Detailed Answer
Short answer: Possibly — but it depends on who legally owns the account, whether the account has survivorship or payable-on-death designations, and whether your sibling has legal authority (letters from the Probate Court). In Massachusetts, estate assets are generally controlled by the decedent’s personal representative (administrator or executor). If your sibling is withdrawing money from an account that is part of the decedent’s estate and they do not have authority from the Probate and Family Court, you may be able to stop them and seek recovery.
This article explains the common legal rules, immediate steps you can take, and how to challenge unauthorized use of estate funds under Massachusetts law. This is educational information only and is not legal advice.
How ownership and account type matter
- Sole-account in the decedent’s name: If the bank account was only in your parent’s name, it generally became part of the estate when they died. Only the personal representative appointed by the Probate and Family Court (or someone authorized by the court) has legal authority to manage or spend those funds. Unauthorized withdrawals by a family member may be conversion or breach of fiduciary duties.
- Joint account with right of survivorship: If the account was jointly held with another person (for example, your sibling) with survivorship rights, ownership may have passed automatically to the surviving joint owner at death. In that case the joint owner often has a lawful claim to the money and can use it without court appointment. Check the account title and bank documents to see whether survivorship was created.
- Payable-on-death (POD) or transfer-on-death accounts: Those pass directly to the named beneficiary and typically are not estate property subject to probate.
Why court appointment matters
In Massachusetts, a person who will manage estate assets must normally be appointed by the Probate and Family Court and receive formal “letters” (letters testamentary or letters of administration). The Probate Code sets out the process and the duties of the personal representative. See Massachusetts General Laws, Chapter 190B (Probate Code) for the statutory framework: Mass. Gen. Laws ch. 190B (Probate Code). For practical court information, see the Probate and Family Court pages: Massachusetts Probate & Family Court.
Immediate steps you can take
- Get documents and facts: Find the bank statements, signature card, account title, and any beneficiary or POD forms. Those documents determine ownership.
- Ask the bank for transaction records and account title: Banks will usually disclose whether the account is held jointly, as POD, or solely in the deceased’s name. Request a ledger showing withdrawals and ask the bank whether the sibling presented anything from the Probate Court.
- Contact the Probate and Family Court: If no personal representative has been appointed, you can ask the court about filing to be appointed (or whether an application by your sibling is pending). Court staff can explain local procedures for opening an estate or an emergency appointment. See: Probate & Family Court information.
- Send a written demand: If you believe withdrawals are improper, send a recorded-letter or email to the sibling and the bank demanding that funds taken from a sole-decedent account be preserved and returned pending probate resolution. Keep copies.
- Consider asking the bank to freeze the account: If the account is clearly estate property and the bank will cooperate, request that the bank place a temporary hold while ownership is resolved. Banks have different policies, and they may require court documentation.
How to challenge the sibling’s actions in court
If informal steps fail, you have several possible court remedies:
- File for appointment of a personal representative: If the estate is open in probate or needs opening, petition the Probate and Family Court to appoint a personal representative. Once appointed, the personal representative can demand an accounting and seek recovery of estate assets misused before appointment.
- Emergency or temporary appointment: In urgent situations (risk of dissipation of assets), the court can make temporary orders or issue limited letters to preserve estate assets. Contact the local Probate Court about emergency procedures.
- Turnover and accounting actions: A personal representative can sue to recover funds taken improperly (civil claims such as conversion, unjust enrichment, or breach of fiduciary duty). If you are appointed, you can bring those actions on behalf of the estate.
- Civil injunction: If funds are disappearing quickly, you may ask the court for an injunction or temporary restraining order to stop further withdrawals.
- Criminal options: In some cases, unauthorized removal of money may also be a crime. You can consult with local law enforcement or the district attorney’s office to determine whether a criminal complaint is appropriate.
Practical considerations and tactical points
- If the sibling used the money to pay the mortgage, a court may consider whether the payment preserved estate property (the house) and whether that conduct was reasonable. That factual question affects whether the withdrawal was ultimately allowed.
- Keep careful records of all communications, bank records, and evidence of where the money went.
- Small estates may qualify for simplified procedures. Check the Probate Court rules or ask court staff whether a simplified filing applies in your situation.
- Time matters. Acting quickly improves chances of preserving estate assets and stopping dissipation.
Where to find Massachusetts statutes and court forms
Massachusetts General Laws, Chapter 190B covers probate and administration issues: M.G.L. c. 190B (Probate Code). For court forms, procedures, and local contact information, use the Probate & Family Court pages at Mass.gov Probate & Family Court. For practical “what to do when someone dies” guidance, see Mass.gov: What to do when someone dies.
Disclaimer
This information is educational only and does not constitute legal advice. Every case is different. For specific legal advice about your situation, consult a licensed Massachusetts probate attorney or contact the Probate and Family Court for guidance.
Helpful Hints
- Determine account type first: sole, joint with survivorship, or POD — that usually decides who controls the funds.
- Ask the bank for a written account title and transaction history before confronting family members.
- Act quickly if assets are being withdrawn. Ask the bank about a temporary hold and contact the Probate Court about emergency options.
- Gather documentation: death certificate, account statements, mortgage statements, communications with the sibling, and any proof of payments made with the withdrawn funds.
- Consider mediation if family relationships matter and the amounts are moderate; court disputes are often costly and slow.
- If you plan to petition the court, bring all evidence and a clear timeline of withdrawals and uses of funds to your meeting with counsel or court staff.
- Contact the Probate and Family Court clerk’s office for local filing rules and to learn about small-estate procedures that may simplify things.