Short Answer

In North Carolina, you can challenge trust amendments and a will if they were made when the signer lacked capacity or was subjected to undue influence. Start by getting the will from the Clerk of Superior Court and demanding the trust document and an accounting from the trustee. If the trustee refuses, file a trust proceeding to compel information and consider removal; if the will is suspect, file a caveat (will contest) within three years of probate.

Understanding the Problem

In North Carolina, can a sibling challenge trust amendments that cut out the family and force the trustee to provide documents and account, when the changes were made while the signer was seriously ill? One salient fact: the trustee will not share the trust or will and is controlling assets without explanation.

Apply the Law

North Carolina law allows interested persons to (1) contest a will by caveat and (2) bring trust proceedings to obtain information, accountings, and remedies against a trustee, including removal. Challenges to amendments hinge on the signer’s capacity and whether someone exerted undue influence at the time of execution. The Clerk of Superior Court has original jurisdiction over many trust administration matters; jury trials of will caveats occur in Superior Court. A will caveat must be filed within three years after the will is probated. Beneficiaries of an irrevocable trust have the right to a copy of the trust and to an accounting.

Key Requirements

• Standing: You must be an “interested” person affected by the document (e.g., a sibling who would benefit under intestacy, a prior will, or the trust) to pursue a caveat or trust relief.
• Grounds: Show lack of capacity or undue influence when the trust amendment or will/codicil was signed; for trustee misconduct, show breach of trust (e.g., refusing to inform, account, or follow terms).
• Forum: File trust petitions (to compel information/accountings, remove a trustee) with the Clerk of Superior Court; a will caveat is filed with the Clerk and then tried in Superior Court.
• Timeliness: File a will caveat within three years of probate; breach-of-trust claims have their own limitation periods; demand trust information and accountings promptly.
• Evidence: Focus on the decedent’s medical condition at signing, who arranged the changes, and whether a confidential relationship existed that led to an unnatural result.

What the Statutes Say

• North Carolina Gen. Stat. § 31-32 (Caveats; limitation) – File a will caveat; generally within three years after probate.
• North Carolina Gen. Stat. § 36C-8-813 (Duty to inform and report) – Trustee must keep qualified beneficiaries reasonably informed and provide accountings.
• North Carolina Gen. Stat. § 36C-7-706 (Removal of trustee) – Court may remove a trustee for cause.
• North Carolina Gen. Stat. § 36C-10-1001 (Remedies for breach of trust) – Court can compel duties, order an accounting, enjoin breaches, and impose other remedies.

Analysis

Apply the Rule to the Facts: You appear to have standing as a sibling affected by sudden changes. The suspicion of illness-time amendments raises capacity and undue influence issues for both the trust and will. The trustee’s refusal to provide the trust and account suggests a breach of the duty to inform once the trust became irrevocable at death. You can pursue trust relief before the Clerk of Superior Court and file a caveat to test the will’s validity within the deadline.

Process & Timing

1. Who files: You (an interested person). Where: Clerk of Superior Court in the county of estate administration for will issues; for trust issues, in the county of the trust’s principal place of administration or a beneficiary’s residence. What: (a) Written demand to the trustee for a copy of the trust and an accounting; (b) Petition to compel information/accounting and, if needed, to remove the trustee; (c) Caveat to the will if you challenge the will’s validity. When: File the caveat within three years after the will is probated; seek trust relief promptly.
2. After filing, the clerk can order the trustee to produce the trust and account, and may hear removal requests. A will caveat is transferred to Superior Court for a jury trial. Timelines vary by county and court calendars.
3. Final step: In trust proceedings, expect an order compelling information, an accounting, and any appropriate trustee relief. In a caveat, a jury verdict determines the will’s validity; if set aside, prior will or intestacy applies.

Exceptions & Pitfalls

• If the trust’s principal place of administration is outside North Carolina, jurisdiction and venue may shift; confirm before filing.
• Trustees are not automatically required to file accountings with the court; you must affirmatively demand information and, if refused, petition the Clerk.
• Do not combine a will caveat with damages claims; bring trust administration issues before the Clerk, and separate civil claims for monetary relief in Superior Court when needed.
• Failure to act while the estate is open can risk loss of records and assets; the executor must file a 90‑day inventory and accountings—use that process to verify assets.

Talk to a Probate Attorney

If you’re facing last‑minute trust changes and a trustee who won’t share documents, our firm can help you evaluate challenges, enforce accounting rights, and protect deadlines. Call us today to discuss your options.

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.