North Carolina > Statewide > Estate
Civil Contempt Order Failure To File Inventory Account E-902M - North Carolina
| Civil Contempt Order Failure To File Inventory Account Form. This is a North Carolina form and can be used in Estate Statewide . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
File No. STATE OF NORTH CAROLINA In The General Court Of Justice County Superior Court Division Before The Clerk IN THE MATTER OF THE ESTATE OF: Name Of Decedent/Trust/Ward CIVIL CONTEMPT ORDER Name And Address Of Fiduciary FAILURE TO FILE INVENTORY/ACCOUNT G.S. 28A-21-4; 5A-23 Estate Trust Guardianship FINDINGS The Court makes the following findings of fact: 1. A contempt hearing was held before the Clerk named below, pursuant to a show cause order which was personally 2. An order from this Court was personally served on the fiduciary on requiring the fiduciary (Date) to file an inventory. account. 3. The fiduciary has has not filed the required report. 4. The fiduciary was present in court. The fiduciary was not present in court. appeared and offered The fiduciary was not present in court, however, evidence on the fiduciarys behalf. 5. The fiduciary was represented by retained appointed counsel. The fiduciary waived representation by counsel. (Attach form AOC-CV-227) The Court determined that the fiduciary was not indigent and therefore not entitled to court appointed counsel. 6. The fiduciary has has not willfully failed to comply with the order of this Court, and at this time, has the ability to comply with the order, in that: (Set out facts relating to willfulness and present ability to comply.) 7. Other: (specify) CONCLUSIONS This matter is properly before the Court and the Court has jurisdiction over the fiduciary and the subject matter 1. The fiduciary willfully failed to comply with the Order of the Court to file an inventory, account, has the present ability to comply, and is in CIVIL CONTEMPT. 2. The evidence does not support a conclusion that the fiduciary is in contempt, and this proceeding should be dismissed. 3. Other: (specify) ORDER It is ORDERED that: 1. The fiduciary be committed to the county jail for an indefinite period, for as long as the contempt continues. The fiduciary may purge himself/herself from contempt and be released from incarceration by filing an adequate inventory account with the Clerk. 2. The fiduciary is removed as personal representative. 3. This proceeding is dismissed. Date Signature Assistant CSC Clerk Of Superior Court AOC-E-902M, Rev. 10/97 Original & Copy - Sheriff Copy - File 1997 Administrative Office of the Courts (Over) <<<<<<<<<********>>>>>>>>>>>>> 2 RETURN OF SERVICE I certify that this Order was received and served as follows: By taking the fiduciary into custody and placing him/her in the county jail. The order WAS NOT served for the following reason: Date Received Date Served Date Returned Name Of SheriffCounty Deputy Sheriff Making Return AOC-E-902M, Side Two, Rev. 10/97 1997 Administrative Office of the Courts
|
|||||||
