Detailed answer — step‑by‑step under Michigan law

When a parent dies, their financial accounts do not automatically transfer to a family member except where the account was set up with a payable‑on‑death (POD) or joint ownership with rights of survivorship. If someone else is using your deceased parent’s bank or credit card accounts without authorization, act quickly. Below are practical, Michigan‑law‑based steps you can take to stop unauthorized use and obtain legal control of the accounts.

1. Confirm death and get certified copies of the death certificate

Obtain several certified death certificates from the county where your parent died. Banks and card issuers require certified copies to close or transfer accounts.

2. Contact the bank(s) and card issuer(s) immediately

Call the financial institutions’ customer‑service/fraud departments. Tell them your parent has died, give the account number(s), and explain that someone else is using the accounts. Ask the institution to:

• freeze or close the accounts temporarily to prevent further withdrawals or charges;
• flag the accounts for the estate or personal representative; and
• identify recent transactions so you can document unauthorized activity.

Banks generally will not release funds to anyone who is not the named account owner or a certified personal representative. If the person using the account claims authority (for example, as an executor), request to see their “letters of authority” or “letters testamentary.”

3. Determine whether an estate administration (probate) is required

In Michigan, a personal representative (executor) is the person legally authorized to collect assets, pay debts, and distribute property under the Estates and Protected Individuals Code (EPIC). The EPIC governs probate and the appointment of personal representatives (see MCL 700.1101 et seq.). For general information about probate filings and forms, see Michigan Courts’ probate forms and instructions: Michigan Courts — Probate Forms. You will need to open probate (or take another appropriate probate path) in the county probate court where the decedent lived if there is no simple transfer mechanism.

4. If you are (or should be) the personal representative, get letters of authority

Only a person named by the court (or in some cases appointed under an informal probate process) holds the required powers to demand banks release funds and to operate accounts on behalf of the estate. File the necessary petition in probate court and obtain the court’s letters of authority (also called letters testamentary or letters of administration). The probate court’s issuance of those letters gives the personal representative legal authority to access accounts and to demand that third parties return estate property.

5. Freeze or close accounts and open an estate account

Once you have letters of authority, present them along with identification and certified death certificate to each bank. Ask the bank to:

• close the decedent’s personal accounts;
• transfer funds into a new estate checking account titled in the name of the estate (not your personal account); and
• reverse unauthorized transactions if possible.

6. Handle credit card accounts

Credit card companies usually close the deceased cardholder’s account upon notification. If someone is using the card after death, report fraud to the card issuer immediately and file a written dispute for unauthorized charges. Keep copies of all correspondence and ask for a fraud investigation. If the cardholder authorized automatic payments, stop those after you have account control through the estate or the issuer.

7. Document unauthorized use and consider civil/criminal action

Collect and preserve evidence: account statements, copies of checks, ATM images, emails, texts, or witness statements showing the unauthorized use. In Michigan, unauthorized use of someone else’s property can be both a civil tort (conversion) and a crime (fraud, embezzlement, identity theft). You can:

• notify local police and file a report;
• notify the prosecutor’s office if you suspect criminal activity; and
• bring a civil action for recovery of funds and damages if the institution refuses to return misused assets.

8. Protect credit and identity

Notify the credit bureaus (Experian, TransUnion, Equifax) that the person is deceased and that you suspect post‑death identity fraud. Place fraud alerts or freezes if needed. You can also use the federal IdentityTheft.gov resource to get a recovery plan and sample letters: identitytheft.gov.

9. When small‑estate procedures apply

Michigan offers informal probate and small‑estate procedures that may make collection of assets easier if the estate is small. Courts provide forms and guidance for summary procedures on their website: Michigan Courts — Probate Forms. If the asset is a bank account with a POD or trust designation, the bank will follow those contract terms and may allow the named beneficiary to claim the funds without formal probate.

10. If the financial institution refuses to cooperate

If a bank or card company refuses to freeze accounts or return estate funds after you present valid letters of authority and certified death certificate, you may:

• ask the bank to escalate to its legal/compliance department;
• file a petition with the probate court requesting an order directing the institution to comply; and
• consult a probate or consumer‑finance attorney who can send demand letters or file suit.

Under Michigan probate rules and EPIC procedures, courts can compel third parties to deliver estate property to the personal representative.

Key Michigan legal references

Michigan’s probate and estate rules are codified in the Estates and Protected Individuals Code (EPIC). For general statutes and code sections, see the Michigan Legislature website: Michigan Legislature (MCL). For probate practice and forms (how to open an estate and obtain letters), see the Michigan Courts probate pages: Michigan Courts — Probate Forms.

Helpful hints

• Act fast. The longer unauthorized use continues, the harder recovery becomes.
• Gather paperwork before contacting banks: certified death certificate(s), decedent’s will (if any), account numbers, recent statements, and your ID.
• Ask the bank for a written confirmation whenever they freeze an account or open an estate account.
• Keep a written record of every call: date, time, person spoken to, and what they said.
• If someone claims authority to use the accounts, ask them for court‑issued letters of authority. Without those, their claim is weak.
• File a police report if you have evidence of theft, forgery, or identity theft. Criminal charges can support civil recovery.
• Consider hiring a probate attorney if: the estate is complicated, the bank resists, substantial funds are involved, or criminal allegations exist.
• If the estate is small or the account names a POD beneficiary, check whether you can collect the funds directly with the bank’s beneficiary process.
• Do not use the decedent’s accounts for your personal expenses. Misuse by family members can create legal exposure for them and complicate estate administration.

If you need help locating a probate or consumer law attorney in Michigan, your county’s probate court clerk can often provide local resources, and the State Bar of Michigan has a lawyer referral service: State Bar of Michigan.