Detailed Answer

This section explains typical scenarios under Alaska law, what recovery options exist, and practical steps the estate should take. This is general educational information only and not legal advice — consult an Alaska attorney for specific guidance.

1) Who owns the money right after death?

Ownership depends on how the account or card was set up before the death:

• Account titled only in the decedent’s name: The funds are part of the decedent’s estate and must be administered in probate (or via a small‑estate procedure where available).
• Joint account with right of survivorship or “and/or” language that creates survivorship: The surviving joint owner typically becomes owner of the full account balance automatically, and those funds may not be estate property.
• Payable-on-death (POD) or transfer-on-death (TOD): Funds pass directly to the named beneficiary and usually are not estate property.
• Credit cards: A credit card account is a contract. Charges incurred before death are normally payable from the estate. Unauthorized post‑death charges (by an heir) are usually not binding on the estate and may be recoverable.

2) Does an heir have the right to withdraw after death?

No. A person who is merely an heir (someone who would inherit under a will or by intestacy) has no automatic authority to take assets before the estate is opened and properly administered. A power of attorney ends at death, so any withdrawals made after death under a POA are generally invalid.

3) What can the estate do to recover wrongfully withdrawn money?

Common remedies the personal representative (executor/administrator) can pursue:

• Demand and accounting: Send a written demand for return of funds and require a full accounting of withdrawals.
• Civil claims: File suit against the person who took the money for conversion (wrongful taking), unjust enrichment, or breach of fiduciary duty (if the taker had any duty). Alaska courts handle these claims during probate or separately. For general information on Alaska probate law, see the Alaska statutes: Alaska Statutes Title 13 (Probate).
• Use estate procedures: The personal representative may petition the probate court for orders directing recovery or surcharge against someone who improperly took estate property.
• Criminal complaint: If the taking appears fraudulent or knowing, law enforcement may pursue theft charges under Alaska criminal law. For an overview, see: Alaska Statutes Title 11 (Crimes).
• Bank action: Ask the bank to reverse transfers or freeze accounts once provided with a death certificate and letters testamentary/administration. Banks sometimes reverse obvious unauthorized post‑death withdrawals if notified promptly.
• Credit card disputes: Contact the card issuer to dispute unauthorized post‑death charges. Card companies have processes for fraud and unauthorized charges; they also expect notification when a cardholder dies.

4) Likely outcomes and defenses

Recovery chances depend on the facts:

• If the account was solely in the decedent’s name and an heir took money after death, recovery is often possible through civil suit or probate surcharge.
• If the heir was a joint owner with survivorship rights, the funds commonly belong to the survivor and may not be recoverable.
• Defenses a taker may assert include: the transfer was a valid inter vivos gift, they were a joint owner or named beneficiary, they had the decedent’s permission before death, or the bank properly honored a withdrawal under the account terms.

5) Timing — act quickly

Act promptly. Banks can be harder to work with after records are older. Civil statutes of limitations and probate deadlines may bar recovery if you wait too long. Because time limits vary by claim, consult counsel early.

6) Practical steps the family or personal representative should take now

1. Obtain the decedent’s death certificate promptly and give copies to the bank and major creditors.
2. Collect and preserve all bank statements, transaction records, emails, text messages, and any evidence showing withdrawals or card charges after the date of death.
3. Contact the bank and card issuers in writing. Ask them to freeze the account and preserve records of withdrawals and who requested them.
4. If you are the nominated executor or intend to administer the estate, petition the probate court for appointment so you can act officially (letters testamentary/administration enable you to demand returns and sue).
5. Send a written demand to the person who withdrew funds asking for an accounting and return; keep a copy.
6. If recovery through demand fails, consult an Alaska probate or civil attorney about filing suit or criminal referral.

7) Where to find Alaska resources

• Alaska statutes (probate and criminal law): https://www.akleg.gov/basis/statutes/
• Alaska Court System probate information and forms: https://courts.alaska.gov/shc/probate.htm

Important disclaimer: This is general information only and not legal advice. Every case depends on specific facts. Consult a licensed Alaska attorney before taking action.

Helpful Hints

• Preserve evidence: keep originals of statements and any communications about the withdrawals.
• Don’t confront someone in a way that escalates the situation — use written demands and legal channels.
• If you are a potential personal representative, start the probate process quickly so you obtain authority to act on behalf of the estate.
• Remember: a power of attorney ends at death. Any use of a POA after death is usually invalid.
• If the amount is small, Alaska’s simplified or small‑estate procedures may provide a faster path to recovery—check probate court resources or speak with an attorney.
• Consider both civil recovery and criminal referral; criminal prosecution can aid civil recovery but follows different processes and standards of proof.
• Ask banks for transaction logs and teller affidavits; those documents can be decisive evidence in court.