Disclaimer: I am not a lawyer. This article provides general information about Maine law and common steps people take when a deceased person’s financial accounts are being used by someone else. This is not legal advice. If you face contested access, suspected theft, or complex estate matters, consult a licensed Maine attorney.
Detailed Answer
When someone continues to use a deceased person’s bank accounts or credit cards, act quickly. Maine law gives the decedent’s personal representative (executor or administrator) the authority to control estate assets and stop improper use. The overall steps you will likely follow are:
1. Collect certified death certificates
Order multiple certified copies of the death certificate from the Maine Vital Records office or the funeral home. Financial institutions and government agencies usually require an official certified copy to close accounts or remove an account holder.
2. Determine who has legal authority to act
If the decedent left a will, the named executor must file the will with the local Probate Court and ask to be appointed as personal representative (sometimes called “Letters Testamentary”). If there is no will, a close relative can petition the probate court to be appointed administrator. The probate code and court forms are found in Maine’s probate statutes and the Judicial Branch forms page:
3. Notify financial institutions and the credit card companies
Contact the bank(s) and credit card issuers right away. Provide a certified death certificate and, if you have it, the personal representative appointment (letters). Ask the institutions to:
- Freeze or close the decedent’s accounts to prevent new charges or withdrawals.
- Remove unauthorized users or anyone who has no legal authority to act on the account.
- Provide recent account statements and a transaction history so you can identify improper withdrawals or charges.
If someone is actively withdrawing funds or using cards, tell the bank you suspect fraud and request their fraud department open an investigation.
4. If the estate is small, consider the small‑estate procedures
Maine allows simplified procedures for collecting certain assets when the estate falls under the state’s small‑estate threshold. If eligible, a small‑estate affidavit or similar process may let a person collect funds without full probate. Check the Judicial Branch probate forms and the probate code for the applicable process and requirements.
5. Report criminal activity if someone is using accounts unlawfully
If someone continues to use the decedent’s money without authority, report the conduct to local law enforcement and file a complaint with the bank’s fraud unit. Identity theft and theft by unauthorized use are crimes. Also consider filing an identity theft report at the federal site:
- IdentityTheft.gov — federal identity theft reporting and recovery
- Maine Attorney General — Consumer Assistance
6. Fix credit and authorized‑user problems
To stop ongoing credit abuse, ask credit card companies to remove unauthorized account users and close compromised accounts. Submit the decedent’s death certificate to the major credit bureaus so the deceased’s file is noted and creditors stop issuing new credit. Consider placing a fraud alert or a credit freeze if necessary.
7. Gather documentation and keep careful records
Compile and preserve all relevant documents: certified death certificate copies, the will (if any), letters appointing the personal representative, bank statements showing unauthorized transactions, correspondence with banks, and police reports. These records help with probate, civil claims, and any criminal investigation.
8. When to consult a Maine attorney
Get an attorney if:
- Someone refuses to stop using the accounts after you provide proof of death and your authority;
- There are large assets, contested claims, or allegations that the person using the accounts was named in the will and disputes exist;
- You suspect fraud, embezzlement, or other criminal conduct that requires civil recovery or coordination with criminal prosecutors.
Look for an attorney who handles probate, estate administration, and estate litigation in Maine. You can find resources through the Maine State Bar or local bar referral services.
Helpful Hints
- Order multiple certified death certificates immediately—banks commonly require originals.
- Act quickly to preserve account statements and transaction records; many banks only keep detailed statements for a limited time.
- If the person using the accounts is an “authorized user” on a credit card, the issuer can typically remove them once you provide proof of death and executor/administrator credentials.
- Do not let family disputes delay notifying banks and card companies—delay can make recovery harder.
- Keep a written log of phone calls: date, time, person spoken to, and a short summary of what was said.
- If you suspect theft, file a police report and give a copy to the bank and the probate court as needed.
- Use the Maine Judicial Branch probate forms page to find instructions and forms for opening a probate estate or using small‑estate procedures: courts.maine.gov — probate forms.
For more help finding a Maine attorney, consult the Maine State Bar Association or local referral services. If you need consumer‑protection help about financial institution behavior, contact the Maine Attorney General’s Consumer Assistance unit: maine.gov/ag/consumer.
Again, this is general information, not legal advice. If you face contested access, suspected misappropriation of funds, or complex estate issues, contact a licensed Maine attorney promptly.