Detailed Answer

Short answer: Yes — in most cases the estate can try to recover funds that an heir withdrew from a decedent’s bank account or charged to the decedent’s credit cards after the person died. Recovery depends on how the funds were held (sole account, joint account, or payable-on-death beneficiary), whether the withdrawal was authorized, and whether the estate’s personal representative acts promptly. Recovery can occur through an accounting demand, a civil lawsuit for unjust enrichment or conversion, or sometimes by involving the bank or credit-card company. Criminal charges are also possible in some cases.

How Louisiana law treats the money after death

When a person dies, property that belonged to that person generally becomes part of the succession (the estate) and must be administered and distributed according to Louisiana succession law. Only the person appointed by the court as the succession representative (executor or administrator) has legal authority to gather assets, pay debts, and distribute what remains to heirs and legatees. You can read more about Louisiana succession law on the Legislature’s site: Louisiana Legislature – Law Search.

Common ownership situations and what they mean

• Sole account in decedent’s name: Funds belong to the estate. Any withdrawal by another person after death is generally wrongful. The estate (through its representative) can demand return and sue for recovery.
• Joint account: If the account was legally held jointly with rights of survivorship, the surviving co-owner may keep the funds. If the joint name existed for convenience only (and not intended as a survivorship gift), the estate may have a claim. Bank records and the account agreement matter a great deal.
• Payable-on-death (POD) or beneficiary designation: Money paid directly to a named beneficiary on death typically bypasses succession and is not estate property. That usually cannot be recovered by the estate except in limited circumstances (e.g., fraud).
• Credit cards: Charges made after death by someone other than an authorized user are usually unauthorized. The estate may dispute such charges with the card issuer; the estate remains responsible for valid charges incurred before death.

What the estate can do to recover funds

The succession representative (or an heir acting through the representative) has several common remedies:

1. Demand and accounting: The representative can demand that the person who withdrew funds return them and produce an accounting of how the money was used.
2. Turnover or reconventional suits: File a civil suit seeking return of the money or its value on grounds such as conversion, unjust enrichment, or breach of fiduciary duty (if the person was acting with some authority).
3. Attach or freeze assets: If there is an immediate risk that the withdrawn money will be dissipated, the representative may seek provisional remedies from a court (for example, a prejudgment remedy) to preserve assets while the case proceeds.
4. Dispute with bank or card issuer: Banks and card companies often have internal dispute and fraud processes. Provide death certificate and letters testamentary/administration to the bank to demonstrate who has authority.
5. Criminal referral: In some situations, taking money after a death may be criminal (theft or fraud). The representative can report suspected criminal conduct to law enforcement for investigation.

Key factors courts will look at

• Was the account set up so that the other person had an ownership interest at the time of death (joint owner or beneficiary)?
• Was the withdrawal authorized by a valid power of attorney (note: a power of attorney ends at death and cannot authorize post-death withdrawals)?
• Did the person who withdrew funds provide an accounting showing the funds were used for legitimate expenses of the decedent (for example, paying the decedent’s medical bills or funeral costs) or kept for the estate’s benefit?
• Was the withdrawal made in bad faith or for the personal benefit of the withdrawing heir?

Practical steps for heirs or representatives in Louisiana

1. Obtain a certified copy of the death certificate.
2. If you are the nominated executor/administrator, petition the court to open the succession and obtain letters testamentary or letters of administration. Banks usually require those letters before they will release funds to the representative.
3. Preserve evidence (bank statements, ATM records, account agreements, credit-card statements, communications). Document any known withdrawals made after the death.
4. Send a written demand for return of funds and an accounting to the person who withdrew the money.
5. If the person refuses to return the funds, consult a Louisiana succession/estate attorney quickly — there are civil remedies and possible criminal options, and time limits (prescriptive periods) apply.

Credit-card specifics

Credit-card agreements, authorized users, and timing are important:

• If charges were made after the cardholder’s death and by someone not authorized, the issuer will usually investigate and may reverse fraudulent charges.
• The estate is generally liable for legitimate debts of the decedent (valid charges made before death), but not for unauthorized personal spending by an heir after death.
• If an heir used the decedent’s account as if it were theirs (without authorization), the estate may have a claim against that heir for reimbursement.

Timing and prescription

Louisiana law imposes prescriptive (statute of limitations) periods on civil claims. The specific deadline depends on the cause of action (e.g., unjust enrichment, conversion, accounting). Because these periods can vary, act promptly. If you delay, you might lose the right to recover.

Where to find Louisiana statutes and more information

For an overview of Louisiana succession law and relevant statutes, start at the Louisiana Legislature’s site: https://legis.la.gov/. For criminal statutes and offenses that could apply, see the Title on Crimes and Offenses via the Legislature’s site as well.

When to consult a lawyer

Contact a Louisiana succession or estate lawyer if:

• Significant money was withdrawn after death;
• There is disagreement among heirs about who was entitled to the funds;
• The bank or card issuer will not cooperate without a court order; or
• You suspect fraud or criminal conduct.

Disclaimer: This article explains general principles of Louisiana law and is for educational purposes only. It is not legal advice. For advice about a specific situation, consult a licensed Louisiana attorney.

Helpful Hints

• Get the death certificate and open the succession promptly — banks will typically insist on court-issued letters before handing over estate assets.
• Ask the bank for a complete account history immediately; screens and paper trails are critical evidence.
• Remember a power of attorney ends at death — it cannot authorize withdrawals after the decedent dies.
• If the withdrawing heir claims they used the money for the decedent’s expenses, ask for receipts and a detailed accounting in writing.
• Preserve electronic evidence (texts, emails, online banking records) — these often show timing and intent.
• Act quickly to avoid losing rights to recover under Louisiana prescriptive rules.
• If you are uncertain about the account type (joint vs. POD vs. sole), request the bank’s account agreement and signature card — they often control the result.