Short Answer

In North Carolina, you typically recover money or property taken by a power of attorney (POA) through (1) an accounting order against the agent and (2) a civil lawsuit for breach of fiduciary duty and related claims to get repayment, void a deed, or impose a constructive trust. After death, the court-appointed personal representative (PR) of the estate pursues these remedies. If a named executor will not cooperate, you can ask the Clerk to compel the will and appoint an alternative PR so recovery can proceed.

Understanding the Problem

You want to know if you can, in North Carolina, recover money and a house that a relative took while acting under a power of attorney. Here, the relative deeded the home to themselves before your grandparent died. The core issue is whether a court can force that agent to account, return funds, and unwind the deed once a personal representative is in place to act for the estate.

Apply the Law

Under North Carolina law, an agent under a POA owes fiduciary duties and must act in the principal’s best interests. After the principal dies, the estate’s personal representative has authority to demand a court-ordered accounting from the agent and to sue in Superior Court for money damages, to void self-dealing transfers, and to impose a constructive trust so misappropriated assets are returned. If the named executor won’t qualify or produces no will, the Clerk of Superior Court can compel the will and appoint a substitute fiduciary so the estate can act. The Clerk handles the accounting proceeding; monetary recovery and title-clearing claims are filed in Superior Court. Key time triggers include short response windows when seeking implied renunciation of a non-cooperative executor.

Key Requirements

• Standing: A duly appointed personal representative (executor or administrator c.t.a.) must act for the estate to compel an accounting and file recovery suits.
• Agent breach or lack of authority: Show the POA agent self-dealt, exceeded authority (e.g., gifting or deeding to self without express power), or otherwise breached fiduciary duties.
• Remedies tailored to the asset: Seek an accounting; money judgment; constructive trust; tracing and recovery of funds; and, for real estate, voiding the deed or quieting title.
• Correct forum: Use the Clerk of Superior Court to compel an accounting; use Superior Court for damages, deed-set-aside, and constructive trust claims; record a lis pendens to protect title.
• Procedural triggers: If a named executor won’t qualify, ask the Clerk for implied renunciation after notice; the executor typically has 15 days to respond.

What the Statutes Say

• N.C. Gen. Stat. § 32C-1-116 (Judicial relief under a power of attorney) – Clerk can order an agent to account; certain matters may be transferred or filed in Superior Court.
• N.C. Gen. Stat. § 32C-1-117 (Agent’s liability; remedies) – Court may award money, restore property, void acts, impose a constructive trust, and award fees.
• N.C. Gen. Stat. § 28A-15-12 (Actions to recover property of decedent) – Authorizes suits to recover estate property in Superior Court.
• N.C. Gen. Stat. § 28A-2A-4 (Compel production of a will) – Clerk can order a person to produce the will for probate.

Analysis

Apply the Rule to the Facts: Because the relative won’t open probate or renounce, you can ask the Clerk to compel production of the will and, if necessary, deem the named executor to have renounced so an administrator c.t.a. can be appointed. Once appointed, the PR can demand an accounting from the former POA and bring a Superior Court action for breach of fiduciary duty and constructive fraud. The deed the agent made to themselves before death can be challenged as self-dealing beyond POA authority; the PR can seek to void it or impose a constructive trust so the house or its value returns to the estate.

Process & Timing

1. Who files: A beneficiary or other interested person. Where: Clerk of Superior Court in the decedent’s county. What: File AOC‑E‑201 (Application for Probate and Letters); if the will is withheld, file an application to compel its production; if the named executor refuses to act, petition for implied renunciation and appointment of an administrator c.t.a. When: After death; the Clerk typically gives the named executor 15 days to qualify, respond, or seek more time.
2. After appointment, the PR files an estate proceeding before the Clerk to compel the former POA to provide a full accounting and records. In parallel, the PR files a Superior Court civil action seeking damages, a constructive trust, and deed‑set‑aside or quiet‑title relief; record a lis pendens to protect the real estate. Interim orders (accounting schedule, preservation orders) often issue within weeks; timing varies by county.
3. With court orders, the PR recovers funds and clears title (voiding the deed or imposing a constructive trust). The PR updates the estate inventory and administers the assets under the will, subject to the Clerk’s oversight.

Exceptions & Pitfalls

• If the POA document expressly authorized self‑gifting or self‑dealing consistent with the principal’s history, some transactions may be harder to unwind.
• If real property was later sold to a bona fide purchaser without notice, you may recover value from the wrongdoer rather than the property itself.
• Use the right forum: the Clerk handles accountings; Superior Court handles money damages and deed/title claims. Record a lis pendens early to avoid title transfer.
• Only the PR can pursue the POA after death; beneficiaries generally cannot sue directly. Get Letters issued first.
• Limitations periods can apply; they may be tolled while the fiduciary relationship exists, but do not delay in filing.

Talk to a Probate Attorney

If you’re dealing with POA‑related misuse of funds or a self‑dealing deed, our firm can help you open the estate, compel an accounting, and pursue recovery in court. Call us today to discuss your options and timelines.

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.