Can I challenge my sibling’s use of a deceased parent’s bank account for mortgage payments before they are appointed administrator?

Short answer: Possibly — but your options depend on who legally owns the account, whether the sibling had authority (for example, as a joint owner), and whether the sibling’s withdrawals harmed the estate. If the account was solely in the deceased parent’s name and your sibling withdrew money after death without legal authority, that can be challenged. If the sibling was a joint owner or the account was payable-on-death (POD) to them, the bank funds may have already passed to them by operation of law.

Detailed answer — what Wisconsin law and common practice mean for you

1. Who legally controls the money right after death?

There are three common possibilities for a bank account:

• Sole account in the decedent’s name: After death the funds become part of the decedent’s estate. A person generally needs court authority (an appointed personal representative or administrator) to make estate distributions unless the bank has a legal exception.
• Joint account with right of survivorship: A jointly titled account typically passes immediately to the surviving joint owner and is not estate property. That surviving owner can lawfully use the money.
• Payable-on-death (POD) or transfer-on-death account: Funds pass to the named beneficiary outside probate when the bank is provided a death certificate and proper documentation.

To determine which category applies, get copies of account records, the signature card, and any beneficiary designations from the bank.

2. Power of attorney ends at death

In Wisconsin, a power of attorney terminates on the principal’s death. That means if the sibling used a power of attorney to access funds after the parent’s death, the sibling had no legal authority to do that once the parent died. The sibling can be asked to return any money taken without lawful right.

3. Bank policies and their practical role

Banks often freeze accounts when they learn of a customer’s death, but they may also release funds to a joint owner or to a person presenting a certified death certificate and claiming POD status. A bank will typically insist on a copy of the death certificate and may require probate paperwork before allowing withdrawals from a sole account.

4. What you can do before a formal administrator is appointed

If you suspect wrongful withdrawals, you have several potential steps you can take immediately:

• Ask the bank for account documentation: Request copies of the signature card, current balance, recent statements and any beneficiary or joint-owner designations. Under many bank policies you as an heir may see limited information; however, the bank may be cooperative if you explain your concern.
• Determine how the funds were used: If withdrawals were made to pay the mortgage on the decedent’s home, find out whether mortgage payments were necessary to protect the estate from foreclosure. Banks and a probate court may view reasonable payments that preserve estate assets differently from transfers that benefit the sibling personally.
• Contact the probate court: Learn how to open an estate and how to request appointment of a personal representative. Wisconsin courts have self-help pages on probate procedures (see Wisconsin Courts probate information: https://www.wicourts.gov/services/public/selfhelp/estate/index.htm).
• Request a temporary or emergency appointment: If assets face immediate risk (for example, imminent foreclosure), you may ask the court for temporary appointment of a personal representative or special administrator to act quickly. Temporary appointments are meant to prevent loss of estate property while the probate process proceeds.
• Preserve evidence: Save bank statements, cancelled checks, mortgage statements and any communications with your sibling and the bank. These documents are critical if you later ask the court to order an accounting or to require return of money.
• Send a written demand: Consider a formal written demand that the sibling stop withdrawing funds and provide an accounting for funds taken. Sometimes a clear written demand prompts a cooperative response.

5. Legal claims that might apply in Wisconsin

Depending on the facts, possible claims include:

• Conversion or unjust enrichment: If the sibling took funds they had no legal right to, you may be able to sue to recover the money.
• Breaches of fiduciary duty: If the sibling acted as a personal representative, trustee, or held a position of trust, misuse of estate assets can lead to a fiduciary duty claim.
• Accounting and surcharge: When someone who controls estate funds refuses to account, the probate court can order an accounting and surcharge improper withdrawals against the wrongdoer.

Because Wisconsin probate rules and remedies are fact-specific, how these claims apply will depend on title to the account, the timing of withdrawals, and whether withdrawals benefited the estate (e.g., preventing foreclosure) or benefitted the sibling personally.

6. Timing and practical considerations

The probate court aims to protect estate assets and to resolve disputes fairly, but court processes take time. If a mortgage payment preserved the home from foreclosure, a court may view the payment as reasonable. If the sibling withdrew funds for personal use or moved money to a personal account, a court may order repayment. Prompt action improves your position: the earlier you seek documentation, court guidance, or appointment, the better you protect estate value.

7. When to get a lawyer

Talk to an attorney if:

• Large sums were withdrawn after death;
• There’s a risk of foreclosure or other imminent harm to estate property;
• The sibling refuses to provide an accounting or return funds; or
• There is complex title, creditors, or multiple heirs in dispute.

An attorney can advise whether you should request a temporary administrator, file a petition to open probate, or bring a civil claim for conversion or unjust enrichment.

For general information on Wisconsin statutes and probate practice, you can search the Wisconsin Statutes at the Legislature’s website: https://docs.legis.wisconsin.gov/statutes/. For practical probate guidance, see the Wisconsin Courts’ probate self-help page cited above.

Example hypothetical (illustrative)

Hypothetical facts: Mom dies owning a bank account in her name only with $40,000. Her mortgage payment is $1,500 monthly. Sibling A, who is not a joint owner and had only held a power of attorney while Mom was alive, withdraws $12,000 after Mom’s death to pay several mortgage payments and transfers $8,000 to a personal account.

How this might play out: The power of attorney had no effect after death, so withdrawals after death may be unauthorized. If Sibling A used funds solely to protect the house from foreclosure, a court might consider those payments reasonable to preserve estate value, but the transfer of $8,000 to a personal account looks like an improper benefit and could be recoverable by the estate. To protect your interests you could ask the court for temporary relief, request an accounting, or seek appointment as personal representative to control ongoing estate handling.

Practical checklist — what to do now

1. Contact the bank to determine account title and recent activity.
2. Obtain a certified copy of the death certificate.
3. Preserve all statements and communications.
4. Contact the probate court clerk to learn how to open an estate and request temporary appointment if necessary.
5. Send a written demand for an accounting to your sibling.
6. Consult a probate or estate attorney if large sums, imminent harm, or uncooperative behavior exist.

Helpful Hints

• Power of attorney authority ends at death — it does not authorize post-death withdrawals.
• Joint ownership or POD designations usually defeat probate claims; verify title carefully.
• If a withdrawal protected the estate (like stopping foreclosure), courts often consider that in fairness—but transfers that benefit the withdrawer personally are risky for the withdrawer.
• Ask the bank for a written statement of their position and any documentation they relied on before releasing funds.
• Act quickly if the estate faces foreclosure or other immediate loss; courts can make emergency appointments.
• Keep communications written and preserve copies; courts rely on records.
• Even if you ultimately agree that mortgage payments were appropriate, ask for a clear accounting to avoid surprises.

Where to find official Wisconsin resources

• Wisconsin Courts — probate/self-help: https://www.wicourts.gov/services/public/selfhelp/estate/index.htm
• Wisconsin Statutes (searchable): https://docs.legis.wisconsin.gov/statutes/

Disclaimer: This article explains general information about Wisconsin probate principles and common options. It is not legal advice. For advice tailored to your situation, consult a licensed Wisconsin attorney who can review the full facts and help you take appropriate legal steps.