North Carolina General Statutes 36F-3. Applicability
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(a) This Chapter applies to all of the following:
(1) A fiduciary acting under a will or power of attorney executed before, on, or after June 30, 2016.
Terms Used In North Carolina General Statutes 36F-3
- Decedent: A deceased person.
- Fiduciary: A trustee, executor, or administrator.
- 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
- 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.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- 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.
(2) A personal representative acting for a decedent who died before, on, or after June 30, 2016.
(3) A guardian appointed before, on, or after June 30, 2016.
(4) A trustee acting under a trust created before, on, or after June 30, 2016.
(b) This Chapter applies to a custodian if the user resides in this State or resided in this State at the time of the user’s death.
(c) This Chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business. (2016-53, s. 1.)