How can I enforce or protect estate funds when a co-heir refuses to honor an agreement?
1. Detailed Answer
When heirs agree on how to divide or manage estate assets, everyone must follow that agreement. If a co-heir then refuses to honor it, you have several legal tools under North Carolina law to enforce the agreement and protect the estate’s funds.
1. Review and Document the Agreement
First, gather all written records. This may include the signed agreement, emails, text messages, and notes from any meetings. A clear, written agreement makes enforcement easier.
2. Petition the Clerk of Superior Court for Instructions
If the estate is still under administration, you can ask the Clerk of Superior Court in the county handling probate to issue instructions. Under North Carolina General Statutes §28A-12-1, the court can interpret agreements and order the personal representative to withhold or distribute funds accordingly. A petition for instructions helps clarify each heir’s obligations and prevents further dissipation of assets.
3. Seek a Temporary Restraining Order or Injunction
To stop a co-heir from selling, transferring, or otherwise disposing of estate assets, you can file a motion for a preliminary injunction or temporary restraining order in Superior Court. North Carolina General Statutes §1-252 allows the court to grant injunctive relief when you show (1) a likelihood of success on the merits of your claim and (2) potential irreparable harm if the assets are not protected.
4. Attachment and Sequestration
Next, you can secure estate funds by asking for attachment under G.S. 1-485 or for sequestration under G.S. 1-339. Attachment lets the court earmark funds or property to satisfy a future judgment. Sequestration appoints a court officer or receiver to take custody of disputed assets until the dispute resolves.
5. File a Civil Lawsuit for Breach of Contract or Conversion
If negotiations and emergency motions do not resolve the issue, you may sue the co-heir in Superior Court for breach of contract or conversion. In a breach-of-contract claim, you ask for damages equal to your share of the estate or specific performance (forcing the heir to comply). A conversion claim targets wrongful control over estate funds, asking the court to order return of the money.
6. Enforce the Judgment
After you win a judgment, you can use standard post-judgment remedies in North Carolina. These include garnishment of bank accounts, execution on assets, and further attachment of property the co-heir owns. These remedies help you collect what the court awards.
2. Key Steps to Enforce and Protect Estate Funds
- Gather and preserve all written agreements and communications.
- File a petition for instructions with the Clerk of Superior Court (G.S. 28A-12-1).
- Request a temporary restraining order or preliminary injunction (G.S. 1-252).
- Pursue attachment (G.S. 1-485) or sequestration (G.S. 1-339).
- Bring a civil action for breach of contract or conversion in Superior Court.
- Use post-judgment remedies—garnishment, execution, or further attachments—to collect.
- Maintain clear records of all court filings, orders, and communications.
Contact Pierce Law Group for Help
Enforcing estate agreements against an uncooperative co-heir can involve complex court procedures and strict deadlines. At Pierce Law Group, our attorneys have guided many families through these disputes. We protect estate assets and pursue full enforcement of your rights. Contact us today for a review of your situation. Email intake@piercelaw.com or call us at (919) 341-7055. Let us help you secure the estate funds you deserve.
