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Fill and Sign the Judicial Responsibilities of the Clerk Unc School of Government Form

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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 served on the fiduciary at least five (5) days before the hearing. 2. An order from this Court was personally served on the fiduciary on , requiring the fiduciary to file an/a inventory account final affidavit of collection guardianship status report. 3. The fiduciary has has not filed the required report. 4. The fiduciary was not present in court. The fiduciary was present in court. (Complete no. 5 below.) The fiduciary was not present in court; however, appeared and offered evidence on the fiduciary’s behalf. (Complete no. 5 below.) 5. (Complete this finding if either the fiduciary or counsel for the fiduciary appeared.) The fiduciary was represented by retained appointed counsel. The fiduciary waived representation by counsel. (Attach form AOC-CR-227.) The Court determined that the fiduciary was not indigent and therefore not entitled to court appointed counsel. (Attach form AOC-CR-224.) 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) CIVIL CONTEMPT ORDER FAILURE TO FILE INVENTORY/ACCOUNT/ AFFIDAVIT OF COLLECTION/ GUARDIANSHIP STATUS REPORT G.S. 5A-23; 28A-20-2, -3; 28A-21-4; 28A-25-4; 35A-1244; 35A-1265; 36C-2-209 Name Of Decedent/Trust/Ward Name And Address Of Fiduciary (Date) File No. In The General Court Of JusticeSuperior Court DivisionBefore The Clerk IN THE MATTER OF THE ESTATE OF: Original & Copy - Sheriff Copy - File (Over) Estate Trust Guardianship FINDINGS 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/a inventory, account, final affidavit of collection, guardianship status report, 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) STATE OF NORTH CAROLINA County AOC-E-902, Rev. 6/18

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