What to do if someone else is using a deceased parent’s bank or credit-card accounts (Wisconsin)

Short answer: Stop further misuse by preserving evidence, notify the bank and card companies, file a police report if there is suspected theft, and obtain legal authority (usually through probate or a small‑estate procedure) to control and close the accounts. If someone continues to use the accounts improperly, you may need to ask a Wisconsin court to appoint a personal representative and pursue civil or criminal remedies.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed Wisconsin attorney.

Detailed answer — step‑by‑step under Wisconsin law

1. Confirm the death and identify who currently has access

Obtain several certified copies of the death certificate from the funeral home or the local vital records office. Make a list of the affected financial accounts (bank names, account numbers if known, credit-card issuers, and any online account access you can identify). Try to document who is using the accounts and how (withdrawals, transfers, new charges, changed mailing address, etc.).

2. Immediately notify the financial institutions

Call the banks and credit‑card companies, tell them the accountholder has died, and ask the institution to:

• Freeze or close the accounts pending probate or proof of authority;
• Stop recurring payments or automatic transfers; and
• Preserve account records and transaction histories (request written confirmation).

Most banks will require a certified death certificate and proof of legal authority before releasing funds. If an unauthorized person resists the bank’s request to freeze an account, document the bank employee’s name and what was said.

3. Report suspected theft or fraud to law enforcement

If someone is using the deceased person’s accounts for their own benefit without legal authority, that conduct may be a crime (theft, fraud, or conversion). File a police report. In Wisconsin, theft and related offenses are covered under state criminal statutes and may apply to unauthorized use of a decedent’s funds. You should keep a copy of the police report for the bank and for probate court if needed. (For general information on Wisconsin criminal statutes see the Wisconsin Legislature site: https://docs.legis.wisconsin.gov/.)

4. Determine whether you can use a small‑estate procedure or must open probate

Who can lawfully access and close accounts depends on whether the decedent had a will and on the size and nature of the estate.

• If the decedent named an executor and the estate requires probate, that executor must be appointed (receive letters testamentary) from the probate court. Once appointed, the executor presents the letters and the death certificate to banks to access and distribute funds.
• If there is no formal probate need because the estate is small or assets are payable‑on‑death / held jointly, Wisconsin allows streamlined procedures for closing accounts — banks often accept a certified death certificate and an affidavit or small‑estate form and will pay out funds under certain thresholds. Policies differ by institution; ask the bank what documents it requires.

For general Wisconsin probate and estate self‑help resources, see Wisconsin Courts: https://www.wicourts.gov/services/public/selfhelp/estate/.

5. If necessary, open a probate estate or petition for appointment

If a bank will not release funds without court authorization, you (or the person named as executor) must petition the circuit court in the county where the decedent lived to be appointed personal representative. After appointment, the court issues letters that banks accept as proof of authority. If someone is improperly using funds, tell the court and include evidence of misuse in your petition.

6. Civil claims and remedies

If someone converted estate property (used it for their own purposes), the personal representative can bring a civil action to recover funds and may seek damages and costs. The estate (through the personal representative) enforces the decedent’s rights. In parallel, criminal charges may pursue unlawful conduct.

7. Protect the decedent’s credit and identity

• Contact major credit bureaus to place fraud alerts or freezes: Equifax, Experian, TransUnion.
• Report identity theft at https://www.identitytheft.gov/ and follow the FTC’s steps for removing fraudulent charges.
• Notify credit‑card issuers of the death and request account closure and documentation of fraudulent charges.

8. Preserve evidence

Keep originals and copies of bank statements, emails, text messages, account applications, and any communications that show who accessed the accounts and when. That evidence helps both criminal investigators and the probate court.

9. When to get a lawyer in Wisconsin

Talk to a Wisconsin lawyer if:

• Someone is actively spending or transferring funds belonging to the decedent;
• There is a dispute about who is the rightful personal representative;
• You need to open probate and want help moving quickly; or
• You need to file suit to recover converted assets or defend against creditor claims.

For local attorney referral and resources, see the State Bar of Wisconsin: https://www.wisbar.org/.

Helpful hints

• Act quickly. Banks may not freeze accounts without a death certificate and letters, but early notice and a police report can limit further misuse.
• Do not try to forcibly remove someone from the decedent’s home or seize property yourself. Use the police and the courts.
• If you are the named executor, file for appointment promptly so you can lawfully collect and protect assets.
• Ask banks in writing to preserve records and to state, in writing, their reason for releasing or denying access to any person who claims authority.
• Keep a running timeline of transactions and communications (dates, amounts, who spoke to whom). That timeline is critical for police, banks, and the court.
• If the estate is small, ask each bank what documents they accept in lieu of full probate; some accept an affidavit and certified death certificate for modest account balances.
• Creditors have deadlines in probate — consult an attorney so you don’t miss required notices or cause delays that harm the estate.

Where to find more information

• Wisconsin Courts — probate and estate self‑help: https://www.wicourts.gov/services/public/selfhelp/estate/
• Wisconsin State Bar — lawyer referral and resources: https://www.wisbar.org/
• Report and recover from identity theft: https://www.identitytheft.gov/
• General Wisconsin statutes and legislation: https://docs.legis.wisconsin.gov/

If you want, tell me (1) whether there was a will, (2) who is currently using the accounts, and (3) approximately how much money is involved — I can outline the next documents to gather and the likely court steps in Wisconsin.