Disclaimer: I am not a lawyer. This article is for general information only and is not legal advice. For advice about your specific situation, consult a licensed Minnesota attorney.

Detailed Answer — What to do and the legal framework

If someone else is using a deceased parent’s bank or credit card accounts, you can usually stop the misuse and regain control by acting quickly and following Minnesota probate and criminal procedures. Below are practical steps, the legal avenues you’ll likely use, and relevant Minnesota law.

1) Immediate actions to stop ongoing misuse

1. Contact the bank(s) and credit card companies right away. Tell them the account owner is deceased and ask them to freeze or close the accounts and block further transactions. Provide a certified copy of the death certificate when the bank requests it.
2. Ask the issuer to place a fraud alert or block on card accounts, and ask how to dispute recent or continuing charges. Most banks have fraud departments that will review and may reverse unauthorized transactions.
3. Contact local police if someone is using accounts without authorization. Using a deceased person’s funds without legal authority can be criminal theft under Minnesota law (see Minnesota Statutes, chapter 609: theft statutes) — for the theft statute, see https://www.revisor.mn.gov/statutes/cite/609.52.

2) Establish legal authority to collect and control assets (probate or small estate procedures)

You generally need legal authority to control or transfer a deceased person’s assets. Two common routes in Minnesota are:

• Small estate collection (affidavit process): If the total value of the decedent’s personal property that must be collected is within the applicable small-estate limits, an heir or other person may use a statutory affidavit to collect assets from banks and other institutions without full probate. This is governed by Minnesota’s probate rules (see the Minnesota Uniform Probate Code provisions). See the statute material here: https://www.revisor.mn.gov/statutes/cite/524.3-120 and general Chapter 524: https://www.revisor.mn.gov/statutes/cite/524.
• Formal probate and appointment of a personal representative: If the estate requires formal administration, you (or another person) must file a petition in Minnesota district court to open probate. The court appoints a personal representative (sometimes called an executor or administrator). The personal representative receives letters testamentary or letters of administration, which they present to banks and creditors to prove authority to access, manage, and close accounts. See Minnesota Courts’ probate guidance: https://www.mncourts.gov/Help-Topics/Probate.aspx and the probate statutes at https://www.revisor.mn.gov/statutes/cite/524.

3) Documentation banks and credit card companies will require

• Certified death certificate (you can get this from the Minnesota Department of Health: https://www.health.state.mn.us/people/vitalrecords/death.html).
• Proof of your authority: either a small estate affidavit or certified court-issued letters for a personal representative.
• Your government-issued ID and contact information for other heirs or interested parties, if requested.

4) If someone who is not authorized refuses to stop using accounts

1. Report the misuse to the bank and credit card companies, providing the death certificate and any evidence showing lack of authority.
2. File a police report for suspected theft or fraud. Link to theft statute: https://www.revisor.mn.gov/statutes/cite/609.52.
3. File for probate or a small estate affidavit. Once you have legal authority, present the court papers or affidavit to the financial institutions and demand account turnover. If the person persists, your attorney can pursue civil claims for conversion or seek court orders enforcing the estate’s rights.

5) Special situations to watch for

• Joint accounts: If an account is jointly held with right of survivorship, the surviving joint owner often becomes sole owner automatically. Banks may require the death certificate and proof of identity before changing account title.
• Payable-on-death (POD) or beneficiary accounts: Accounts with designated beneficiaries generally pass to the named beneficiary outside of probate. The beneficiary must present ID and a death certificate to collect funds.
• Authorized users on credit cards: An authorized user (not an account owner) generally loses authority at the cardholder’s death. The primary account holder’s estate remains responsible for balances; unauthorized continuing use of the card may be criminal fraud or grounds to recover funds.

6) Timeline and practical expectations

Financial institutions may act quickly to freeze or restrict accounts once provided a death certificate, but clearing ownership disputes can take longer. Small estate affidavits can allow relatively fast access in straightforward cases. Formal probate can take months, depending on the estate’s size and creditor claims. Criminal investigations run on law-enforcement timelines.

7) When to get legal help

Consider hiring a Minnesota probate attorney if:

• Someone is actively stealing or spending estate funds and will not stop.
• The estate has substantial assets, disputes among heirs, or complex creditor claims.
• You need help drafting or filing the small estate affidavit or opening probate in district court.

General Minnesota probate resources and statutes: https://www.revisor.mn.gov/statutes/cite/524 and Minnesota Courts probate help: https://www.mncourts.gov/Help-Topics/Probate.aspx

Helpful Hints

• Act fast: freezing accounts and filing a police report can preserve estate assets.
• Gather documents early: certified death certificate, account statements, recent correspondence, copies of the will (if any), and IDs for potential personal representatives.
• Keep a written log of every call: date, time, person spoken to, and what they said. This helps if you need to prove you notified institutions or reported fraud.
• When contacting banks, ask for the bank’s required process in writing (email or letter) so you know exactly what they need to release funds.
• If the other person claims authority (e.g., power of attorney), remember most POAs terminate at the principal’s death. Ask to see the document and verify its effective dates.
• If you expect criminal misuse, get a police report number and provide it to the bank’s fraud department; that often accelerates action.
• Use Minnesota’s probate courts resources for self-help forms and instructions if you plan to handle a small estate without an attorney: https://www.mncourts.gov/Help-Topics/Probate.aspx