What to do if someone is using a deceased parent’s bank account before an administrator is appointed

Short answer: If your parent’s account was in their sole name, a sibling who withdraws money after your parent’s death may be taking estate property without legal authority. That can be challenged in probate court or as a civil or criminal matter under Minnesota law. If the account was joint or had a payable‑on‑death (POD) beneficiary, the sibling may have a lawful right to the funds. The correct response depends on how the account is titled and on quick actions you take to preserve estate assets.

Detailed answer (how Minnesota law treats these situations)

Under Minnesota law, money in a deceased person’s sole‑name bank account generally becomes part of the probate estate. The personal representative (also called an administrator or executor) has exclusive authority to collect, preserve, and distribute estate assets under the Minnesota Probate Code (Chapter 524). See Minnesota Statutes, chapter 524: https://www.revisor.mn.gov/statutes/cite/524.

If someone uses estate funds before being appointed personal representative, courts often call that “intermeddling.” The court can order the person to restore misapplied funds to the estate, remove them as a fiduciary, and hold them liable for loss. You can ask the probate court to review all transactions and, if appropriate, surcharge the person for unauthorized withdrawals.

However, whether the sibling’s actions are legally wrongful depends on account ownership rules:

• Sole account (decedent only): Funds belong to the estate. Unauthorized withdrawals are usually improper and can be challenged in probate court or pursued as conversion or theft. Minnesota’s criminal theft statute is at Minn. Stat. §609.52.
• Joint account with right of survivorship: The surviving joint owner typically becomes sole owner immediately on death, and those funds pass outside probate. A sibling listed as a joint owner may lawfully use the funds for mortgage or other expenses.
• POD / TOD beneficiary: If the account names a payable‑on‑death or transfer‑on‑death beneficiary, the funds pass directly to that beneficiary and are not estate property.
• Authorized signatory but not owner: Someone who had authority to sign on the account (e.g., a power of attorney) usually loses that authority at death. Continued use after death may be improper unless the account was structured to pass to them.

Because ownership and title determine the legal result, the first step is confirming the account’s title and any beneficiary designations.

Immediate steps you can take

1. Obtain the death certificate and request the bank’s account statements. If the decedent’s death is recent, get a certified copy of the death certificate from the vital records office.
2. Contact the bank in writing. Ask the bank to freeze the account or place a block until a personal representative is appointed if the account is in the decedent’s sole name. Many banks wait for a certified copy of letters testamentary/letters of administration before allowing withdrawals; others will act more quickly if there is evidence of improper activity.
3. Preserve evidence. Save bank statements, copies of checks, proof of mortgage payments, and any communications with the sibling or bank. Document dates, amounts, and reasons given for withdrawals.
4. File in probate court. An interested person (heir or creditor) can petition the district court to open an estate and appoint a personal representative under Minnesota’s probate rules. The Minnesota Judicial Branch provides probate guidance: https://www.mncourts.gov/Help-Topics/Probate.aspx.
5. Ask the court for interim relief if funds are being dissipated. You can request the court to appoint a temporary personal representative or to issue orders protecting estate assets while the case proceeds.
6. Consider law enforcement if you suspect theft. If the sibling knowingly took funds that belong to the estate, criminal charges may apply; consult local law enforcement or the county attorney about a referral under Minnesota’s theft statute: https://www.revisor.mn.gov/statutes/cite/609.52.

Common legal remedies in Minnesota

• Probate surcharge and accounting: The court can require the person who spent estate funds to account for and repay wrongful withdrawals when administering the estate.
• Turnover orders and injunctions: The court can order the return of estate property and enjoin further transfers.
• Civil claims: Conversion, unjust enrichment, or replevin actions can seek return of property or monetary damages.
• Criminal referral: If the conduct rises to theft, law enforcement or the county attorney can pursue criminal charges under Minnesota law: https://www.revisor.mn.gov/statutes/cite/609.52.

What to collect before you go to court or to a lawyer

• Certified death certificate
• Recent bank statements and a list of suspicious withdrawals
• Mortgage statements showing outstanding balance and payment history
• Any account agreements showing joint ownership or beneficiary designations
• Communications (texts, emails, letters) with the sibling or bank
• Copies of any powers of attorney or advance directives

Timing and likely costs

Probate filings and hearings usually take weeks to months. Emergency relief (a temporary order to preserve assets) can sometimes be obtained faster, but you must show immediate risk of loss. Attorney fees depend on complexity and whether the probate contest goes to trial. If funds were misused, the estate may recover losses and may also recover attorney fees in some circumstances, but you should plan for upfront costs if litigation is needed.

Helpful Hints

• Check account title first: joint or POD accounts often avoid probate.
• Act quickly: banks may remove account blocks once presented with certified letters appointing a personal representative.
• Talk to the bank politely but firmly; many institutions will preserve records and limit further withdrawals if alerted.
• If the sibling claims they paid the mortgage to protect the property, request proof (copies of canceled checks or bank transfers) and keep those records for the court.
• Consider mediation before formal litigation if relations are workable; it often saves time and money.
• Contact your county probate court clerk for local forms and procedures. Minnesota probate resources: https://www.mncourts.gov/Help-Topics/Probate.aspx.

Final note: This summary explains typical Minnesota law principles but cannot cover every fact pattern. The outcome depends on account title, the sibling’s role, and the timing of withdrawals.

Disclaimer: This is general information about Minnesota law and is not legal advice. For advice about your particular situation, contact a licensed Minnesota attorney who handles probate or estate disputes.