property is situated. When the deed of the commissioner appointed by the court, conveying the lands belonging to the incompetent spouse is executed, probated, and registered, it conveys a good and indefeasible title to the purchaser. (1987, c. 550, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 83; 1989, c. 473, s. 8.)
NC Gen Stat § 35A-1310 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 15 - Mortgage or Sale of Estates Held by the Entireties.|§ 35A-1310 - Where one spouse or both incompetent; special proceeding before clerk.

 35A-1310. Where one spouse or both incompetent; special proceeding before clerk.In all cases where a husband and wife shall be seized of property as an estate by the entireties, and the wife or the husband or both shall be or become mentally incompetent to execute a conveyance of the estate so held, and the interest of said parties shall make it necessary or desirable that such property be mortgaged or sold, it shall be lawful for the mentally competent spouse and/or the guardian of the mentally incompetent spouse, and/or the guardians of both (where both are mentally incompetent) to file a petition with the clerk of the superior court in the county where the lands are located, setting forth all facts relative to the status of the owners, and showing the necessity or desirability of the sale or mortgage of said property, and the clerk, after first finding as a fact that either the husband or wife, or both, are mentally incompetent, shall have power to authorize the interested parties and/or their guardians to execute a mortgage, deed of trust, deed, or other conveyance of such property, provided it shall appear to said clerk's satisfaction that same is necessary or to the best advantage of the parties, and not prejudicial to the interest of the mentally incompetent spouse. All petitions filed under the authority of this section shall be filed in the office of the clerk of the superior court of the county where the real estate or any part of same is situated. (1935, c. 59, s. 1; 1945, c. 426, s. 5; c. 1084, s. 5.; 1987, c. 550, s. 2.)
NC Gen Stat § 35A-1311 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 15 - Mortgage or Sale of Estates Held by the Entireties.|§ 35A-1311 - General law applicable; approved by judge.

 35A-1311. General law applicable; approved by judge.The proceedings herein provided for shall be conducted under and shall be governed by laws pertaining to special proceedings, and it shall be necessary for any sale or mortgage or other conveyance herein authorized to be approved by a superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or G.S. 7A-48 in the district or set of districts as defined in G.S. 7A-41.1 wherein the property or any part of same is located. (1935, c. 59, s. 2; 1945, c. 426, s. 6; 1987, c. 550, s. 2; 1987 (Reg. Sess., 1988), c. 1037, s. 84.)
NC Gen Stat § 35A-1312 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 15 - Mortgage or Sale of Estates Held by the Entireties.|§ 35A-1312 - Proceeding valid in passing title.

 35A-1312. Proceeding valid in passing title.Any mortgage, deed, or deed of trust executed under authority of this Article by a regularly conducted special proceeding as provided shall have the force and effect of passing title to said property to the same extent as a deed executed jointly by husband and wife, where both are mentally capable of executing a conveyance. (1935, c. 59, s. 3; 1987, c. 550, s. 2.)
NC Gen Stat § 35A-1313 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 15 - Mortgage or Sale of Estates Held by the Entireties.|§ 35A-1313 - Clerk may direct application of funds; purchasers and mortgagees protected.

 35A-1313. Clerk may direct application of funds; purchasers and mortgagees protected.In all cases conducted under this Article it shall be competent for the court, in its discretion, to direct the application of funds arising from a sale or mortgage of such property in such manner as may appear necessary or expedient for the protection of the interest of the mentally incompetent spouse: Provided, however, this section shall not be construed as requiring a purchaser or any other party advancing money on the property to see to the proper application of such money, but such purchaser or other party shall acquire title unaffected by the provisions of this section. (1935, c. 59, s. 4; 1987, c. 550, s. 2.)
NC Gen Stat § 35A-1314 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 15 - Mortgage or Sale of Estates Held by the Entireties.|§ 35A-1314 - Prior sales and mortgages validated.

 35A-1314. Prior sales and mortgages validated.Any and all special proceedings under which estates by the entireties have been sold or mortgaged prior to March 5, 1935, under circumstances contemplated in this Article are hereby in all respects ratified and confirmed, provided that such proceeding or proceedings are otherwise regular and conformable to law. (1935, c. 59, s. 5; 1987, c. 550, s. 2.)