Challenging an Administrator Who Closed a Joint Bank Account — Maine

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to Challenge an Administrator Who Closed a Deceased Parent’s Joint Bank Account Without Notifying Heirs

State law: Maine

Disclaimer: I am not a lawyer. This article explains general Maine law and common steps people take. It is educational and not legal advice. For advice about your specific situation, contact a qualified Maine attorney or the probate court.

Short answer — what you can do right now

If an estate administrator closed your deceased father’s joint bank account without notifying heirs, you can (1) gather documentation, (2) demand records from the bank and the administrator, (3) ask the probate court for an accounting and temporary relief, and (4) seek removal of the administrator or damages if you can show misconduct (including conversion). In Maine those remedies typically run through the Probate Court or through a civil claim if necessary.

Detailed answer — step-by-step under Maine law

1. Figure out what kind of account you’re dealing with

Joint accounts may be joint tenants with right of survivorship (survivorship means the surviving joint owner becomes sole owner on death), or they may be accounts that require probate to distribute funds. The bank’s signature card, account agreement, or beneficiary designation determines this. Ask the bank for copies of the account agreement, signature card, and any change requests.

2. Gather documents and evidence

  • Death certificate.
  • Account statements, the bank’s signature card, and any beneficiary or survivorship language.
  • Letters of appointment or administration (if issued) from the probate court showing who the administrator or personal representative is.
  • Any written communications from the administrator or the bank about the account closing and distribution.

3. Ask the bank for a written explanation and records

Request the bank provide, in writing, (a) the reason it closed or disbursed the funds, (b) copies of all withdrawal/transfer records and communications, and (c) the account signature card. If the bank paid an administrator based on what it believed to be valid probate documents, the bank will usually disclose the paperwork it relied on.

4. Check the probate file

If someone opened probate and the court appointed an administrator or personal representative, the probate court file should include the appointment, inventory, and any accountings filed. Contact the Maine Probate Court where your father’s estate was opened and request copies of the case file. The Maine Judicial Branch maintains probate information and forms here: https://www.courts.maine.gov/selfhelp/probate/.

5. Demand an accounting from the administrator

In Maine, a personal representative must keep account of estate receipts and disbursements and may be required by the court to file an accounting. If the administrator closed the joint account and paid out funds without telling heirs, file a written demand for an accounting. If the administrator refuses, you can petition the probate court to order an accounting and to review the distributions.

6. Ask the probate court for interim relief

If you believe the administrator is dissipating estate assets or acting improperly, ask the court for temporary relief. You can request the court to freeze remaining estate assets, issue an order compelling the administrator to return funds or to preserve assets, and schedule a hearing. The Probate Court has authority to supervise administrators and protect heirs’ interests; contact the local probate court to learn the required forms and procedures: https://www.courts.maine.gov/.

7. Seek removal of the administrator if misconduct occurred

If you can show the administrator breached duties, committed wrongdoing, or unjustifiably failed to notify and account to heirs, you can petition the Probate Court to remove the administrator and appoint a successor. The court will consider factors such as honesty, competence, and whether the administrator properly handled estate property.

8. Consider a civil claim for conversion or breach of fiduciary duty

If the funds were taken improperly (for example, converted to the administrator’s use without entitlement), you may bring a civil action against the administrator to recover funds, damages, and possibly attorney fees. Sometimes criminal statutes apply (theft/embezzlement), so you can also consult local law enforcement or a prosecutor if the facts suggest criminal conduct.

9. Time limits and responsiveness

Act promptly. Probate matters and civil claims have deadlines and evidence becomes harder to find with time. If you’re unsure about deadlines, contact the probate clerk or an attorney right away. For forms and general procedural information, see Maine’s probate self-help resources: https://www.courts.maine.gov/selfhelp/probate/.

10. Find an attorney or get a referral

If the administrator resists or the situation is complex, consult a Maine attorney experienced in probate/estate litigation. The Maine State Bar Association provides lawyer referral resources: https://www.mainebar.org/. The probate clerk can also explain court procedure but cannot give legal advice.

Key Maine-law resources

Helpful Hints

  • Act quickly. Request records from the bank and the probate court immediately.
  • Get everything in writing. Ask the bank and the administrator to send written explanations and copies of documents they relied on.
  • Keep calm and be organized. Create a folder (electronic or paper) with all documents, correspondence, and dates of phone calls.
  • Request a certified copy of any Letters of Administration or Letters Testamentary the administrator used when making withdrawals.
  • If the bank claims survivorship and paid the surviving joint owner, ask for the bank’s documentation showing that right of survivorship exists.
  • If you suspect theft, preserve evidence and consider contacting law enforcement in addition to the probate court.
  • Use the probate clerk’s office as a resource for procedure and filing requirements — they cannot give legal advice but can explain forms and deadlines.
  • If the estate is small, Maine may offer simplified procedures; ask the probate clerk whether a simplified or informal administration applies.
  • If you cannot afford a private attorney, ask the Maine Bar Association about low-cost or pro bono referrals.

Final note: Challenging an administrator and recovering assets can involve both probate procedures and civil remedies. The courts focus on protecting estate property and ensuring administrators carry out their duties. For guidance on the best next step for your facts, consult a Maine probate attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.