How authority over a decedent’s bank account works in Vermont

Only the person legally authorized to administer the estate (the personal representative) has clear authority to use estate funds to pay the decedent’s debts and administration costs. A power of attorney ends at death and does not permit continued access. Joint accounts or accounts titled to a surviving owner or payable-on-death (POD) beneficiary pass outside probate and the survivor may have legal access immediately. If the account is solely in the deceased’s name, the funds are estate property and should be handled through probate.

For Vermont probate law generally, see Title 14 of the Vermont Statutes: 14 V.S.A. (Probate, Trusts, and Fiduciaries). For practical probate court procedures in Vermont, see the Vermont Judiciary probate information: Vermont Judiciary — Probate.

When a sibling’s use of the account may be lawful

• If the account is a joint account with rights of survivorship, the surviving joint owner can legally use the funds.
• If the account is payable-on-death (POD) to a named beneficiary, the beneficiary receives the funds outside probate.
• If the sibling was an authorized signer while the parent was alive and the bank’s rules allow continued access until the bank learns of the death, the sibling might be able to transact temporarily — but that access can be disputed once the bank is notified. Note: a power of attorney automatically ends at death and does not authorize post-death use.

When you can challenge and on what legal grounds

You can challenge if the funds were taken from an account that belongs to the estate (solely in the decedent’s name) and not properly disbursed through probate. Possible legal claims include:

• Turnover and accounting from the person who removed funds.
• Civil claims for conversion or unjust enrichment if someone took funds without authority.
• Petitioning the probate court for emergency relief to preserve estate assets while probate is started.
• Potential criminal complaint for theft if the facts support it (law enforcement evaluates criminal intent and evidence).

Practical steps to take immediately (preserve your rights)

1. Gather documents: death certificate, bank statements, mortgage statements, any account paperwork (titles, beneficiary designations), and any written communications.
2. Notify the bank in writing: send a dated written notice and a certified copy of the death certificate. Ask the bank to freeze the account pending probate and to preserve records of all transactions. Use certified mail and keep copies.
3. Contact the mortgage lender: ask for a statement of payments received and whether they will accept payments from a third party. Lenders may accept mortgage payments but doing so does not give title or authorize broader use of funds.
4. File a petition to open probate in the Vermont Probate Court (county where the decedent lived or where assets are located) to have a personal representative appointed. You can ask the court for interim relief to freeze or preserve assets.
5. If funds were already removed, ask the probate court for an accounting and immediate turnover and consider a civil action for conversion or unjust enrichment. If theft appears likely, contact local law enforcement to discuss filing a complaint.
6. Contact an attorney experienced in Vermont probate and estate litigation to evaluate options and file necessary motions quickly — many remedies are time-sensitive.

What the probate court can do in Vermont

The probate court can appoint a temporary or permanent personal representative, order an accounting, require turnover of estate assets, and issue orders to preserve estate property while the case proceeds. Opening probate formally establishes who may lawfully pay debts, distribute property, and manage the estate. See Title 14 for the statutory framework governing probate administration in Vermont.

Timing, costs, and realism

Expect the initial probate petition and any emergency hearing to take days to weeks, depending on court schedules and urgency. Costs include court filing fees, possible attorney fees, and time spent collecting evidence. If your sibling used modest funds to keep a home from going into default (mortgage payments), a court might consider that context — but it does not automatically authorize taking estate funds without permission.

How to choose an attorney

Look for lawyers with experience in probate and estate litigation in Vermont. The Vermont Bar Association can help you find counsel: Vermont Bar Association. Ask about hourly rates, likely timeline, and whether the attorney handles emergency probate hearings and asset preservation matters.

Helpful hints

• Act quickly: banks move fast and funds can disappear. Prompt written notice and a probate filing preserve options.
• Don’t assume payments to the mortgage are harmless — get documentation showing where payments came from.
• Keep copies of everything: letters, emails, bank statements, and certified-mail receipts.
• Ask the bank for a transaction history and whether it will place a hold on disbursements pending probate.
• If family tensions are high, consider a lawyer who also does mediation — but don’t delay protective legal steps while you attempt to negotiate.
• Remember: a power of attorney ends at death. Rely on probate process, not POAs, for post-death authority.