How unauthorized charges to a parent’s estate are handled in Wyoming probate

Disclaimer: I am not a lawyer. This article is educational only and not legal advice. If you think crimes, fraud, or serious estate mismanagement occurred, consult a Wyoming attorney promptly.

Short answer

When unauthorized charges are made against a parent’s accounts or estate, the personal representative (executor or administrator) is responsible for identifying and resolving them during probate. The representative must collect assets, evaluate and pay valid debts, object to or reject improper claims or charges, and may pursue recovery from third parties (for example a caregiver or vendor) through bank remedies, civil lawsuits for conversion or breach of fiduciary duty, or criminal referral. Family members can prompt action by notifying the personal representative, the bank, and law enforcement, and by seeking court intervention in the probate case if the representative fails to protect the estate.

How Wyoming probate typically handles unauthorized charges

1. Who is in charge?

After a person dies, the court appoints a personal representative (often called an executor in a will or an administrator if there is no will). That person has a duty to inventory assets, notify creditors and heirs, and pay valid debts before distributing inheritances.

2. Immediate practical steps to limit further damage

• Tell the bank or credit card companies the account owner has died and ask them to freeze or block transactions. Many institutions will freeze accounts once provided a death certificate and notice.
• Ask the bank for a transaction history and copies of any suspicious statements.
• If you suspect theft or fraud, file a police report. Criminal investigation can support civil recovery and help stop further unauthorized activity.
• Preserve evidence: save bank statements, emails, receipts, and text messages related to the charges.

3. The personal representative’s duties related to claims and disputed charges

The personal representative must:

• Determine which claims and charges are valid obligations of the estate.
• Give notice to known and unknown creditors as required by Wyoming probate procedures so creditors can file formal claims against the estate.
• Object to invalid or unauthorized claims and refuse to pay improper charges.
• File suit against parties who wrongfully withdrew funds or charged the estate without authorization (causes of action can include conversion, unjust enrichment, breach of fiduciary duty, or negligence).

4. Creditor claim deadlines and notice (what to expect)

Wyoming law sets out procedures for giving notice to creditors and for filing claims in probate. The representative typically publishes or gives personal notice so creditors have an opportunity to present claims. Claims that are not timely filed or that lack merit can be rejected by the representative; the estate then contests the claim in probate court if needed. For the exact statutory timing and methods of notice, consult the Wyoming probate statutes (Title 2 of the Wyoming Statutes): https://wyoleg.gov/Statutes/Title2.

5. Remedies if charges are unauthorized

• Bank reversal or chargeback: If a cardholder account or debit card was used unlawfully, banks or card networks sometimes reverse transactions when notified promptly and provided evidence.
• Civil claims by the personal representative: The estate (through the representative) can sue for conversion, breach of fiduciary duty (if a caregiver or agent misused funds), unjust enrichment, or money had and received.
• Accountability of a fiduciary: If a guardian, agent under a power of attorney, or a previously appointed fiduciary made improper charges during life, the probate or district court can surcharge that person, remove them, and order repayment.
• Criminal referral: If the conduct appears criminal (theft, fraud), law enforcement can investigate and prosecutors may pursue criminal charges. A criminal conviction can help the estate obtain restitution.
• Probate court enforcement: Heirs or creditors can ask the probate court to order an accounting, freeze remaining assets, or remove and replace the personal representative if they fail to act properly.

Common scenarios and what usually happens

Scenario A: Credit card charges incurred after death

If charges were made after the parent died, those are not valid estate expenses unless the personal representative authorized them. The estate should demand reversal from the card issuer and refuse to pay the charges. If a third party used the card, the bank may reverse unauthorized transactions and the estate may sue the user.

Scenario B: Caregiver or agent used funds without authority while parent was alive

If someone acting for the parent (an agent or in an informal caregiver role) used funds without authority, the representative can sue for recovery and seek removal or surcharge, and criminal charges might follow. Documentation of capacity, the power given (if any), and transaction records will be critical.

Scenario C: Personal representative pays disputed charges

If the representative pays a questionable claim, heirs may petition the probate court to set aside the payment, require an accounting, or obtain reimbursement. The court can compel the representative to restore funds and may hold them personally liable for improper distributions.

Practical checklist for family members

1. Locate and provide to the personal representative recent bank and credit card statements.
2. Ask the representative whether they have frozen accounts or filed notices to creditors.
3. File a police report if theft or fraud is suspected and keep a copy of the report.
4. Preserve all records and communications involving the disputed charges.
5. If the representative does not act, petition the probate court for an accounting or for removal/replacement of the representative.
6. Consult a Wyoming probate or elder-law attorney promptly to review options and timelines.

When to get help from a Wyoming attorney

Get legal help if any of the following are true:

• Large sums are missing or there is a pattern of suspicious withdrawals.
• The personal representative fails to act or refuses to investigate.
• You suspect a caregiver, agent, or representative stole or misused funds.
• You need to file a claim against someone or petition the court to remove or surcharge a fiduciary.

Where to read the Wyoming statutes

Wyoming’s probate statutes (procedures for administration, notice to creditors, and the duties of personal representatives) appear in Title 2 of the Wyoming Statutes. For the official text and details on notice and claims, see: https://wyoleg.gov/Statutes/Title2.

Helpful hints

• Act quickly: banks and card networks are more likely to reverse unauthorized transactions if notified promptly.
• Obtain a certified copy of the death certificate only after notifying financial institutions; some banks require it to close or access accounts.
• Keep a clear paper trail: emails, letters, and bank printouts help both civil and criminal matters.
• Don’t agree to informal payoffs with a suspected wrongdoer — document offers and any returned funds.
• If you are a fiduciary (agent, trustee, caregiver), keep separate records and never co-mingle your funds with the principal’s or decedent’s funds.
• Ask the probate court for interim accountings if estate activity seems irregular.

If you need help finding a Wyoming probate attorney who handles estate fiduciary disputes or elder financial abuse, a local bar referral service can point you to qualified counsel.