Answer

Short answer: Yes — an estate usually can try to recover money withdrawn from a deceased parent’s bank account or charged to the parent’s credit cards after death. The exact options depend on how the accounts were titled, whether the person who withdrew was an appointed personal representative (executor/administrator), whether the withdrawals were authorized, and the timing. Recovery can occur through the probate process (civil remedies) and, in some cases, through criminal or administrative action.

How recovery usually works under Maine law

When someone dies, their estate becomes responsible for collecting assets, paying debts, and distributing what remains to heirs or beneficiaries. The person appointed by the court to administer the estate — often called the personal representative — has a duty to locate and take control of the decedent’s assets and to prevent wrongful dissipation of estate property.

If an heir withdraws money or uses the decedent’s credit cards after the decedent’s death, the estate’s representative generally has several possible remedies:

• Requiring return of funds (restitution): The personal representative can ask the person to return the money or to repay the estate.
• Civil lawsuit for conversion or unjust enrichment: The estate can sue the person who took the money for conversion (wrongful exercise of control over another’s property) or unjust enrichment. A successful claim can lead to a judgment ordering return of funds plus interest and court costs.
• Constructive trust or equitable remedies: If the funds were clearly traced to the wrongdoer, a court can impose a constructive trust requiring the person to hold those funds for the estate.
• Probate court surcharge or accounting: If the person who withdrew money was acting as a fiduciary (for example, the personal representative, co-trustee, or guardian), the probate court can require a formal accounting and can surcharge (financially penalize) the fiduciary for improper withdrawals.
• Criminal referral: If the withdrawal was theft or fraud, the representative can report the conduct to law enforcement. Criminal prosecution is separate from the estate’s civil claim but may be appropriate in clear cases of theft.

Key factual issues that determine outcomes

• How was the account titled? Joint accounts with rights of survivorship and accounts with beneficiary/payable-on-death (POD) designations often pass directly to the surviving owner or beneficiary and are not estate assets. That can limit the estate’s claim against funds already gone to a named survivor or beneficiary.
• Was the withdrawer licensed or appointed to act? A withdrawal by the court-appointed personal representative, within the bounds of their authority, is generally lawful. Unauthorized withdrawals by someone who is not the representative are more likely to be recoverable.
• Was the withdrawal for an authorized debt or expense? Payments that reasonably satisfy the decedent’s legitimate debts or necessary expenses (funeral, immediate medical bills, estate administration) may be allowed; personal spending by an heir typically is not.
• Timing and notice: Banks may freeze accounts once notified of a death. If an heir withdrew funds before the bank learned of the death and before probate began, recovery can still be possible, but facts matter.

Typical steps a personal representative should take in Maine

1. Notify banks and credit card companies of the death and provide a death certificate. Ask the bank to freeze the decedent’s account pending probate or resolution.
2. Identify account ownership (sole, joint, POD/beneficiary) and preserve records showing withdrawals, dates, and recipients.
3. Open probate (or informal estate administration) if required. The probate process gives the personal representative standing to act on behalf of the estate.
4. If an heir improperly withdrew funds, demand return in writing. If the heir refuses, consider filing a civil claim in probate or civil court for conversion/unjust enrichment or asking the probate court for accounting and surcharge if the wrongdoer is a fiduciary.
5. If theft or fraud appears likely, consult the district attorney or law enforcement to determine whether a criminal referral is appropriate.

Relevant Maine resources

For text of Maine statutes and to research specific statutory authority and probate provisions, see the Maine Legislature’s statute index: https://legislature.maine.gov/statutes/.

For practical guidance, forms, and probate office contacts, see the Maine Judicial Branch probate information: https://www.courts.maine.gov/court-operations/probate/index.html.

Common defenses an heir may raise

• The funds were payable to that person outright (joint account or POD beneficiary).
• The withdrawal paid a legitimate debt or expense of the decedent.
• The person believed in good faith they had authority to take the funds (less likely to be a complete defense in civil court, but may affect remedies).
• Statute of limitations or laches — if the estate waits too long to act, recovery may become harder.

Practical example (hypothetical)

Suppose a parent dies owning a single-person checking account and a credit card. No beneficiary or joint owner is named. An adult child withdraws $10,000 from the checking account and charges $2,000 on the credit card after the parent’s death. The bank froze the accounts after receiving a death certificate. The estate’s personal representative can:

• demand immediate repayment of $12,000;
• if repayment is refused, file a claim in probate or a civil action for conversion or unjust enrichment to recover the money;
• seek a court order imposing a constructive trust on any assets the child still has that came from those withdrawals;
• if facts show theft or fraud, consider a criminal referral.

Helpful Hints

• Act early: prompt notification to banks and opening probate prevents further dissipation of assets.
• Collect documentation: bank statements, credit-card statements, withdrawal receipts, text messages, and emails can prove timing and intent.
• Separate estate money from personal money: a personal representative must keep estate funds distinct and should not allow heirs to spend estate assets.
• Check account titles and beneficiary designations before assuming funds belong to the estate.
• Get legal advice early: an attorney experienced with Maine probate can advise on the best venue (probate vs. civil court), likely remedies, and timing limits.
• Consider mediation: if family relationships matter and the amount is recoverable, a negotiated repayment plan may save time and expense.
• Document demands in writing and keep copies of delivery (certified mail or email delivery receipts).

Disclaimer: This article is general information only and is not legal advice. It does not create an attorney–client relationship. For advice about a specific situation in Maine, consult a licensed Maine attorney or the probate court.