Can I stop my sibling from using our deceased parent’s bank account for mortgage payments before an administrator is appointed?

Short answer: Possibly — but it depends on who technically owns the account and how it is titled. If the account was solely in your parent’s name (no joint owner or payable-on-death beneficiary), the funds belong to the estate and a person who uses them without authority may be taking estate property improperly. If the account was a joint account with your sibling or had a beneficiary designation that passes on death, your sibling may have legal access. Under Mississippi law the safest route is to move quickly: confirm account title, notify the bank, and if necessary ask the probate court for temporary or emergency relief.

How Mississippi law treats a deceased person’s bank account

Under Mississippi probate law (see Title 91 of the Mississippi Code), assets owned solely by a decedent generally become part of the decedent’s estate on death. That means only a person who is legally authorized to manage the estate (a personal representative, executor, or administrator appointed by the probate court) should use estate funds to pay estate obligations. If the bank account was jointly held with another person marked as joint tenant with right of survivorship, or if it had a payable-on-death (POD) beneficiary, the funds likely passed immediately to that joint owner or beneficiary and are not estate assets.

For statutory text and to read the probate provisions, see the Mississippi Legislature’s website: https://www.legislature.ms.gov/. You can search Title 91 (Decedents’ Estates) there for appointment, administration, and fiduciary duties.

Key factors that determine whether your sibling may lawfully use the account

• Account title: sole-owner, joint owner with right of survivorship, or POD beneficiary.
• Whether your sibling has been formally appointed by the probate court as executor or administrator (personal representative).
• Whether payments are being made to preserve estate property (for example, paying a mortgage to avoid foreclosure) versus simply paying a private expense of the sibling.
• Whether the sibling is keeping an accurate accounting and can later justify use of funds as necessary estate expenses.

Practical steps you can take now (before an administrator is appointed)

1. Confirm how the bank account is titled. Ask the bank (in writing) whether the account was sole, joint, or payable-on-death. Request a copy of the account signature card or account information.
2. Request the bank put a hold or freeze on the account until the probate court issues instructions. Many banks will freeze a sole-owner account if you provide a death certificate; banks have different policies about joint accounts and beneficiary designations.
3. Gather documentation: death certificate, mortgage statements, account statements, and any written communications from your sibling about payments.
4. File a petition for administration with the local probate court (or ask the court clerk how to file). If you fear the sibling will waste estate assets, ask the court for temporary protections (appointment of a temporary administrator or an order directing the bank to restrict withdrawals). The Mississippi probate rules allow the court to appoint an administrator and to require inventories/ accountings.
5. If immediate harm is likely (for example, large withdrawals or transfers), consider asking the court for an emergency or ex parte order to preserve estate assets until a hearing can be held.
6. Consider sending a written demand to your sibling asking them to stop using the account and to preserve records; this creates a paper trail if you later need to ask the court for relief.
7. Talk to a probate attorney. An attorney can file the appropriate paperwork, request an emergency hearing, and frame claims such as conversion, waste of estate assets, or breaches of fiduciary duty if the sibling was already serving in a fiduciary role.

Possible legal remedies in Mississippi

• Request that the probate court appoint a temporary or permanent personal representative and direct how account funds are used.
• Ask the court for an accounting and to compel return of improperly used funds to the estate.
• Pursue claims for conversion or unjust enrichment if someone used estate funds without authority (the court may order reimbursement plus any resulting damages).
• Seek injunctive relief (emergency orders) to stop further dissipation of estate assets while the court considers the matter.

Examples (hypothetical)

Example A: The bank account was solely in your deceased parent’s name. Your sibling is withdrawing funds to pay the mortgage. You can ask the bank to freeze the account and file for appointment as administrator or request the court to appoint a temporary administrator. If the sibling used funds without court authority, you could ask the court for return of funds and an accounting.

Example B: The bank account was joint with your sibling as a joint tenant with right of survivorship. The funds likely passed to the sibling outside probate. In that case, your ability to force repayment depends on whether the sibling used funds for proper estate expenses or for their own benefit; challenging that use is more complicated.

Timing and what to expect from probate court

Probate timelines vary by county. If you file a petition for administration and allege imminent harm, many courts will schedule an expedited hearing or allow temporary relief. The court can require inventories and accountings from whoever has handled assets. For statutory guidance on appointment of administrators and duties, consult Title 91 of the Mississippi Code on the Mississippi Legislature website: https://www.legislature.ms.gov/.

When to get a lawyer

Get a lawyer if any of these apply:

• Large sums have been withdrawn or transferred.
• You suspect concealment or impropriety by your sibling.
• You need emergency court orders to preserve estate assets.
• Disputes about account title, beneficiary designations, or fiduciary conduct are likely.

Helpful hints

• Act quickly: delays can make it harder to recover funds or convince a court to provide emergency relief.
• Never assume a sibling’s actions are lawful based on relationship alone — check how the account is titled.
• Get written records: emails, texts, bank statements, and any receipts showing how funds were spent.
• Contact the bank first — many banks will require a death certificate and may freeze a sole-owner account automatically.
• Filing for administration yourself may protect your rights and speed court action; courts can appoint co-administrators or temporary administrators when necessary.
• Keep receipts and a log if you are relying on payments being made for legitimate estate preservation (mortgage, property taxes, insurance).

Resources: Visit the Mississippi Legislature site to read the probate statutes (Title 91 — Decedents’ Estates): https://www.legislature.ms.gov/. For court procedures and local probate contact information, see the Mississippi Judiciary site: https://www.courts.ms.gov/.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Laws change and the facts of each situation matter; consult a licensed Mississippi attorney for advice specific to your situation.