Can I force an accounting from the person who managed my parent’s finances and require them to disclose insurance policies, bank accounts, and property? – North Carolina

Short Answer

Yes—under North Carolina law, the right way to “force an accounting” depends on the person’s role. If the sibling acted under a power of attorney, the estate’s personal representative (or, in many cases, a successor in interest) can request records and may be able to file a petition with the Clerk of Superior Court to compel an accounting. If the sibling is also serving as the estate’s personal representative, an interested person can ask the Clerk of Superior Court to order a full account and require it within 20 days after the order is served.

Understanding the Problem

In North Carolina, an adult child may ask: can information be forced out of a sibling who controlled a parent’s finances before death and now will not share details about bank accounts, insurance, or property after the death? The single decision point is which legal “hat” the sibling wore—attorney-in-fact under a power of attorney, personal representative of the estate, trustee, or something else—because each role has different disclosure duties and different court processes. The timing trigger is usually the death of the parent and the opening (or failure to open) an estate in the county Clerk of Superior Court.

Apply the Law

North Carolina treats the manager of another person’s money as a fiduciary in common situations, including an attorney-in-fact (agent) under a power of attorney and a personal representative (executor/administrator) of an estate. A fiduciary must generally keep records, and when the law requires an accounting, the Clerk of Superior Court can order it and enforce that order. Separate tools exist to (1) compel an estate fiduciary to file required accountings and (2) allow the estate’s personal representative to examine people believed to hold estate property or information about it.

Key Requirements

Correct role identified: The process depends on whether the person managed finances as an attorney-in-fact under a power of attorney, as a personal representative after death, or both.
Proper requesting party: For power-of-attorney records after death, the request typically must come from the personal representative of the decedent’s estate or a successor in interest; for estate accountings, an “interested person” (such as an heir) can usually seek relief.
Proper forum and procedure: Many accounting and “discovery of assets” disputes in estate administration are handled as estate proceedings before the county Clerk of Superior Court, with court-ordered deadlines and the ability to compel documents and testimony.

What the Statutes Say

N.C. Gen. Stat. § 28A-21-4 (Compel personal representative to account) – Allows the clerk, a creditor, or other interested party to seek an order compelling a full and satisfactory account, due within 20 days after service of the order.
N.C. Gen. Stat. § 35A-1265 (Procedure to compel guardian accounting) – Gives the clerk authority to order a delinquent guardian to file a full account within 20 days and enforce compliance, including contempt remedies.

Note: North Carolina also has a separate statute in Chapter 32C (the Uniform Power of Attorney Act) addressing when an agent must disclose records and who can demand them after the principal’s death. Because statute numbering and applicability can turn on the date and wording of the specific power of attorney, this article describes the rule in general terms and focuses on the most common clerk-driven procedures used to compel accountings and locate assets.

Analysis

Apply the Rule to the Facts: The facts describe a sibling who held power of attorney, controlled finances, and is now withholding information about possible accounts, insurance, and property after the parent’s death. If the sibling is the estate’s personal representative, an interested person can ask the Clerk of Superior Court to compel a full account and set a short deadline. If the sibling was only an attorney-in-fact before death, the most direct route is often to have a personal representative appointed and then use that role to demand records and, if needed, pursue a clerk proceeding to compel an accounting or an estate “discovery of assets” proceeding to examine the sibling about property and records believed to belong to the estate.

Process & Timing

Who files: Usually an “interested person” (for estate accountings) or the estate’s personal representative (for asset discovery). Where: the Clerk of Superior Court in the North Carolina county where the estate is (or should be) administered. What: a motion/petition to compel an accounting (if a personal representative is in place), and/or a verified petition for an estate proceeding to examine someone believed to have estate property or information. When: once a personal representative has qualified and there is a failure to account or a reasonable basis to believe someone holds estate property or records.
Clerk issues an order and sets a deadline: In an estate accounting dispute, the clerk can order the personal representative to render a full and satisfactory account within 20 days after service of the order. If the matter is an estate “discovery of assets” proceeding, the clerk can schedule an examination and can direct which civil procedure rules (including discovery rules) apply.
Enforcement and next steps: If a fiduciary still refuses to comply, the clerk can impose remedies available in that type of proceeding (which can include removal in some fiduciary contexts). If the information uncovered suggests wrongdoing, a separate civil action for monetary damages may be required in Superior Court, depending on the claim and the role involved.

Exceptions & Pitfalls

“Non-probate” assets: Some items, such as life insurance with a named beneficiary or jointly titled accounts with survivorship, may pass outside the estate. Even then, those documents can still matter to confirm ownership and whether estate funds paid premiums or made transfers.
No estate opened yet: If no one has qualified as personal representative, there may be no one with clear authority to demand third-party records. Getting the right person appointed can be the key first step.
Power of attorney ended at death: A power of attorney authority generally stops at death, but recordkeeping duties and the ability of the estate to demand past transaction records may continue under the applicable statute and the document’s terms.
County and procedure differences: Clerks’ offices can differ on required forms, scheduling, and how contested estate proceedings are managed. Filing in the wrong county or using the wrong type of proceeding can slow down the process.

Conclusion

North Carolina law provides ways to force financial transparency, but the correct path depends on whether the person acted under a power of attorney, as the estate’s personal representative, or both. When a personal representative is not accounting, an interested person can seek a clerk order compelling a full and satisfactory account, typically due within 20 days after service. A practical next step is to open the estate and have a personal representative qualify with the county Clerk of Superior Court so formal demands and estate proceedings can be used to identify accounts, insurance, and property.

Talk to a Probate Attorney

If a family member handled a parent’s finances and is refusing to share records or estate information, our firm has experienced attorneys who can help clarify which court process fits the situation and what timelines apply. Call us today at (919) 341-7055.

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.