If someone else is using a deceased parent’s bank or credit card accounts in Massachusetts, act quickly. Financial misuse can deplete the estate, hurt creditors and beneficiaries, and may be criminal. Below is a clear, step-by-step explanation of what commonly must be done under Massachusetts law, what legal tools exist to stop the misuse, and how to restore proper control.
Hypothetical facts (illustrative)
Example: After her mother dies, Ana learns that a neighbor has been withdrawing money from her mother’s checking account and charging purchases on her mother’s credit card. The accounts were in the mother’s name only (no joint owner, no payable-on-death beneficiary listed). Ana wants to stop the withdrawals, recover the money, and get legal control of the accounts so she can administer the estate.
Detailed Answer — Step-by-step under Massachusetts law
1) Stop further loss immediately
- Order certified copies of the death certificate from the town clerk where the parent died. Banks and most companies require an official death certificate to act.
- Contact the bank(s) and credit card issuer(s) right away. Provide a certified death certificate. Ask the bank to freeze or block transfers and to preserve account records. Many institutions will freeze an account when presented a death certificate or after written notice.
- If the card is actively being used fraudulently, contact the card issuer’s fraud department and dispute unauthorized charges. Request immediate card cancellation.
2) Figure out who legally owns each account
Ownership determines what you can do without court involvement:
- Joint account with right of survivorship — the surviving named joint owner usually becomes the account owner by operation of law. The bank may treat that person as sole owner.
- POD (payable-on-death) or TOD accounts — the named beneficiary receives the funds without probate when the bank verifies the death and the beneficiary’s identity.
- Sole-account holder (no beneficiary or joint owner) — funds are part of the decedent’s estate and typically require probate administration before the bank releases funds to anyone other than the person lawfully appointed by the court.
3) If the account is part of the estate: obtain court authority (Letters) from Probate & Family Court
To deal with accounts held solely in the decedent’s name, you usually need legal authority from the Probate & Family Court. That authority is commonly called Letters Testamentary (if there is a valid will and an executor named) or Letters of Administration (if there is no will and the court appoints an administrator).
To get those Letters you must file a petition in the Probate & Family Court and provide the original will (if any), the death certificate, and other required forms. Once the court issues Letters, banks will accept them as proof that you may collect funds, close accounts, and manage estate assets.
Massachusetts’s probate rules and statutes are found in Chapter 190B of the Massachusetts General Laws (the Probate Code). For more on probate law and filing in Massachusetts, see the Probate & Family Court information pages: https://www.mass.gov/orgs/probate-and-family-court and the Probate Code: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
4) Use simplified procedures if the estate is small
Massachusetts provides streamlined procedures or affidavits for small estates in some situations so that full probate may not be required. Check the Probate & Family Court website and relevant forms for small‑estate procedures or contact the court clerk to learn about simplified options before filing a full administration petition.
5) If someone is withdrawing funds improperly, consider both civil and criminal remedies
- Civil: After obtaining Letters, you can sue for conversion (wrongful taking), breach of fiduciary duty (if the person was a caretaker or had authority), or request an accounting and restitution in Probate Court. Ask the court for an injunction or order to freeze the funds if the risk of dissipation continues.
- Criminal: Unauthorized removal of funds can be theft, larceny, or identity/fraud crimes. Report the conduct to local police and the district attorney’s office. Criminal charges do not replace civil remedies but can help stop and deter wrongdoing.
6) Preserve evidence
Collect and preserve copies of bank statements, canceled checks, ATM slips, credit-card statements, any communications (texts, emails), and witness names. Take screenshots and save electronic records. These documents support court petitions and criminal complaints.
7) Notify creditors and protect the decedent’s credit
Promptly notify credit card companies in writing that the cardholder is deceased and dispute unauthorized charges. Also consider contacting the three major credit reporting agencies to place a deceased person alert or to freeze new lines of credit to reduce identity theft risk (see identitytheft.gov for federal guidance).
IdentityTheft resource: https://www.identitytheft.gov
8) Emergency/temporary court relief
If the estate is losing assets quickly, ask the Probate & Family Court for emergency or temporary appointment of a personal representative or for temporary orders to freeze accounts. Court clerks can advise about emergency petitions and local procedures.
9) Talk to a probate attorney in Massachusetts
Probate and estate disputes can involve complex filings and strict deadlines. A Massachusetts probate attorney can:
- File the petition for Letters and related paperwork.
- Seek temporary orders to stop ongoing withdrawals.
- Pursue civil claims against the person misusing the accounts.
- Coordinate with law enforcement if criminal conduct is involved.
For help locating an attorney, consider the Massachusetts Bar Association or the Probate & Family Court’s self-help resources: https://www.massbar.org and https://www.mass.gov/orgs/probate-and-family-court
How banks and credit card companies typically respond
- Many banks will freeze or restrict accounts on receipt of a death certificate and written notice, but they generally will not release funds until they see Letters from the Probate Court (or proof of a valid POD/beneficiary).
- Credit card companies frequently cancel the card after being notified of a death; they may investigate charge disputes but will usually expect a personal representative to handle estate claims after Letters are issued.
- If an account shows a joint owner or named beneficiary, the bank may transfer the funds without probate; confirm ownership type early.
Useful Massachusetts links
- Massachusetts Probate & Family Court (general information and court locations): https://www.mass.gov/orgs/probate-and-family-court
- Massachusetts General Laws, Chapter 190B (Probate Code): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
- Massachusetts Bar Association: https://www.massbar.org
- Federal identity-theft recovery site: https://www.identitytheft.gov
Disclaimer
This article is informational only and not legal advice. It summarizes general steps under Massachusetts law and common practices. You should consult a licensed Massachusetts attorney to discuss the specific facts of the situation and to obtain tailored legal advice.
Helpful Hints
- Act fast: preserve evidence and contact the bank immediately with a certified death certificate.
- Identify account types (joint, POD, sole) before assuming the account is part of the estate.
- Get certified copies of the death certificate early — banks and courts require them.
- If you believe funds are being stolen, contact local police and the district attorney while you pursue Probate Court remedies.
- Ask the Probate Court clerk about emergency or temporary petitions to freeze accounts when the estate is in danger of losing assets.
- Keep careful records of all communications with banks, card issuers, and the person who used the accounts.
- Consult a Massachusetts probate attorney for help getting Letters and pursuing civil or criminal remedies as needed.