Can I stop a sibling from using our deceased parent’s bank account for mortgage payments before an administrator is appointed?

Short answer: Maybe. Your options depend on who legally owned the account (sole owner, joint owner, or payable-on-death), whether your sibling has legal authority, and whether the court has opened an estate. If the account was solely in your parent’s name, funds generally belong to the estate and a sibling who withdraws them without court authority may be liable. You can ask the probate court for temporary protection, seek an accounting, and possibly recover misused funds. This is a legal matter—consult a Maine attorney promptly.

Detailed answer — what Maine law and practical steps mean in this situation

1. Who actually owns the money?

The first and most important question is the ownership type of the bank account:

• Joint account with right of survivorship: If your parent placed a sibling as a joint owner with survivorship rights, the surviving joint owner usually becomes the outright owner immediately upon death. The funds typically do not become estate property and are not controlled by the probate court.
• Payable-on-death (POD) or transfer-on-death: Funds pass directly to the named beneficiary at death and generally bypass probate. The beneficiary is entitled to the funds.
• Sole account in the decedent’s name: Money is estate property. Only a court-appointed personal representative (administrator or executor) can generally distribute estate assets, except for narrow exceptions (e.g., small estate procedures or statutory allowances for funeral expenses). If a sibling withdraws funds from a sole account before appointment as administrator, that withdrawal may be unauthorized.

2. Banks and access after death

Banks vary in practice. Often, when they learn of the account holder’s death they freeze the account until they see a certified death certificate and evidence of authority (like letters testamentary or letters of administration). Some banks will allow limited payments (mortgage, utilities) to prevent immediate harm—but they do this under their own policies, not because a person has legal authority to take estate funds. If the sibling is withdrawing funds while the account is solely in the decedent’s name, the bank may later be asked to repay the estate if the withdrawals were improper.

3. What Maine probate law controls this?

Probate practice and rules about appointment of administrators, opening estates, and what the personal representative may do are governed by Maine law and probate court procedures. You can review Maine probate guidance and statutes at the Maine Legislature and Maine Judicial Branch probate self-help pages for procedures and forms:

• Maine Revised Statutes — Maine Legislature
• Maine Judicial Branch — Probate Self-Help

4. Immediate remedies you can seek

If you believe your sibling is improperly using estate funds, consider these steps — taken promptly:

1. Gather documents: Get the death certificate, account statements, the mortgage statement, any will, and communications that show who has been accessing the account.
2. Contact the bank in writing: Ask the bank to explain who has access and request they freeze withdrawals from the account until the probate court resolves authority. Ask what documents they need to release funds lawfully.
3. File to open probate: Petition the probate court to open the estate and appoint a personal representative. Once the court issues letters of administration or letters testamentary, the representative gains authority to manage the estate assets.
4. Request temporary court relief: Ask the probate court for temporary protection — for example, an order that the sibling account for any withdrawals, or appointment of a temporary personal representative to secure estate assets. The court can sometimes issue emergency relief to prevent dissipation of estate property.
5. Pursue an accounting and return of funds: If funds were taken improperly, the court can order the sibling to return the money, surcharge them (financial penalty) if they served as de facto fiduciary, or allow a civil claim for conversion or unjust enrichment.
6. Consider mediation or negotiation: If the sibling’s payments prevented foreclosure, the court may view the conduct differently. You can negotiate an accounting or reimbursement plan instead of prolonged litigation.

5. Possible legal claims and consequences

Depending on facts, a sibling who withdraws estate funds without authority may face civil liability (for conversion, breach of fiduciary duty if acting as an estate representative without authority, or unjust enrichment). In some cases, banks that improperly disbursed funds could be liable to the estate if they failed to follow required procedures. Criminal charges for theft are possible but less common; criminal authorities decide whether to pursue that route.

6. Timing and urgency

Act quickly. Mortgage lenders can foreclose on a property on accelerated timelines. If the sibling’s payments keep the mortgage current, freezing the account without another way to pay could put the property at risk. If foreclosure is imminent, raise that urgency with the probate court and the mortgage lender so the court can consider emergency measures (temporary bridge funding, appointment of a temporary personal representative, or allowing specific payments from the account under supervision).

Helpful Hints

• Do not rely only on verbal promises. Get written records of who accessed funds and why.
• Obtain certified copies of the death certificate early — banks and courts commonly require them.
• Check account titles and bank paperwork to determine whether the account was joint or designated POD (this often decides ownership immediately).
• Contact the mortgage lender. Lenders sometimes accept escrowed or direct payments from another family member if the estate cannot pay immediately—this can prevent foreclosure while you sort out probate.
• File a probate petition as soon as possible. Once a personal representative is appointed, the court supervises distributions and can order an accounting of any withdrawals.
• Keep careful records of any payments made from the account, including dates, amounts, and purpose. Those records help the court determine whether use was appropriate or must be repaid.
• Consult a Maine probate attorney quickly. Time-sensitive actions—freezing accounts, emergency court orders, and foreclosure timelines—require legal advice tailored to your case.

Useful resources:

• Maine Legislature statutes: https://legislature.maine.gov/statutes/
• Maine Judicial Branch — Probate self-help and forms: https://www.courts.maine.gov/selfhelp/probate/

Next steps I recommend right now: Collect account and mortgage documents, get certified copies of the death certificate, contact the bank in writing to ask that withdrawals stop pending probate, and file to open probate (or consult an attorney to do so). If foreclosure is imminent, tell the court and the lender immediately so the court can consider emergency relief.

Disclaimer: I am not a lawyer. This information is educational and does not constitute legal advice. For advice about your specific situation under Maine law, contact a licensed Maine attorney promptly.