Jan242026
Probate Q&A Series

What kind of lawsuit can be filed if a family member used undue influence or elder abuse to take control of an account? – North Carolina

Short Answer

In North Carolina, the right lawsuit depends on whether the account was supposed to pass through the estate (under the will) or pass outside probate (like a payable-on-death account). If the problem is a will that was procured by undue influence, the usual case is a caveat (a will contest) filed with the Clerk of Superior Court. If the problem is that someone used undue influence, deception, or misuse of authority to take over a bank account (including changing beneficiaries or adding themselves), the usual case is a separate civil lawsuit for claims like conversion, fraud/constructive fraud, and a constructive trust to recover the funds.

Understanding the Problem

In North Carolina probate disputes, the key question is often: can a lawsuit undo a family member’s takeover of a checking or savings account when the takeover happened through undue influence or elder abuse? The answer depends on what legal “path” the money was supposed to follow at death—through the estate under the will, or directly to named beneficiaries through the bank’s beneficiary designation. The same family conflict can require two different court proceedings, because a will contest decides whether the will is valid, while an account-takeover case focuses on whether the account changes or withdrawals were wrongful.

Apply the Law

North Carolina law treats a will contest (undue influence affecting the will) differently from claims that someone wrongfully took or redirected assets during life (undue influence affecting account ownership, joint ownership, or beneficiary designations). A caveat challenges the validity of the will. A separate civil action can seek to unwind wrongful transfers, recover money taken from accounts, and impose remedies that treat the wrongdoer as holding the funds for the proper owner (often the estate or the intended beneficiaries).

Key Requirements

  • Identify the transfer mechanism: Determine whether the account passed by will (estate asset) or by contract designation (like POD or joint survivorship).
  • Connect the conduct to the account change or loss: Show how the family member gained control (beneficiary change, adding a joint owner, using a power of attorney, or withdrawals) and why it was wrongful (undue influence, deception, intimidation, or abuse of a position of trust).
  • Choose the correct forum and remedy: Use a caveat to attack the will; use a civil lawsuit to recover account funds or unwind account changes (often through conversion, fraud/constructive fraud, unjust enrichment, and constructive trust).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a grandparent who died with a will and bank accounts that previously had payable-on-death beneficiaries intended to split funds among living children. If a family member used undue influence or elder abuse to take control of the accounts (for example, by changing POD beneficiaries, adding themselves as a joint owner, or withdrawing funds), the most direct recovery path is usually a civil lawsuit aimed at the account transactions, because POD accounts typically pass outside the will. If the same conduct also produced a will that changed who inherits probate assets, a caveat may be needed as well, because a caveat decides the will’s validity but does not automatically decide whether lifetime account transfers should be pulled back into the estate.

Process & Timing

  1. Who files: Usually an “interested person” (often a child/heir/beneficiary) or the personal representative (executor/administrator), depending on the claim. Where: A will caveat is filed with the Clerk of Superior Court in the county where the estate is administered; a civil recovery case is typically filed in North Carolina Superior Court. What: A caveat (will contest pleading) for undue influence affecting the will; and/or a civil complaint asserting claims such as conversion, fraud/constructive fraud, unjust enrichment, and requesting a constructive trust over the account funds. When: A caveat is generally allowed within three years after probate in common form under N.C. Gen. Stat. § 31-32.
  2. Early case steps: The case usually turns on documents and timelines—signature cards, beneficiary change forms, online banking access logs, power-of-attorney documents, and medical/capacity records. In many disputes, the most important factual questions are when the account change happened and what the account owner understood and intended at that time.
  3. Resolution: If the court finds the will was procured by undue influence, the will (or the challenged portion) may not control the estate distribution. If the court finds the account takeover was wrongful, the court can order repayment and may impose remedies that treat the wrongdoer as holding the funds for the proper owner (often the estate or the intended beneficiaries), depending on how the account was structured.

Exceptions & Pitfalls

  • Wrong proceeding for the wrong asset: A caveat focuses on whether the will is valid (often capacity and undue influence). It does not automatically “pull back” a POD account or a joint survivorship account that was changed during life. Many families need both a caveat (for the will) and a separate civil case (for the account transactions).
  • POD accounts do not follow the will: Under N.C. Gen. Stat. § 54C-166.1, POD funds generally pass to the named beneficiary at death, not under the will. That is why the lawsuit often targets the beneficiary change or the conduct used to obtain it.
  • “My name was on the account” is not always a defense: Even when someone is added to an account, withdrawals can still be challenged as wrongful depending on who contributed the funds and whether the withdrawals exceeded any authority or violated a duty of trust.
  • Criminal elder exploitation vs. civil recovery: Statutes like N.C. Gen. Stat. § 14-112.2 address criminal conduct. A criminal investigation can help, but it does not automatically return funds; civil claims are usually needed to recover money.

Conclusion

In North Carolina, the lawsuit depends on what was taken and how. If undue influence affected the will, the typical case is a caveat filed with the Clerk of Superior Court, generally within three years after probate in common form. If undue influence or elder abuse affected a checking or savings account (such as changing POD beneficiaries, adding a joint owner, or making withdrawals), the typical case is a separate civil lawsuit to recover the funds and unwind the transaction. The next step is to file the correct pleading in the correct forum before the caveat deadline runs.

Talk to a Probate Attorney

If a family member took control of a bank account through undue influence or elder abuse, the right case often depends on whether the account passed through the estate or outside probate. Our firm has experienced attorneys who can help sort out the correct claims, the right court, and the timelines. Call us today at [CONTACT NUMBER].

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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.