Detailed Answer
Short answer: Yes — you can challenge a sibling’s use of funds from a deceased parent’s bank account before the sibling is appointed administrator, but whether you will succeed depends on who legally owned the account and what the bank will accept. You should act promptly. This article explains the common legal rules that apply in Louisiana, the immediate steps you can take, and the remedies the court can order.
Who controls the money right after a person dies?
Ownership depends on how the account was set up:
- Sole account in the deceased’s name alone: the funds are part of the decedent’s succession (estate) and do not automatically belong to a child or sibling. A person who uses that money without authority can be required to return it.
- Joint account with right of survivorship (common words: joint tenants, joint owners): the surviving joint owner usually becomes the legal owner at death and can typically use the funds immediately.
- Payable-on-death (POD) or transfer-on-death designation: funds pass directly to the named beneficiary and do not become part of the succession.
- Trust account: trust terms control distributions.
- Power of attorney (POA): a POA ends at the principal’s death and cannot be used to move estate property after death.
What does Louisiana law treat as proper authority?
Under Louisiana succession law, only a person authorized by the decedent (by survivorship or beneficiary designation) or by the probate court (an executor or administrator) has the legal authority to manage estate funds. Banks often require either proof the person is a surviving joint owner, a beneficiary under a POD, or letters testamentary/administration before releasing funds that belong to the estate. For more information about Louisiana law and successions, consult the Louisiana Legislature’s site: https://www.legis.la.gov/.
Can you stop your sibling from using the money before court appointment?
Yes — if the account is a sole account or otherwise belongs to the estate, a court can block dissipation of estate assets before the sibling is appointed administrator. Typical remedies include:
- Asking the bank to temporarily freeze the account or to require a court order before permitting withdrawals.
- Filing a petition in the appropriate succession or civil court asking for emergency relief (for example, an order preventing further withdrawals or a court-appointed provisional administrator).
- Seeking a sequestration or conservatory injunction to preserve assets. Courts can issue temporary orders to prevent irreparable loss to the estate while the succession proceeds.
Practical steps to take right now
- Gather documents: death certificate, account statements, account title information (whose names appear on the account), any beneficiary designations, and any power-of-attorney documents.
- Contact the bank in writing: ask how the account is titled and whether the bank will allow any withdrawals. Ask the bank to preserve records of any withdrawals and to place a temporary hold or require letters of administration before releasing estate funds.
- Demand an accounting from your sibling in writing. If they claim they paid the mortgage on behalf of the estate, request evidence (bank records, receipts, mortgage statements showing application of payments).
- File for court relief: if the bank won’t cooperate or the sibling continues removing funds, file a petition in succession/civil court asking for protective relief: a temporary restraining order, a provisional appointment, sequestration of estate funds, or expedited succession administration.
- Consider criminal or law-enforcement referral: if the sibling knowingly took funds they had no right to, criminal theft or conversion charges may be possible. Consult an attorney before taking this route.
How a Louisiana court typically resolves disputed post-death withdrawals
The court will examine:
- The legal title to the account (sole, joint, POD, trust).
- Whether the sibling had any lawful authorization (e.g., named joint owner).
- Whether funds were used for reasonable and necessary expenses of the estate (courts sometimes allow payment of mortgage, taxes, or funeral expenses when a person in control acts reasonably, but the person may still need court ratification).
- Whether the sibling has already dissipated estate assets; the court can order repayment, an accounting, and may award sanctions or damages.
Timing and costs
Act quickly. Estate assets can be spent or moved fast. Emergency filings and bank freezes can stop immediate harm but will cost time and money. If the estate is small, Louisiana provides summary or simplified succession procedures in some cases — these procedures can be faster and less expensive than full administration.
When you should get an attorney
If valuable estate funds are at risk, or the sibling refuses to cooperate, you should consult a Louisiana attorney experienced in succession/probate litigation. An attorney can prepare the emergency filings, handle negotiations with the bank, and represent you at any hearing.
Relevant official resource: Louisiana laws and the Civil Code governing successions and estate administration are available from the Louisiana Legislature: https://www.legis.la.gov/. A local attorney can point to the exact Civil Code and procedure articles that apply to your situation.
Hypothetical example
Imagine a parent dies owning a bank account titled only in the parent’s name. A sibling withdraws $10,000 to pay the mortgage. You (another sibling) believe the account belongs to the estate. Steps you could take: (1) ask the bank to freeze the account pending proof of authority; (2) demand an accounting and receipts from the sibling; and (3) file an emergency petition in succession court asking for an order that the sibling return improperly withdrawn funds or for appointment of a provisional administrator. If the sibling was a named joint owner or beneficiary, the sibling may have the legal right to the money and a court may not intervene.
Helpful Hints
- Act quickly — money can disappear fast after a death.
- POAs end at death. A POA is not authority to take estate funds after death.
- Joint ownership and POD designations usually override succession claims — always check account titling.
- Get everything in writing — written bank responses and written demands to the sibling help the court later.
- Ask the bank to preserve withdrawal records even if it will not freeze the account.
- Consider mediation if family relationships matter and the amounts are not large; mediation can be faster and preserve relationships.
- Keep copies of all documents, receipts, and communications. Document dates, times, and who you spoke to at the bank.
- If you need emergency court orders, an attorney will improve your chances of quick relief and proper filings in Louisiana succession court.