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"fails to qualify"

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biglhyte1

Junior Member
What is the name of your state (only U.S. law)? NC
My grandfather passed and left a considerable amount of land to his new wife. In the will it states that " if my spouse does not survive me or if he/she fails to qualify or, if having qualified should die, resign or become incapacitated, then in that event I nominate and appoint_____________." What does" fail to qualify" mean?
 


anteater

Senior Member
Under North Carolina law, these are the disqualifiers to serving as the estate's personal representative:

§ 28A‑4‑2. Persons disqualified to serve as personal representative.

No person is qualified to serve as a personal representative who:
(1) Is under 18 years of age;
(2) Has been adjudged incompetent in a formal proceeding and remains under such disability;
(3) Is a convicted felon, under the laws either of the United States or of any state or territory of the United States, or of the District of Columbia and whose citizenship has not been restored;
(4) Is a nonresident of this State who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate, and caused such appointment to be filed with the court; or who is a resident of this State who has, subsequent to appointment as a personal representative, moved from this State without appointing such process agent;
(5) Is a corporation not authorized to act as a personal representative in this State;
(6) Repealed by Session Laws 1999‑133, s. 1.
(7) Has lost his rights as provided by Chapter 31A;
(8) Is illiterate;
(9) Is a person whom the clerk of superior court finds otherwise unsuitable; or
(10) Is a person who has renounced either expressly or by implication as provided in G.S. 28A‑5‑1 and 28A‑5‑2. (C.C.P., s. 457; Code, ss. 1377, 1378, 2162; Rev., s. 5; C.S., s. 8; 1973, c. 1329, s. 3; 1999‑133, s. 1.)
 

seniorjudge

Senior Member
No, I am not trying to steal the land. What I am trying to do is save it. She is on drugs and have moved to another state. No one knows where she is and the taxes have not been paid. With all of this being said, I pose the question again. By law, if she is no where to be found and obviously she is not planning on taking care of the land, physically or financially, is there anyway we can get what is rightfully ours? Please help.


Why do you think it is rightfully yours?
 

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