How this works in Maryland — basic legal background

When someone dies, their assets belong to their estate until distributed by the person legally in charge of the estate (the personal representative, sometimes called an administrator or executor). The personal representative must be appointed by the probate court (Register of Wills in Maryland) before they have full authority to manage estate assets, pay creditors, and distribute property.

Key practical points:

• If the bank account was in the deceased parent’s name alone (a sole account), the funds are normally estate property after death. No one—including a child or sibling—has automatic authority to take money out just because they are related.
• If the account was a joint account with right of survivorship (or had a payable-on-death/transfer-on-death beneficiary), the surviving joint owner or named beneficiary typically owns the money automatically and not as estate property.
• A Power of Attorney ends at the principal’s death; an agent under a POA has no authority to act after death in Maryland.
• The Register of Wills handles opening probate and appointing a personal representative for Maryland estates. For general information see the Maryland Courts Register of Wills pages: https://www.mdcourts.gov/registers and https://www.mdcourts.gov/legalhelp/willsandprobate.

When you can challenge your sibling’s actions

You may have several options if your sibling is using estate funds before anyone is appointed:

• Account is solely in the deceased’s name: If your sibling withdraws funds after death, that may be wrongful (civil conversion or unjust enrichment). You can ask the probate court to require the sibling to account for withdrawals and return estate property.
• Account is joint or has a beneficiary designation: The sibling may lawfully own or control the funds if title or beneficiary designation gives them that right. Challenging that typically requires proof that the title or beneficiary designation was invalid (for example, forged signatures or fraud).
• Sibling claims a short-term authority (emergency expenditures): Banks sometimes allow a family member to make payments (for mortgage, utilities, funeral) after death on a temporary basis. That does not create legal title to funds. The probate court can later sort out whether those payments were proper estate expenses.
• Power of Attorney confusion: If your sibling relied on a POA to access funds after death, note that a POA generally ends at death. That use can be challenged.

Practical steps to protect the estate (what you can do now)

Act quickly and calmly. Here is a prioritized checklist you can follow:

1. Preserve evidence. Obtain copies of bank statements, transaction histories, the account title, mortgage statements, and the death certificate. Note dates and amounts of withdrawals.
2. Contact the bank. Tell the bank the account holder died. Ask whether the account is sole, joint, or POD. Banks often freeze sole-owner accounts when provided a death certificate and may place holds until probate is opened.
3. Contact the Register of Wills in the county where the decedent lived. Ask how to open an estate and how to request an expedited or emergency appointment of a personal representative if assets are being dissipated. Maryland Register of Wills information: https://www.mdcourts.gov/registers
4. Request an accounting or demand return of funds. If your sibling withdrew money that should be estate funds, send a written demand that they preserve records and return or account for the funds. Keep copies of all communications.
5. Consider a petition to the probate court. You (or another interested person) can file to be appointed personal representative or ask the court to appoint one and to require an accounting of any withdrawals. The court can issue orders to preserve estate assets.
6. Get legal advice. Talk to an attorney experienced in Maryland probate and estate litigation to evaluate civil claims (accounting, conversion, unjust enrichment) and whether criminal conduct may have occurred.

What remedies can a Maryland court provide?

Possible remedies the probate or civil court can grant include:

• Requiring the sibling to provide a formal accounting of money taken from the account.
• Ordering return of funds to the estate if withdrawals were improper.
• Appointing a personal representative and directing how estate assets are managed pending appointment.
• Issuing injunctions or other emergency relief to prevent further dissipation of estate assets while the matter is resolved.
• Referring matters to law enforcement if theft or fraud is suspected (criminal consequences are possible in serious cases).

When taking immediate legal action makes sense

Consider acting quickly if:

• Large sums were withdrawn after the death with no apparent lawful basis.
• The sibling is using funds for personal expenses unrelated to the estate’s obligations.
• Mortgage or other creditors are at risk because someone is diverting payments or draining the account.
• You have evidence of fraud, forgery, or improper changes to account ownership or beneficiary designations.

Helpful hints

• Check account title first: sole name, joint with rights of survivorship, or payable-on-death (POD) — title determines ownership more than family relationships.
• Power of Attorney ends at death. Don’t assume an agent can continue to act.
• Get a death certificate early — banks and other institutions will ask for it.
• Keep thorough records: date you discovered the withdrawals, who you told, copies of bank statements and written communications.
• Contact the Maryland Register of Wills in the decedent’s county for probate guidance: https://www.mdcourts.gov/registers
• If you’re unsure, a short attorney consultation can help you decide whether to file for emergency probate relief or to pursue civil action for recovery.