What can I do if I have evidence someone forged my parent’s signature on checks or moved money into another person’s account before death? – North Carolina

Short Answer

In North Carolina, suspected forged checks or last-minute transfers before death can be addressed through a mix of probate steps and, when needed, a separate civil court case to recover assets. The usual first move is to get a proper estate representative appointed and demand records, then pursue court orders that preserve evidence and prevent further dissipation of assets. If the conduct looks like elder financial exploitation or check forgery, a report to law enforcement may also help trigger faster access to records and potential asset-freeze tools in a criminal case.

Understanding the Problem

In North Carolina probate, the decision point is whether the concern is (a) a dispute about what the will says, or (b) a dispute about whether money and property were wrongfully taken from the parent before death. A will contest can decide which document controls the estate, but it does not automatically decide whether pre-death transfers (like forged checks or moving funds into someone else’s account) should be pulled back into the estate. The practical question is what legal steps can be used to preserve bank records and stop further movement of funds while the correct forum sorts out who owns what.

Apply the Law

North Carolina law treats forged checks and deceptive transfers as potentially criminal conduct, and it also provides civil remedies to recover assets for the estate. In many cases, the estate’s personal representative (executor/administrator) is the proper party to demand financial records, investigate transactions, and sue to recover property that should be part of the estate. Separately, if there is an urgent risk that assets will be spent or moved again, a court can sometimes enter emergency orders (such as a temporary restraining order) in the appropriate civil action to preserve the status quo while the case proceeds.

Key Requirements

Standing (the right person bringing the claim): Usually the estate’s personal representative brings claims to recover the decedent’s property; a will contest alone may not decide ownership of assets transferred before death.
Proof the transactions were wrongful: Evidence often focuses on lack of authorization (forgery), deception, misuse of a position of trust, or lack of capacity/undue influence at the time of the transfer.
A preservation plan: Fast action typically means securing bank records, identifying where funds went, and asking a court for tailored relief that prevents further dissipation while the merits are litigated.

What the Statutes Say

N.C. Gen. Stat. § 14-119 (Forgery of notes, checks, and other securities) – Makes forging or counterfeiting checks and similar instruments a felony when done with intent to injure or defraud.
N.C. Gen. Stat. § 14-120 (Uttering forged paper / forged endorsement) – Covers passing or attempting to pass forged instruments or forged endorsements, knowing they are forged.
N.C. Gen. Stat. § 14-112.2 (Exploitation of an older adult or disabled adult) – Criminalizes using deception or intimidation to obtain or use an older or disabled adult’s assets, including by someone in a position of trust; also allows a prosecutor to seek a freeze of a defendant’s assets in certain cases.
N.C. Gen. Stat. § 108A-116 (Subpoena of financial records in suspected exploitation cases) – Allows an investigating entity to petition district court for a subpoena of financial records in credible exploitation investigations, with an expedited hearing schedule.
N.C. Gen. Stat. § 28A-15-10 (Recovery of property fraudulently conveyed by decedent) – Gives the personal representative a statutory tool to recover certain property the decedent conveyed with intent to hinder, delay, or defraud creditors, subject to limits (including bona fide purchasers).

Analysis

Apply the Rule to the Facts: Here, the allegations include forged checks (signing the parent’s name) and moving funds into other accounts shortly before death, in a context where the parent reportedly had early dementia/Alzheimer’s. Those facts point to (1) a need for an estate representative to obtain records and evaluate what belonged to the parent at death, (2) potential civil claims to recover funds that were wrongfully diverted before death, and (3) potential criminal reporting if the evidence supports forgery or exploitation of an older/disabled adult. A will contest may address whether the last will is valid, but a separate recovery action may still be needed to pull diverted assets back into the estate.

Process & Timing

Who files: Typically the personal representative (executor/administrator) once appointed; in some situations, an interested person may need to start the probate process so someone has authority to act. Where: The Clerk of Superior Court (estate administration) in the county where the estate is opened; civil claims and emergency injunction requests are usually filed in the appropriate North Carolina trial court depending on the claim and relief sought. What: Estate opening filings to appoint a personal representative; written demands for bank records; and, if needed, a civil complaint with a request for a temporary restraining order/preliminary injunction tailored to specific accounts or property.
Secure records quickly: Preserve check images, deposit items, signature cards, account statements, and any power of attorney documents. In practice, early record collection matters because money can be spent and routine document retention periods can run out.
Choose the right track(s): A will contest (caveat) addresses capacity/undue influence as to the will, while a separate civil action may be required to unwind transfers, impose equitable remedies, or obtain an accounting. If the facts suggest elder financial exploitation or forgery, a report to law enforcement can also support an investigation that may obtain records quickly and, in some cases, pursue asset-freezing in the criminal case.

Exceptions & Pitfalls

Will contest vs. asset recovery: A successful will challenge does not automatically restore money that left the parent’s accounts before death; separate claims may still be required to determine what property should be treated as part of the estate.
Non-probate transfers: Some assets pass outside probate (for example, certain joint accounts or beneficiary-designated accounts). That does not always end the inquiry, but it can change the legal theory and the proof needed.
Authority problems: Banks often will not release full records to family members without proper authority. Getting a personal representative appointed (or working through an investigating entity in an exploitation case) is often the practical key to obtaining documents.
Emergency orders must be specific: Courts generally require clear facts showing immediate harm and a narrowly tailored request (specific accounts, specific conduct to stop). Overbroad “freeze everything” requests can be harder to obtain and enforce.
Do not self-help: Trying to access someone else’s online banking, intercept mail, or remove property can create legal exposure and complicate the case.

Conclusion

In North Carolina, evidence of forged checks or last-minute transfers before death is usually handled by appointing a personal representative, gathering bank and transaction records, and then pursuing the correct court process to recover assets that should belong to the estate. A will contest can decide whether the will is valid, but it may not decide whether diverted funds must be returned. The next step is to open the estate and have the personal representative promptly file the appropriate record requests and, if needed, seek a temporary restraining order to prevent further movement of identified funds.

Talk to a Probate Attorney

If there is concern about forged checks, suspicious transfers, or a last-minute change to a will in North Carolina, a probate attorney can help identify the right court process, preserve records, and move quickly on emergency relief when appropriate. 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.