What to do when someone else is using a deceased parent’s financial accounts in Montana

This guide explains practical steps you can take in Montana to stop unauthorized use of a deceased parent’s bank and credit card accounts, get control of those accounts, and protect the estate. It assumes no legal background. This is educational information only — not legal advice. For help tailored to your situation, consult a Montana probate attorney.

Detailed answer — step by step

1) Confirm the death and get certified death certificates

Obtain multiple certified copies of the death certificate from the Montana vital records office or the county health department where the death occurred. Banks and card issuers require certified copies before they will act. Order several copies because you will need them for multiple institutions.

2) Identify account ownership and how title passes

Look at account agreements and statements to determine whether each account is:

• Owned solely by the decedent,
• Joint with right of survivorship (joint account), or
• Payable-on-death / transfer-on-death (POD/TOD).

Joint accounts or properly designated POD/TOD accounts normally pass immediately to the surviving co-owner/beneficiary and typically do not become estate property. Accounts titled solely in the decedent’s name do not pass by POA (a power of attorney ends at death) and become the responsibility of the estate. If you are unsure about account title language, request account statements and the bank’s account agreement.

3) Contact the bank and card issuers immediately

Call the financial institutions and the credit card companies. Tell them the account owner died and that you believe an unauthorized person is using the account. Ask that the institution freeze or block outgoing transfers and card use pending verification. Provide a certified death certificate and your contact information. If you plan to seek appointment as the personal representative (executor), tell the bank you will provide letters of appointment when the court issues them.

4) Report suspected theft or fraud

If someone is using accounts without legal authority (for example, continuing to withdraw funds after the death), file a police report with your local law enforcement agency. Ask the bank and card issuer to note the account as the subject of possible fraud and to preserve electronic records and statements. Criminal or civil charges could follow if funds have been taken improperly.

5) Start the probate process—or use a simplified option if available

To gain legal authority to control accounts owned by the decedent, someone must be formally appointed by the Montana district court as the personal representative (executor). The personal representative has authority to collect estate assets, pay valid debts, and distribute property under Montana’s probate rules. The Montana Code Annotated contains the state’s probate law; see the official code for details: Montana Code Annotated (probate and related statutes).

If the estate is small, Montana may offer simplified procedures for small or summary estates (check the MCA or local court rules). A probate attorney or the district court clerk can explain whether a small estate affidavit or simplified filing will work for your situation.

6) Obtain letters of appointment (letters testamentary or letters of administration)

Once the court appoints a personal representative, you receive written proof (letters of appointment). Present those letters plus a certified death certificate to banks and card issuers to gain access to accounts that belong to the estate. The personal representative can then lawfully close accounts, transfer funds to a probate estate account, pay creditors, and manage credit-card claims.

7) Dealing with credit cards and creditor claims

Credit card companies usually require the personal representative to notify them of the death and to submit claims for debts. Do not assume personal liability for debts solely because you are a family member. In Montana, the estate — not surviving relatives — typically pays debts from estate assets unless a family member co-signed or is otherwise legally liable. The personal representative should gather statements, evaluate creditor claims, and handle disputes.

8) Protect the decedent’s credit and your identity

• Notify the major credit bureaus of the death and of suspected fraud. Ask for fraud alerts or credit freezes if accounts were misused.
• Close or freeze accounts that should not remain open.
• Keep careful records: copies of letters, emails, account statements, transaction histories, police reports, and all communications with financial institutions.

9) If a family member refuses to turn over funds or is hostile

If someone refuses to cooperate after a death, the personal representative can file motions in the Montana district court asking the judge to order turnover of estate property and to sanction wrongdoing. In serious cases (clear theft or conversion), you may also pursue criminal charges or a civil action for conversion. Preserve evidence and avoid direct confrontation. Talk to an attorney about obtaining emergency court relief if funds are being dissipated.

10) When to hire an attorney

Contact a Montana probate or elder law attorney if:

• The other person refuses to stop using accounts,
• Significant funds are missing,
• Multiple or complex assets require administration, or
• You anticipate contested claims or family disputes.

Helpful hints

• Get multiple certified death certificates right away; banks want originals.
• Gather paperwork: account numbers, recent statements, the decedent’s ID, the will (if any), and any power of attorney documents.
• Remember: a power of attorney ends at death. The person with a POA cannot legally use it after the decedent dies.
• Do not transfer large estate assets to yourself or others without court authority — that can create liability.
• Request that the financial institution preserve electronic records and transaction logs; these are important for investigations or court proceedings.
• File a police report if you suspect theft. Follow up with the bank’s fraud department and ask for a written receipt or case number.
• Place fraud alerts or credit freezes with the major credit bureaus if identity theft is a concern.
• If the estate is simple, ask the district court clerk or a probate attorney about streamlined or small estate procedures to avoid full probate costs and delays.
• Keep a clear timeline of events: when you informed each institution, what they said, and what actions were taken.

Quick resources: Official Montana Code Annotated (probate statutes and related law): https://leg.mt.gov/bills/mca/

Final note / disclaimer

This information is educational and does not constitute legal advice. Laws and procedures change over time and may vary by county. For specific legal guidance about Montana probate, estate administration, or suspected financial abuse, consult a licensed Montana attorney familiar with probate law.