Detailed Answer — Practical steps under Louisiana law

When a person in Louisiana dies, control of that person’s property — including bank accounts and credit cards in their name — passes to the successor(s) through the succession process. If someone else is using the deceased parent’s bank or credit card accounts after death, act quickly. Below are clear, practical steps to stop unauthorized use and to place the accounts under lawful control.

1. Confirm death and preserve evidence

Get several certified copies of the death certificate from the parish health department or the funeral home. Save copies of bank statements, credit card statements, online screenshots showing transactions, and any communications that show someone is using the accounts. These documents will be essential for the bank, the court, and law enforcement.

2. Contact the financial institutions right away

Call each bank and credit-card issuer and tell them the account owner died. Ask the institution to freeze the account(s) or to place a hold on any disbursements until the succession is opened and a succession representative is appointed. Banks will typically require a certified death certificate. If someone else claims authority (for example, they say they are the executor or have the account password), ask the bank what documentation they require and request a written statement of any claim.

3. Determine how each account is titled

How a bank account is titled determines immediate access:

• Accounts solely in the deceased person’s name usually must be handled through succession; banks ordinarily will not let third parties continue to use them.
• Accounts with a named beneficiary or “payable on death” (POD) designation typically pass directly to the named beneficiary outside succession.
• Joint accounts can pass to the surviving joint owner depending on the account agreement and applicable law; if someone is misusing a supposedly joint account, the bank must be shown proof of ownership rights.
• Authorized users on credit cards are not account holders; the primary account remains responsible to the issuer. Unauthorized use after death is often fraud.

4. Open the succession (probate) or get temporary court relief

To get formal legal control over your parent’s assets in Louisiana you normally open a succession in the appropriate parish court. The court appoints a succession representative (often called an executor, administratrix, or succession representative) who has legal authority to collect assets, pay debts, and distribute property according to the will or law.

If immediate access is necessary (for example, to stop someone from draining accounts or to pay urgent bills), you can ask the court for temporary relief such as an order granting interim possession of movable property or an emergency temporary injunction. The court can also order banks to turn over records or freeze accounts pending appointment of a representative.

Because Louisiana law has specific rules for successions and courtroom procedures, you will likely need to file a petition in the parish where your parent lived. The Louisiana Legislature’s official site provides laws and search tools for succession rules: legis.la.gov – succession search.

5. Use the succession representative’s letters to demand bank cooperation

Once the court issues letters appointing a representative, present those letters to the bank. The bank must comply with lawful requests by the representative, such as turning over account statements, closing or transferring accounts, or recovering funds that were withdrawn improperly after death.

6. If someone is using accounts without authorization, consider both civil and criminal remedies

If a relative or stranger is taking money from the deceased person’s accounts without legal authority, you can:

• Ask the bank to reverse unauthorized transactions and to place a fraud alert with the credit-card issuer.
• File a police report for theft, fraud, or conversion. Criminal investigators can sometimes freeze assets or pursue criminal charges.
• Bring a civil action in state court seeking recovery of funds, an accounting, and damages for conversion or unjust enrichment.

7. Notify credit bureaus and card issuers

Tell credit-card companies the account owner died and dispute any post-death charges in writing. Ask issuers to designate the account as belonging to a deceased person so they stop approving new charges. Keep records of every communication.

8. Keep careful records and communicate in writing

Document every call, email, letter, and bank visit. Send written requests by certified mail when asking for account records or asking the bank to freeze accounts. Courts and banks respond best to organized, written evidence.

9. When to get an attorney

If the accounts are large, if a third party refuses to stop using the accounts, or if the alleged user claims they have a right to the money, hire an attorney who handles Louisiana successions, estate administration, and litigation. An attorney can file the necessary pleadings, ask the court for immediate protective relief, and pursue civil recovery and coordination with law enforcement.

For general information and resources about succession and probate procedures in Louisiana, the state legislature and court resources are useful places to start: legis.la.gov and your local parish court clerk’s office.

What to expect from the timeline

Opening a succession and getting full control can take weeks to months depending on complexity, whether there’s a will, and whether there are disputes. Emergency court actions (temporary possession, account freeze) can move faster if you present clear evidence of post-death misuse.

Practical example (hypothetical)

Suppose your mother dies, and you learn a neighbor has been withdrawing cash from her checking account. You should immediately get the death certificate, contact the bank to report the death and request a freeze, gather bank statements showing the withdrawals, file a police report, and file a petition in the parish court to open the succession and obtain a temporary order blocking further withdrawals. After the court appoints you or another representative, use the court’s letters to force the bank to return improperly withdrawn funds and to close or transfer accounts as the succession requires.

Important: Louisiana succession law follows unique civil-law concepts and procedures. The facts of each case matter. If the person using the accounts claims a right (for example they say they are a joint owner or the decedent gave them power of attorney before death), an attorney can evaluate that claim and advise on next steps.

Helpful Hints

• Get multiple certified copies of the death certificate immediately.
• Freeze accounts in writing and ask banks to flag accounts for fraud.
• Save all statements, screenshots, and evidence of unauthorized transactions.
• File a police report if you suspect theft or fraud.
• Open the succession in the parish where the deceased lived to obtain legal authority over accounts.
• Ask the court for emergency relief if the money is being drained.
• Use certified mail or secure electronic records when corresponding with banks and credit-card issuers.
• Keep a dated log of every phone call and person you speak with at a bank or issuer.
• Consider an attorney familiar with Louisiana succession law early if disputes or significant assets exist.
• Remember: a power of attorney ends at death — it does not give someone post-death authority over accounts.

Resources: For Louisiana statutes and more on successions, use the official state legislature site: legis.la.gov search: succession. For questions about court procedures, contact the clerk of the parish court where the decedent lived.

Disclaimer: This article is for educational purposes and does not constitute legal advice. It explains general Louisiana procedures and options for regaining control of a deceased person’s accounts. Every situation is different. Consult a licensed Louisiana attorney to get advice tailored to your specific circumstances.