Jan92026
Probate Q&A Series

What can I do if someone changed beneficiary forms or legal documents while my relative was incapacitated? – North Carolina

Short Answer

In North Carolina, changes made while a person lacked mental capacity (or changes procured through undue influence) can often be challenged, but the right procedure depends on what was changed. A will is typically challenged through a “caveat” filed with the Clerk of Superior Court, while beneficiary designations, account changes, and transfers made through a power of attorney are often challenged through a separate civil action for fiduciary misconduct and related remedies. Acting quickly matters because different deadlines apply and assets can move fast after death.

Understanding the Problem

In North Carolina probate disputes, the key question is often: can a will, beneficiary designation, or power-of-attorney-driven change be undone when a relative was incapacitated at the time the paperwork was signed or processed? The decision point is what type of document or designation was changed (for example, a will versus a payable-on-death or retirement beneficiary form), because the forum, deadlines, and remedies can be different even when the same incapacity or undue influence concerns exist.

Apply the Law

North Carolina law generally allows challenges to end-of-life document changes based on lack of capacity and undue influence. For wills, the usual vehicle is a caveat proceeding in the estate file before the Clerk of Superior Court, with the dispute ultimately tried in Superior Court. For non-probate beneficiary changes (life insurance, retirement accounts, payable-on-death accounts, transfer-on-death registrations) and for transfers made using a power of attorney, the dispute is often handled through civil claims seeking to unwind the transaction or impose an equitable remedy (such as returning the asset to the proper owner or to the estate) based on the circumstances and the fiduciary duties involved.

Key Requirements

  • Identify what was changed: A will challenge follows one track; beneficiary designations and POA-driven transfers often follow another track, even if the same incapacity period is involved.
  • Show incapacity and/or undue influence at the time of the change: These cases usually turn on medical evidence, timing, and surrounding circumstances (who arranged the paperwork, who controlled access, and whether the change sharply departed from the prior plan).
  • Seek the right remedy in the right forum: A caveat can determine whether a will is valid; a separate civil action may be needed to recover assets that passed outside probate or were transferred before death.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the concern is that a relative allegedly removed a prior beneficiary and agent while the decedent was in a coma. If the disputed change is a will, the usual path is a caveat focusing on capacity and undue influence at the time of execution. If the disputed change is a beneficiary designation (insurance/retirement/POD/TOD) or a transaction carried out using a power of attorney, the remedy often requires a separate civil case aimed at the transaction itself, because those assets may not be controlled by the will or the estate administration.

Process & Timing

  1. Who files: typically an “interested person” (often someone who would benefit under a prior will or by intestacy, or someone named in a prior plan). Where: the Clerk of Superior Court in the county where the estate is opened (estate file). What: a caveat if the dispute is the will; targeted written requests/subpoenas for records (beneficiary forms, signature cards, change logs) if the dispute involves non-probate assets. When: for a will caveat, the statute generally allows filing within three years after probate in common form.
  2. Build the proof: obtain medical records around the signing date, facility notes, and witness information; request the full document file from the drafting office (if any) and the institution file from the insurer/plan administrator/bank (including prior beneficiary forms and the change history). In many cases, the strongest evidence is the timeline: capacity status, who arranged the meeting, who transported the decedent, and who communicated with the institution.
  3. Seek the remedy that matches the asset: a successful caveat can set aside the will. For assets that passed outside probate (or were transferred before death), the next step is often a civil action seeking to unwind the transfer or impose an equitable remedy so the asset is treated as belonging to the proper recipient or to the estate for distribution.

Exceptions & Pitfalls

  • Wrong procedure for the wrong asset: A caveat addresses the will’s validity, but it may not, by itself, pull back non-probate assets (like insurance or retirement accounts) or reverse lifetime transfers. Those often require separate claims focused on the transaction and the conduct behind it.
  • Assuming “incapacitated” automatically means “legally invalid”: Capacity is evaluated at the time of the signing or change. A coma period can be powerful evidence, but the key is tying the medical condition to the exact date and the specific act.
  • Missing the paper trail: Beneficiary changes and account ownership changes often leave institutional records (change requests, signature cards, call logs, online access logs). Waiting too long can make those harder to obtain.
  • Overlooking power-of-attorney abuse indicators: When an agent (or someone acting like an agent) changes ownership or beneficiary outcomes, the case often turns on whether the change benefited the decision-maker and whether the change was procured while the principal was vulnerable.

Conclusion

In North Carolina, when beneficiary forms or legal documents were changed while a person was incapacitated, the usual approach is to challenge the change based on lack of capacity and/or undue influence using the procedure that matches the asset. A will challenge is typically filed as a caveat in the estate file, and the caveat deadline is often three years from probate in common form. The most important next step is to confirm what was changed and file the appropriate challenge with the Clerk of Superior Court before the caveat deadline if a will is involved.

Talk to a Probate Attorney

If a relative was in a coma or otherwise incapacitated and someone changed beneficiary designations or legal documents, a probate dispute can move quickly and the correct filing path matters. Our firm has experienced attorneys who can help identify the right forum, preserve records, and explain options and timelines. 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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.