Detailed Answer: Rights and Remedies under Nebraska probate law

Short answer: It depends on how the account was titled and whether your sibling had legal authority to use the funds. If the bank account belonged solely to the decedent and no one has been appointed personal representative, the account is generally part of the decedent’s estate and a sibling’s unilateral use of those funds can create legal claims (for example, conversion or an accounting). If the account was joint (with rights of survivorship) or payable-on-death to your sibling, the money likely passed outside probate and your remedies are different. Under Nebraska’s probate statutes (Nebraska Probate Code, Chapter 30), any interested person can petition the county court to open administration and to seek relief.

Key legal principles to consider:

• Account title matters: If the decedent’s name alone appears on the account, the funds are typically estate property. If the account is joint with a right of survivorship or has a designated beneficiary (POD), those funds pass outside probate to the surviving owner or beneficiary.
• Unauthorized use can be challenged: Using estate funds without authority can be challenged through a petition in probate court (to appoint a personal representative) and by seeking an accounting, restitution, or other equitable relief. Depending on facts, civil claims such as conversion or unjust enrichment may be available.
• Emergency/temporary relief is possible: If the sibling’s actions threaten the estate (for example, wasting assets or depleting funds needed to pay creditors or protect real estate), you can ask the court for emergency relief—such as appointment of a temporary personal representative or an order restricting further withdrawals.
• Banks have their own rules: Many banks will freeze an account after receiving a death certificate or will only allow limited access until a personal representative is appointed. But some banks allow a joint owner to continue access if the account permits.

Relevant Nebraska authority: The Nebraska Probate Code governs appointment of personal representatives, administration of estates, and related remedies. See Nebraska Revised Statutes, Chapter 30 (Probate Code) for procedures on petitions, appointment, and duties of a personal representative: Neb. Rev. Stat. Chapter 30.

How courts typically evaluate these situations

Court decisions turn on facts: account ownership, whether the sibling had an express or implied authority, whether the payments preserved estate assets (for example, stopping a foreclosure), and whether the sibling acted in good faith. A court may order reimbursement to the estate, an accounting, or might allow an equitable credit (reimbursement plus interest) if the sibling’s payments benefited the estate. Conversely, if the sibling took money for personal gain without authority, the court can order restoration and damages.

Common remedies you can seek in Nebraska

• Petition to open probate and to appoint a personal representative (county court in the decedent’s county of residence).
• Request that the court issue a temporary order limiting access to the account or appoint a temporary personal representative immediately.
• Ask the court for an accounting of funds withdrawn and for restitution to the estate if funds were used improperly.
• File civil claims (conversion, unjust enrichment) if appropriate and if non-probate remedies are needed.

Practical next steps

If you are concerned about a sibling’s use of your deceased parent’s bank account, consider the following immediate actions:

1. Collect documents: death certificate, bank statements, account signature card, mortgage statements, deed to the property, will or estate planning documents, any written communications with the sibling or bank.
2. Contact the bank: Ask how the account is titled, whether there is a survivorship right or beneficiary designation, and whether the bank has received a death certificate or plans to restrict access.
3. Preserve evidence: Save copies of withdrawals, checks, wire transfers, and any messages about payments.
4. Consider a written demand: A demand letter asking your sibling to stop using the account or to provide an accounting can sometimes resolve matters quickly.
5. File a probate petition: Any interested person can petition the county court to open an estate and appoint a personal representative. If the situation is urgent, ask the court to appoint a temporary personal representative or impose an immediate freeze on the account.
6. Talk to an attorney: A Nebraska probate or civil attorney can help evaluate whether to seek emergency court relief, prepare a petition, or file civil claims for conversion or unjust enrichment.

Helpful Hints

• Check account title first—this often resolves the legal question immediately.
• Act quickly if assets are being depleted; courts are more willing to grant temporary relief when estate assets are at risk.
• Document everything—dates, amounts, communications. Good records strengthen petitions and claims.
• If mortgage payments came from the decedent’s funds but prevented foreclosure, a court may recognize that as a benefit to the estate—keep proof of the payments and any effect on the mortgage status.
• Even if your sibling made payments with good intentions, you still have the right to an accounting and to ensure the estate is administered properly.
• Use county court probate self-help resources if you are filing a petition yourself; the Nebraska Probate Code (Chapter 30) explains filing and appointment procedures: Neb. Rev. Stat. Chapter 30.

When to consult an attorney

Contact an attorney if you face any of the following: (1) significant sums have been withdrawn; (2) property may be lost (foreclosure or tax sale); (3) the sibling refuses to provide records or an accounting; or (4) the situation is complex (multiple heirs, contested will, or liens). An attorney can file emergency motions, prepare a probate petition, and advise on civil claims.

Disclaimer: This article is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Nebraska attorney.