Personal Representative’s Inspection of Assets in an Estate:
What do you do when a family member refuses to turn over property to you as the personal representative of the estate? What can you do when your demands to return the property are ignored? Fortunately, North Carolina gives personal representatives, both administrators and executors of the estate, numerous tools to put estate assets back in the rightful owners’ hands.
N.C. Gen. Stat. § 28A-15-12 allows personal representatives to sue in superior court to recover any property of any kind belonging to the estate. The statute gives personal representatives access to the remedies of Chapter 1, Subchapter 13 of the General Statutes. These remedies include attachment, delivery of property, injunctions, among others. If a personal representative needs to recover property of the estate, N.C. Gen. Stat. § 28A-15-12 gives her a wide variety of options to claw back in what is rightfully the estate’s property.
PROCEEDING FOR EXAMINATION OF ASSETS: What can a personal representative do if she suspects that a person has possession of estate property, but needs to find out for sure before she begins a lawsuit? N.C. Gen. Stat. § 28A-15-12 also gives personal representatives several choices to discover what estate assets are in the wrong hands. This is a hearing before the clerk.
If a personal representative reasonably believes that someone is in possession of estate assets, she can bring an estate proceeding to examine that person and demand the recovery of that property. The personal representative must file a verified petition with the clerk detailing why the person should submit to examination before the clerk. If the clerk determines that the person under examination has estate property in their possession, then the clerk can issue an order requiring the return of that property to the estate. The clerk can enforce the orders demanding return of estate property with the threat of contempt of court, which can mean jail time for the person wrongfully holding estate assets.
North Carolina estate litigation attorneys W. Kirk Sanders and Benjamin C. McManus at Hendrick Bryant (HBNSO) have experience in recovering estate property and other estate litigation issues. Call the North Carolina estate litigation attorneys at Hendrick Bryant today at (336) 723-7200 to set up an appointment to discuss your matter.
Estate inspection of property retained by another
What happens if person won’t turn over assets to estate?
Estate property
Personal Representative of the Estate