Understanding Your Options When a Family Member Misappropriates Probate Estate Assets
Detailed Answer
Probate gives a personal representative authority to gather assets, pay debts and distribute property. If a family member serving in that role takes estate assets without permission, you have clear remedies under North Carolina law.
First, ask the personal representative for a full accounting. North Carolina law requires them to provide an account of all transactions within 90 days of your request. If they ignore that request, you can file a petition in the Clerk of Superior Court.
If the personal representative fails to act properly, you may petition the court to remove them under N.C. Gen. Stat. § 28A-19-3. This statute lets the court remove a fiduciary for misconduct, including misappropriating funds. You can also ask the court to surcharge the fiduciary under N.C. Gen. Stat. § 28A-18-2 and § 28A-18-4. A surcharge forces the fiduciary to restore any losses to the estate.
You can bring a civil action for breach of fiduciary duty or conversion. A breach of fiduciary duty claim seeks damages for losses caused by wrongful conduct. A conversion claim addresses unauthorized taking or control of estate property.
In serious cases, you can report criminal conduct. North Carolina classifies misappropriation of estate assets as embezzlement or conversion under N.C. Gen. Stat. § 14-90. Local law enforcement or the district attorney can pursue criminal charges.
Finally, you can ask the court to appoint a replacement fiduciary to protect the estate. Judges will step in when a personal representative no longer handles the estate in good faith.
Key Steps to Address Misappropriation
- Demand a written accounting within 90 days.
- File a petition to remove the personal representative under N.C. Gen. Stat. § 28A-19-3.
- Seek a surcharge to recover losses under N.C. Gen. Stat. § 28A-18-2 and N.C. Gen. Stat. § 28A-18-4.
- File a civil lawsuit for breach of fiduciary duty or conversion.
- Report criminal misappropriation under N.C. Gen. Stat. § 14-90.
- Request appointment of a new fiduciary to protect estate assets.
- Consult an attorney experienced in North Carolina probate law.
Misappropriation can drain an estate and strain family relationships. Acting quickly protects the value of assets and upholds the decedent’s wishes.
If you suspect a family member has taken estate property without authority, trust Pierce Law Group to guide you. Our attorneys handle removal petitions, surcharge actions and civil claims. Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055.
