Can I challenge a sibling’s use of our deceased parent’s bank account for mortgage payments?

Short answer: Yes — you can often challenge unauthorized use of a decedent’s account in Missouri, but the best route depends on how the account is titled, whether your sibling had legal authority (joint owner, co-signer, or named fiduciary), and whether the probate court has appointed an administrator. Acting quickly and documenting transactions improves your chances of stopping improper withdrawals.

How this works under Missouri law

When someone dies, their property generally becomes part of the decedent’s estate until a personal representative (executor or administrator) is appointed and the probate court authorizes spending. Missouri’s probate rules govern appointment and estate administration; see the provisions on estate administration in the Missouri Revised Statutes, Chapter 474: RSMo Chapter 474 (Administration of Estates).

Whether your sibling had the right to use the account turns mainly on three facts:

• Account title: Was the account solely in your parent’s name, jointly held, or payable-on-death (POD)? A joint account owner typically retains the right to use funds during their co-ownership. A POD designation passes funds to the named beneficiary outside probate.
• Legal authority: Did your sibling have formal authority — for example, a durable power of attorney that was valid before death? A power of attorney ends at death, so it cannot authorize post-death withdrawals.
• Immediate necessity and creditor rights: Mortgage companies can foreclose if payments stop. In some cases, family members pay bills to protect the property. Even if payments are well-intentioned, unauthorized withdrawals from a solely-owned account may be considered conversion and can be reversed in probate.

Possible legal claims and remedies in Missouri

• Request an accounting or recovery in probate: If you or another heir open probate and an administrator is appointed, the administrator can demand an accounting of estate funds and recover improperly used funds. The probate code provides the court with authority to sort out estate assets and liabilities. See RSMo Chapter 474.
• Civil claim for conversion or unjust enrichment: If the sibling withdrew money without legal right, heirs or the appointed representative can sue to recover the funds or obtain a court order returning money to the estate. Missouri statutes addressing offenses against property (criminal) are in Chapter 570: RSMo Chapter 570. Civil claims for conversion are separate remedies.
• Ask the probate court for temporary relief: You can ask the court to appoint an interim administrator or grant injunctive relief to preserve estate assets while the court decides who should administer the estate.
• Criminal complaint (in some cases): If a sibling knowingly stole funds after the parent’s death, a theft or embezzlement complaint with local law enforcement may be appropriate. Law enforcement and prosecutors evaluate criminal intent.

Practical steps you can take now

1. Get the factual picture: Gather bank statements, mortgage statements, death certificate, title documents, powers of attorney, and any communications about payments.
2. Contact the bank: Ask whether the bank froze the decedent’s accounts on notice of death, whether the sibling was a joint owner, and request copies of withdrawal records. Banks often require a certified death certificate and may freeze accounts pending probate.
3. Contact the mortgage company: Confirm the current payment status, the payoff amount, and whether the mortgage company will accept payments from third parties. Some lenders accept payments to avoid foreclosure even from non-authorized persons, but that does not legalize unauthorized withdrawals from the decedent’s account.
4. Consider filing for probate or asking the court for temporary relief: If no administrator exists, an heir can petition the probate court for appointment of an administrator or for emergency orders to protect estate assets. The probate clerk at the county court can explain filing procedures and forms.
5. Consult an attorney quickly: A probate attorney can advise whether to seek an immediate temporary administrator, request an accounting, or file a civil claim. Prompt action helps preserve rights and prevent dissipation of assets.

Common scenarios and likely outcomes

Here are a few typical fact patterns and what they usually mean under Missouri practice:

• Account was joint: A joint account holder often has the right to withdraw funds. Challenging those withdrawals is harder unless you can prove fraud or that the sibling exceeded joint-owner rights.
• Account was sole name, sibling withdrew after death: Those withdrawals are generally unauthorized. The probate court or an administrator can seek recovery.
• Sibling was mortgage co-signer or had legal duty to pay mortgage: Co-signer status or contract obligations can affect who may use funds and whether mortgage payments are legally justified.
• Sibling paid mortgage to maintain property but used estate funds improperly: Even well-intentioned payments can be ordered repaid to the estate; the court may weigh whether the payments benefited the estate versus private parties.

How long will this take?

Timing varies. Bank freezes and emergency orders can happen within days to weeks. Full probate administration and recovery actions can take months. Acting quickly to preserve proof and involving the court early usually helps resolve the issue faster.

Helpful hints

• Keep written records of every communication with the bank, mortgage company, and family members.
• Order certified copies of the death certificate and secure originals of wills or other estate documents.
• Ask the bank for transaction histories showing the dates, amounts, and recipients of withdrawals.
• If you fear immediate dissipation of funds, ask the probate court for emergency relief or ask a local attorney about an ex parte petition.
• Do not rely on a power of attorney after the principal’s death — it is not effective post-mortem.
• Be aware that returning money voluntarily or reaching a written family agreement can avoid expensive litigation, but get agreements in writing and consider court approval if you later open probate.

Where to look for Missouri law and forms

Missouri’s statutes on estate administration: RSMo Chapter 474 (Administration of Estates). For property and theft offenses that may apply in wrongful-withdrawal situations: RSMo Chapter 570 (Offenses Against Property).

Bottom line

You can challenge a sibling’s use of a deceased parent’s account in Missouri, especially when the account was solely in the parent’s name and withdrawals occurred after death. The probate court has tools to recover improperly used funds and to appoint someone to protect estate assets. Quick documentation, contacting the bank and mortgage company, and seeking appointment of an administrator or emergency court relief are the practical first steps.

Disclaimer: This article explains general legal principles under Missouri law for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Missouri attorney.