Short answer — what typically happens

If someone makes unauthorized charges against a parent’s accounts or bills the parent’s estate without legal authority, those charges can be disputed and often reversed or pursued as a claim against the person who took the funds. The probate process gives the personal representative (executor/administrator) and interested persons a structured way to identify, contest, and pay valid debts and to recover estate assets improperly taken.

Detailed answer — how the Montana probate system deals with unauthorized charges

Key legal framework

Montana’s laws governing decedents’ estates, the duties of personal representatives, and creditor claims are found in Title 72 of the Montana Code. The probate process focuses on: collecting estate assets, identifying valid debts, paying legitimate claims in order of priority, and distributing remaining assets to heirs or beneficiaries. See Montana Code, Title 72: Decedents’ Estates: https://leg.mt.gov/bills/mca/title_72/.

Typical scenarios of unauthorized charges

• Someone used the decedent’s credit card or bank account after death.
• A caregiver or agent billed the estate for services without authority or for inflated charges.
• A person transferred money out of the decedent’s accounts while acting as an agent, guardian, or fiduciary but beyond their authority.
• A vendor or creditor submits a claim to the estate for services that were never provided.

Immediate practical steps a personal representative or family member should take

1. Secure accounts and stop further withdrawals — contact banks and credit-card companies and provide the death certificate.
2. Create an inventory of estate assets and suspected unauthorized charges.
3. Notify the personal representative or, if no representative is yet appointed, petition the probate court to appoint one.

How the probate court and personal representative address unauthorized charges

1) Claims process: Creditors and others present claims against the estate. The personal representative must review claims and decide whether to allow, reject, or partially allow them. If a person bills the estate improperly, the representative can reject that claim and, if appropriate, sue the claimant to recover funds.

2) Accountings and surcharge: The personal representative must account for estate administration. If the personal representative itself caused or allowed unauthorized charges (negligence, breach of fiduciary duty, or self-dealing), interested persons can ask the court to remove the personal representative or seek a surcharge — a court-ordered repayment of losses caused by the fiduciary’s misconduct.

3) Replevin, turnover, or conversion claims: The estate may file civil actions against the person who took assets. Remedies can include recovery of the property, restitution, and damages.

4) Criminal referral: In cases of theft, fraud, or financial exploitation of a vulnerable adult, the estate representative or family should consider reporting to law enforcement or adult protective services. Criminal prosecution is separate from the probate civil process.

Deadlines and timing

Montana has statutory procedures and time limits for presenting and objecting to claims in probate. These deadlines affect how and when unauthorized-charge claims are addressed; you should act promptly to preserve rights. See Montana Code, Title 72: Decedents’ Estates for timing rules and notice requirements: https://leg.mt.gov/bills/mca/title_72/.

Who pays if an unauthorized charge is allowed or mistakenly paid?

If the personal representative paid an unauthorized charge in good faith but it was not a valid estate debt, the estate can sue the payee to recover the amount. If the personal representative knowingly paid improper charges (self-dealing or breach of duty), the representative may be personally liable and the court may order restitution or surcharge.

Evidence and proof you will likely need

• Bank and credit-card statements showing the disputed transactions.
• Contracts, invoices, or receipts supporting or contradicting the charge.
• Communications (texts, emails, letters) showing authorization or lack of it.
• Probate filings: inventory, accountings, and the personal representative’s report to the court.

Example hypothetical

Suppose a daughter continued to use her deceased parent’s debit card to pay for personal grocery and travel expenses after the parent died. The bank froze the account when notified. As personal representative, the son files probate, lists the bank account, and objects to the daughter’s withdrawals as unauthorized. The son asks the court to surcharge the daughter for the taken funds and files a civil claim for conversion. The court orders an accounting and requires the daughter to repay the estate for personal expenses, less any legitimate charges for estate administration. The son may also refer the matter to law enforcement for possible criminal charges.

Possible outcomes

• The estate recovers the money from the person who made unauthorized withdrawals.
• The personal representative is surcharged or removed for failing to prevent or for participating in improper charges.
• The claimant’s charge is allowed if it was valid and authorized, or denied if not.
• Criminal charges may be filed in cases of theft, fraud, or exploitation.

Where to look in Montana law

Key Montana resources and statutes:

• Montana Code Annotated, Title 72 — Decedents’ Estates: https://leg.mt.gov/bills/mca/title_72/ (overview of probate statutes and chapters).
• Montana Courts self-help and probate information (forms and local procedures): https://courts.mt.gov/ (use local district court probate pages for filing and forms).
• Montana Department of Public Health & Human Services for adult/elder protective services (if elder exploitation is suspected): https://dphhs.mt.gov/.

Helpful hints

• Act quickly: freeze accounts and gather statements as soon as you suspect unauthorized charges.
• Document everything: keep a clear record of disputed transactions, correspondence, and court filings.
• Communicate through written channels when possible to preserve evidence.
• Don’t destroy records: banks, caregivers, and family members may need to produce original records in probate or litigation.
• Consider both civil and criminal options: criminal referrals don’t replace the estate’s civil right to recover funds.
• If the personal representative is the suspected wrongdoer, interested persons can petition the probate court for removal and for an accounting.
• Consult a Montana probate attorney early if the sums are substantial or if the issues involve possible fraud or fiduciary breach.