Short Answer

Yes. In North Carolina, you can challenge survivorship or payable‑on‑death transfers and you can also seek to pull back funds if the estate needs them to pay debts and expenses. You will typically open the estate and use the Clerk of Superior Court process to examine the accounts and, if warranted, pursue recovery. A power of attorney ends at death, but as an heir you are an “interested person” with tools to investigate and, if appropriate, contest transfers.

Understanding the Problem

North Carolina issue: can you, as the named power of attorney and heir, stop or unwind your stepsiblings’ access to your stepparent’s bank accounts that they took by right of survivorship, especially where no one has opened either estate? One key fact here is that your stepsiblings already accessed multiple bank accounts claiming survivorship.

Apply the Law

Under North Carolina law, many joint or payable‑on‑death (POD) accounts pass outside probate to the surviving owner or named beneficiary. But the personal representative (PR) can: (1) recover a decedent’s share of certain joint accounts to pay estate debts/expenses if probate assets are short; and (2) challenge the transfer entirely if the account or designation was not properly created, or if it resulted from undue influence, lack of capacity, fraud, or improper use of a power of attorney. Powers of attorney terminate at death; after death, only the PR (or a court‑authorized interested person) can act for the estate. The main forum to start is the Clerk of Superior Court in the county where the decedent lived.

Key Requirements

• Open the estate and establish standing: Qualify as PR (or have someone do so) to obtain Letters. As an heir, you may also file a verified petition as an “interested person” to examine those holding estate property.
• Identify the account type and paperwork: Obtain signature cards and deposit agreements to confirm whether a true survivorship/POD account exists; missing or noncompliant documents can defeat survivorship.
• Challenge improper transfers: Show lack of required survivorship/POD language, undue influence, lack of capacity, fraud, or agent self‑dealing when the account was created or changed.
• Recover funds to pay estate obligations: Even if survivorship is valid, the PR can recover the decedent’s share to pay year’s allowance (if applicable), funeral, administration costs, taxes, and creditor claims when probate assets are insufficient.
• Follow forum and timing rules: Use the Clerk’s estate proceeding to examine and demand delivery; for injunctions or broader remedies, file a civil action in Superior Court. Publish notice to creditors promptly after qualification.

What the Statutes Say

• N.C. Gen. Stat. § 28A-15-12 (Proceeding to examine persons; recovery) – PR or an interested person may examine those holding estate property and seek recovery.
• N.C. Gen. Stat. § 28A-15-10 (Recovery of assets to pay claims) – Authorizes pulling back certain nonprobate assets to pay estate obligations when needed.
• N.C. Gen. Stat. § 41-2.1 (Joint accounts with survivorship) – Requires written survivorship terms; outlines PR access for claims.
• N.C. Gen. Stat. § 53C-6-6 (Bank joint accounts) – Governs modern bank survivorship accounts and PR recovery mechanisms.

Analysis

Apply the Rule to the Facts: No estates are opened, so the first step is qualification—ideally you, if named in a will, or another qualified person. With Letters, the PR can obtain bank records and signature cards. If survivorship/POD paperwork is defective or resulted from undue influence or misuse of a power of attorney, the PR can challenge those transfers. Even if survivorship is valid, the PR may still recover the decedent’s share to pay funeral, administration, taxes, and creditor claims if estate assets are short.

Process & Timing

1. Who files: You (or another qualified person). Where: Clerk of Superior Court in the decedent’s North Carolina county of residence. What: File AOC‑E‑201 (Application for Probate and Letters) if there is a will, or AOC‑E‑202 if none; request Letters. If urgent, file a verified petition to examine persons holding estate property under § 28A‑15‑12(b1). When: As soon as possible; publication of notice to creditors starts the claims clock.
2. After qualification, issue record requests to banks for date‑of‑death balances and signature cards; evaluate account type and compliance. If needed, file an estate proceeding to compel examination and delivery, or a Superior Court action for injunctive relief and recovery.
3. Once assets are marshaled and claims resolved, the PR distributes under the will, including funding any testamentary trust for your son and addressing any directives (like loan repayment) that the will lawfully authorizes.

Exceptions & Pitfalls

• Valid survivorship/POD designations usually transfer outside probate; without proof of defect or wrongdoing, courts will respect them.
• Survivorship requires proper written terms; missing signatures or unclear agreements can defeat survivorship.
• Powers of attorney end at death; only the PR can act for the estate after death.
• If an agent created or changed accounts to benefit themselves without authority, that can be challenged; keep all POA records.
• Reimbursement for expenses you paid (nursing home fees, insurance) is not automatic; file a timely creditor claim with documentation.
• County practices vary; some clerks require signature cards and may scrutinize joint accounts closely on inventory.

Talk to a Probate Attorney

If you’re dealing with disputed survivorship or POD accounts and an unfunded will or trust, our firm has experienced attorneys who can help you understand your 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.