Detailed Answer — practical steps under Oregon law

If someone is continuing to use a deceased parent’s bank or credit card accounts, act quickly. Oregon law gives certain people the legal authority to control a decedent’s assets (for example, a trustee if there is a trust, or a personal representative/executor if the estate is opened in probate). Anyone else who uses those accounts without authority may be committing theft, identity theft, or conversion.

Immediate actions you should take

1. Gather documents: Obtain multiple certified copies of the death certificate from the funeral home or the local vital records office. You will need these to show banks, credit card companies, and government agencies.
2. Contact each financial institution immediately: Call the bank(s) and credit card issuers, report the account owner’s death, and ask for the account to be frozen or closed. Provide the death certificate and your contact information. Ask for the fraud or estate department and get a case or reference number for every call.
3. Stop further charges and preserve records: Ask card issuers to reverse unauthorized charges and to send account statements and transaction histories to you or to the estate’s representative. Do not attempt to use the deceased person’s cards yourself.
4. Report suspected criminal conduct: If someone is deliberately spending the deceased person’s funds or using their identity, report it to local police and to the Oregon Department of Justice Consumer Protection section. That creates an official record you can use when dealing with banks and in any later court action.
5. Check for a trust or will: Determine whether your parent left a trust or will. If there is a valid revocable living trust, the named successor trustee usually has authority to control trust accounts immediately. If there is a will but no trust, a personal representative must be appointed through probate to obtain legal authority to control estate assets.
6. Open probate or claim a small‑estate process if needed: If the estate must go through probate, someone (typically the nominated executor or a close family member) files a petition with the probate court to be appointed personal representative. Oregon courts provide probate guidance and forms; for smaller estates there may be simplified procedures that let heirs collect assets without full probate. See Oregon Judicial Department probate guide: courts.oregon.gov/self-help/Pages/probate.aspx.
7. Send a demand letter if appropriate: If you can identify the person using the accounts but they refuse to stop or to turn over funds, a demand letter from an attorney can sometimes stop the conduct and preserve your right to sue for recovery.
8. Consider civil remedies: The personal representative (or trustee) can sue to recover estate assets taken without authority. Possible claims include conversion, unjust enrichment, breach of fiduciary duty (if the person had a duty), and theft. Oregon criminal laws against theft and related offenses may also apply; see Oregon’s criminal code on crimes against property at ORS Chapter 164: ors.oregonlegislature.gov/ors/164.
9. Freeze and monitor credit: If identity theft is a concern, place fraud alerts or security freezes with the major credit reporting agencies and file an identity theft report. Also notify the credit card issuers in writing and dispute unauthorized charges under the cardholder agreement.
10. Keep careful documentation: Keep written records of every contact (who you spoke to, date, time, and what was said), copies of letters and emails, and bank statements showing unauthorized transactions. This documentation will be crucial for banks, law enforcement, and a probate or civil case.

Who has legal authority to control the accounts?

Authority depends on how the accounts are titled and whether a trust or will exists:

• If the account is in a revocable living trust, the successor trustee named in the trust instrument manages trust assets immediately after the settlor’s incapacity or death.
• If the account is solely in the deceased’s name and no trust applies, the estate’s personal representative (executor) has authority, but that person is usually appointed by the probate court before taking control of most assets.
• If the account is jointly owned (e.g., joint tenancy with right of survivorship), the surviving joint owner may have immediate control.

Probate basics in Oregon

Probate is the court-supervised process to identify assets, pay valid debts, and distribute remaining property. The person who wants to act for the estate typically files a petition with the local Oregon circuit court. Oregon provides self-help information and forms for probate on the courts’ website: courts.oregon.gov/self-help/Pages/probate.aspx. For small estates, simplified procedures may apply that make it quicker and less expensive to collect assets without a full administration.

When to get a lawyer

Contact an Oregon probate or estate litigation attorney if:

• The other person refuses to stop using or return funds;
• Large sums are at stake;
• Someone disputes who should control accounts or there is a competing will/trust claim;
• Criminal theft or identity theft is apparent and you need to coordinate civil and criminal remedies.

An attorney can file emergency motions, obtain temporary injunctions, press banks to freeze accounts, prepare a probate petition, and pursue civil recovery.

Relevant Oregon resources

• Oregon Judicial Department — Probate self-help and forms: courts.oregon.gov/self-help/Pages/probate.aspx
• Oregon Revised Statutes (general resource): oregonlegislature.gov/bills_laws/Pages/ORS.aspx
• Oregon statutes on crimes against property (theft): ORS Chapter 164
• Oregon Department of Justice — consumer and identity-theft resources: doj.state.or.us/consumer-protection

Helpful Hints

• Act quickly — banks may honor the first person who presents authority documentation, and unauthorized transactions can deplete the estate.
• Get multiple certified copies of the death certificate early — banks and agencies often require originals or certified copies.
• Ask the bank for a written statement when they freeze or close an account and when they identify unauthorized transactions.
• Keep separate files for communications with each institution and for police reports and probate filings.
• If you suspect identity theft, file a police report and an identity-theft complaint with the Oregon DOJ and the three major credit bureaus.
• Don’t confront the person using the accounts alone if you fear hostility; let law enforcement or an attorney handle it.
• If a trust exists, the trustee’s powers are governed by the trust document and Oregon trust law; seek an attorney if the trustee won’t act promptly.
• Even if you are out of state, Oregon-based banks and courts will follow Oregon law for assets located in Oregon — consider hiring an Oregon attorney.