§ 36C-3-303. Representation by fiduciaries, parents, and other persons.

278 words·~1 min read·/nc/chapter-36c/36c-3-303

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

To the extent that there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute involving a trust:

(1)A general guardian or a guardian of the estate may represent and bind the estate that the guardian controls.

(2)Repealed by Session Laws 2007-106, s. 11, effective October 1, 2007.

(3)An agent under a power of attorney having authority to act with respect to the particular question or dispute may represent and bind the principal.

(4)A trustee may represent and bind the beneficiaries of the trust unless the question or dispute involves the internal affairs of the trust.

(5)A personal representative of a decedent's estate may represent and bind persons interested in the estate.

(6)A parent may represent and bind the parent's minor child if a general guardian or guardian of the estate for the child has not been appointed. If a disagreement arises between parents seeking to represent the same minor child, the parent who is a beneficiary of the trust that is the subject of the representation is entitled to represent the minor child or, if no parent is a beneficiary of the trust that is the subject of the representation, a parent who is a lineal descendant of the settlor is entitled to represent the minor child, or if no parent is a lineal descendant of the settlor, a guardian ad litem shall be appointed to represent the minor child.

(7)A person may represent and bind that person's unborn issue. (2005-192, s. 2; 2007-106, s. 11.)