How can I regain control of a deceased parent’s bank and credit card accounts if someone else is using them after her death? - Florida
The Short Answer
In Florida, the person with legal authority to take control of a deceased parent’s accounts is usually the court-appointed personal representative (executor). If someone is using your parent’s bank or credit card accounts after death, that can create urgent financial loss and potential criminal exposure—and banks typically will not fully cooperate with family members until proper probate authority (like letters of administration) is in place.
What Florida Law Says
Florida probate law puts the responsibility (and authority) for securing and protecting estate property on the personal representative. That includes identifying estate assets, stopping improper access, and taking reasonable steps to preserve funds for creditors and beneficiaries.
The Statute
The primary law governing this issue is Fla. Stat. § 733.607.
This statute establishes that the personal representative has the right to (and must) take possession or control of the decedent’s property and take reasonably necessary steps to manage, protect, and preserve the estate, including bringing actions to recover estate property when needed.
In very small, limited situations involving certain bank accounts, Florida also allows a bank to pay a qualifying family member without a probate case—but only under narrow conditions and dollar limits. See Fla. Stat. § 735.303 (limited “payment to successor without court proceedings” for certain “qualified accounts”).
Related reading: What do I need to show a bank to prove I’m the executor and close accounts in Florida?
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict authority requirements: Banks and credit card issuers often require court-issued documentation (for example, letters of administration/testamentary) before they will freeze access, disclose details, or recognize someone as having authority—especially if there are disputed family dynamics.
- Burden of proof: If you believe someone made transactions after death, you may need to prove when the transactions occurred, who benefited, and whether the person had any legal authority (e.g., joint ownership, authorized user status, or a power of attorney that ended at death).
- Exceptions and ownership issues: Some accounts pass outside probate (for example, certain joint accounts or pay-on-death designations). Determining what is an “estate asset” versus a non-probate transfer can change what remedies are available and who has standing to act.
When someone is actively using a deceased person’s accounts, delays can increase losses and complicate recovery. A Florida probate attorney can help you move quickly to establish the right authority, communicate with financial institutions in a way they will accept, and evaluate civil remedies if estate funds were taken.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.