§ 28B-2. Action for receiver; jurisdiction; contents of complaint.

358 words·~2 min read·/nc/chapter-28b/28b-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 person who would have an interest in the property or estate of the absentee in military service were such absentee in military service deceased, or any person who is dependent on such absentee in military service for his maintenance or support, may commence an action for the appointment of a receiver to care for the estate of the absentee in military service by filing a verified complaint in the superior court in the county of domicile of the absentee in military service or in any county where his property is situated.

(b)The complaint shall show the following:

(1)The name, age, address, relationship of the person filing the complaint to the alleged absentee, and the interest of that person in the property of the absentee in military service or his dependency upon the absentee in military service for his maintenance and support.

(2)The name, age, and address of all persons who would have an interest in the estate of the absentee in military service were he deceased and the name, age, and address of all persons dependent upon him for their maintenance and support.

(3)The name, age, and last known address of the absentee in military service.

(4)The date on which the absentee in military service was first reported as missing or captured by the appropriate federal agency, and, as far as is known, the circumstances surrounding his absence.

(5)The necessity for and the reasons why a receiver should be appointed.

(6)Whether or not the person alleged to be an absentee in military service has a will and the whereabouts of said will.

(7)So far as known, a schedule of all his property within this State, including property in which he is co-owner with or without the right of survivorship. (1973, c. 522, s. 2.)