Short Answer

Yes, North Carolina law provides tools to recover estate property that was taken or sold under an invalid or misused power of attorney. You can open your mother’s estate and use an estate proceeding before the Clerk of Superior Court to examine the person holding assets and seek an order to return them. If you need money damages or to set aside deeds or transfers, you file a civil action in Superior Court. Deadlines and procedures apply.

Understanding the Problem

In North Carolina, can an heir or personal representative recover real estate and investments when a sibling used a power of attorney to move assets just before death, and the signatures may be forged? Here, your mother died without any probate filed, and your sister recorded and used a power of attorney to transfer property out of the estate.

Apply the Law

North Carolina separates quick estate remedies before the Clerk of Superior Court from broader lawsuits in Superior Court. An “interested person” or a personal representative may start an estate proceeding to examine someone believed to have estate property and ask the clerk to order its return. The clerk can order turnover of property in the respondent’s possession but cannot award money damages. If you need to set aside deeds, obtain damages for breach of fiduciary duty, fraud, or undue influence, you must file in Superior Court. A personal representative can also seek possession/control of real estate for administration when needed. Powers of attorney end at the principal’s death, and an agent owes fiduciary duties while acting under a valid power of attorney; courts may void unauthorized acts and impose remedies like constructive trusts and accountings.

Key Requirements

• Standing: Open the decedent’s estate or proceed as an “interested person” to start a discovery-of-assets estate proceeding.
• Identify estate property: Show the property belongs to the estate and that the respondent currently possesses or controls it.
• Choose the right forum: Use the Clerk of Superior Court for examination/turnover; use Superior Court for setting aside deeds and money damages.
• Personal representative powers: A PR may seek possession/control of real estate for administration through a special proceeding.
• Agent accountability: An agent under a power of attorney owes fiduciary duties; courts can void unauthorized acts, compel accountings, and order restoration of property or proceeds.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-15-12 (Recovery of estate property) – Allows an interested person or PR to examine holders of estate property and seek an order returning it.
• North Carolina Gen. Stat. § 28A-13-3 (PR powers) – Authorizes a PR to take possession/control of real property when in the estate’s best interest, via special proceeding.
• North Carolina Gen. Stat. § 28A-2-6 (Contested estate proceedings; transfer) – Provides for transfer to Superior Court and sets appeal/transfer procedures.
• North Carolina Gen. Stat. § 32C-1-117 (Agent’s liability) – Lists remedies for breach by an agent, including voiding acts, accountings, and restoration of property/proceeds.

Analysis

Apply the Rule to the Facts: Because your mother died without an estate opened, the first step is to open her estate so a personal representative can act. With suspected misuse or forgery of the power of attorney, you can initiate an estate proceeding to examine your sister and seek an order for the return of any estate assets she still holds. If properties were sold or investments liquidated, you would then pursue a Superior Court action to set aside unauthorized transfers and seek money damages and equitable remedies.

Process & Timing

1. Who files: An interested person or, preferably, the personal representative. Where: Clerk of Superior Court (Estates Division) in the North Carolina county of the decedent’s domicile. What: Apply for Letters (AOC‑E‑201 for wills or AOC‑E‑202 if intestate), then file a verified petition to recover estate property (no preprinted AOC form). When: File promptly; if you want the matter heard in Superior Court, serve a notice of transfer within 30 days of service of the pleading.
2. At the clerk’s hearing, present evidence that the identified property belongs to the estate and is in the respondent’s possession. If granted, the clerk orders turnover and may set a deadline; noncompliance can be enforced by contempt. If broader relief is needed (damages, deed rescission), file or transfer to Superior Court. Timing varies by county.
3. In Superior Court, seek remedies such as rescission of deeds, constructive trust, tracing, an accounting, and damages for breach of fiduciary duty, fraud, or conversion. Record any orders affecting title and coordinate with the Register of Deeds to update real property records.

Exceptions & Pitfalls

• The clerk cannot award money damages; pursue damages and deed rescission in Superior Court.
• If the respondent no longer possesses the property, the clerk may deny turnover; use Superior Court remedies (tracing, constructive trust, damages).
• Powers of attorney end at death; any post‑death transfers by an agent are generally invalid, but proving timing and authority requires records and testimony.
• Serve parties properly and track transfer/appeal deadlines; missing them limits your options.
• Real estate title issues may require filing a lis pendens when you seek to set aside a recorded deed in Superior Court.

Talk to a Probate Attorney

If you’re dealing with missing estate assets or property transfers under a questionable power of attorney, 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.