Short Answer

In North Carolina, a trustee cannot simply erase beneficiaries unless the trust allows it and any amendment was validly made. You can: (1) demand copies of the will and trust; (2) file a trust proceeding to compel information and seek the trustee’s removal for a breach of duty; and (3) contest any suspect trust amendment or the will itself in court. Deadlines apply—trust contests can be shortened by written notice, and will challenges generally must be filed within three years of probate.

Understanding the Problem

You are asking: In North Carolina, can I challenge a trustee who removed me and my siblings as beneficiaries, and how do I force the trustee to share the trust and will? One key fact here is that the amendments were signed while the decedent was ill. You want relief that restores your beneficiary status, replaces the trustee if needed, and pauses asset transfers while the dispute is resolved.

Apply the Law

North Carolina law protects beneficiaries in two related ways. First, beneficiaries and other interested persons are entitled to core information about the will and trust, and a trustee has a duty to keep beneficiaries reasonably informed. Second, a trust amendment obtained by undue influence, fraud, duress, or lack of capacity can be set aside, and a trustee who stonewalls information or mismanages the trust can be removed. Trust administration and many removal petitions proceed before the Clerk of Superior Court, while a trust-validity challenge and claims for damages proceed in Superior Court. A will challenge (caveat) is filed with the Clerk and then tried in Superior Court. Time limits apply to both trust contests and will caveats.

Key Requirements

• Standing and information rights: As a named or potential beneficiary, you may demand copies of the governing documents and basic account information; the clerk can compel a copy of the will.
• Grounds to challenge amendments: A revocable trust or amendment is voidable if procured by undue influence, fraud, duress, or if the settlor lacked capacity.
• Trustee removal standards: Removal may be ordered for a serious breach of trust, persistent failure to administer effectively (including withholding information), unfitness, or other causes serving beneficiaries’ interests.
• Forum and relief: File trust-administration remedies (accounting, removal, suspension, injunction) with the Clerk; file trust-validity challenges and damages in Superior Court; will caveats start with the Clerk.
• Deadlines: Trust contests have specific time limits that can be shortened by notice; a will caveat generally must be filed within three years after probate (earlier if probate in solemn form).

What the Statutes Say

• N.C. Gen. Stat. § 36C-7-706 (Removal of trustee) – Grounds and process to remove a trustee.
• N.C. Gen. Stat. § 36C-4-406 (Trust voidable) – Trust or amendment is voidable for fraud, duress, or undue influence.
• N.C. Gen. Stat. § 28A-2A-4 (Compel production of a will) – Clerk must order a person holding a will to produce it.
• N.C. Gen. Stat. § 31-32 (Will caveat) – How and when to challenge a probated will.

Analysis

Apply the Rule to the Facts: You report late-in-life amendments while the decedent was ill and a trustee who refuses to share documents or account. That aligns with two tracks: (1) demand disclosure and pursue removal before the Clerk of Superior Court for a serious breach, including failure to inform; and (2) file in Superior Court to contest the trust amendment’s validity based on undue influence or lack of capacity. If the new will also cut out siblings, file a will caveat with the Clerk within the allowed time.

Process & Timing

1. Who files: An interested beneficiary. Where: Clerk of Superior Court in the county of the trust’s principal administration (for removal/accounting) and Superior Court (for trust-validity challenge); Clerk’s office where the will is probated (for a caveat or to compel production). What: Petition to compel information and to remove/suspend trustee; application to compel production of a will; caveat to the will; civil action in Superior Court to set aside a trust amendment and seek injunctions. When: Move promptly; note that trust-contest deadlines can be shortened by trustee notice, and a will caveat generally must be filed within three years after probate.
2. After filing, the Clerk can order the trustee to provide the trust, account, or interim relief (e.g., suspension, special fiduciary). A timely will caveat transfers to Superior Court for trial; during a caveat, estate asset distributions are typically restricted.
3. In Superior Court, seek an order declaring the suspect trust amendment invalid, and request remedies such as injunctions, suspension/removal of the trustee, appointment of a successor, and orders to account.

Exceptions & Pitfalls

• If the trust expressly authorizes changing beneficiaries (e.g., through a reserved power), your focus is whether the power was validly exercised—not merely that the outcome is unfavorable.
• Do not delay: trustee notice can start a short clock for trust contests; missing it can bar the challenge even if your concerns are valid.
• Choose the right forum: the Clerk can remove/suspend a trustee and compel information, but money damages for breach of fiduciary duty must be sought in Superior Court; cases can be consolidated.
• Silence can waive claims: releases or consents given without full information may be challenged, but signed approvals can limit remedies.
• For will challenges, if probate occurred in solemn form, you must raise the caveat in that proceeding or be bound by it.

Talk to a Probate Attorney

If you’re dealing with a trustee who removed you as a beneficiary and won’t provide documents, our firm can help you evaluate your options, deadlines, and the best forum to act. Call us today to discuss your next step.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.