Detailed Answer

When someone continues using a deceased person’s bank or credit card accounts, act quickly. Nebraska law gives specific ways to stop unauthorized use and to gain legal authority to handle the decedent’s money. Below is a clear, step‑by‑step approach you can follow.

1. Confirm the death and collect documents

• Obtain multiple certified copies of the death certificate from the funeral home or Vital Records.
• Look for a will, trust, account agreements, or beneficiary/payable‑on‑death (POD) designations.

2. Identify the account types and who has access

• Joint accounts with rights of survivorship usually pass automatically to the surviving joint owner.
• Accounts with named beneficiaries or POD designations pay directly to the beneficiary and avoid probate.
• Solely owned accounts (no beneficiary) generally must be handled by a personal representative or through Nebraska’s probate procedures (Title 30 — Probate).

For the Nebraska probate statutes and procedures, see Nebraska Revised Statutes, Title 30 (Probate): https://nebraskalegislature.gov/laws/statutes.php?chapter=30.

3. Immediately stop ongoing misuse

• Call the bank and each credit card company. Tell them the account owner is deceased and report unauthorized transactions. Ask the institution to freeze the account or temporarily block access while the situation is investigated.
• Ask for written confirmation of any freeze or actions taken.
• If someone is continuing to withdraw funds or use cards, file a police report. Financial misuse of a decedent’s assets may be theft or conversion under Nebraska criminal law; see Nebraska Revised Statutes, Chapter 28 (Crimes): https://nebraskalegislature.gov/laws/statutes.php?chapter=28.

4. Get legal authority to act for the estate

If accounts are solely in the decedent’s name and you need to access them, you normally must have legal authority as a personal representative (executor/administrator) or under a small‑estate procedure. Options include:

• Appointment as personal representative (probate): file a petition in the county probate court to be appointed. Once the court issues Letters Testamentary or Letters of Administration, present those to banks to take control of accounts.
• Small‑estate or summary procedures: Nebraska provides streamlined procedures for smaller estates. If the estate qualifies, you may be able to collect certain assets without full probate. Check the probate statutes and local court rules for eligibility and process. See Nebraska Revised Statutes, Title 30: https://nebraskalegislature.gov/laws/statutes.php?chapter=30.

5. If a third party refuses to return funds

• Preserve evidence: keep account statements, print online transactions, log dates and communications with the person using the funds and with the bank.
• File a civil complaint for conversion or breach of fiduciary duty if someone improperly used estate funds. A probate attorney can advise whether to bring a claim and where to file.
• Report suspected criminal conduct to local law enforcement and the county attorney.

6. Protect the decedent’s credit and your family

• Contact all major credit bureaus (Equifax, Experian, TransUnion) to report the death and to place fraud alerts or freezes on the decedent’s credit report to prevent new accounts from being opened.
• Notify other institutions: Social Security, Medicare (if applicable), and any lenders.
• Close or freeze credit cards that were issued to the decedent. Request written confirmation of closures.

7. When to involve a Nebraska attorney

Talk with a Nebraska probate or elder‑abuse/financial‑exploitation attorney if any of the following apply:

• The bank or a person refuses to return funds or freezes access to accounts.
• Someone used the funds for their own benefit after the death.
• The estate is complex, has debts, or there are disputes among family members about distribution.
• You need immediate court orders (for example, to appoint a temporary personal representative).

Helpful Hints

• Get at least three certified death certificates right away. Banks often want an original certified copy.
• Gather the decedent’s last will, bank statements, credit card statements, tax returns, and account agreements before contacting banks.
• Ask the bank for a records printout showing who has been accessing the accounts and which transactions are in dispute.
• Keep a dated log of every call and in‑person visit: who you spoke with, what they said, and any reference numbers.
• If the person using the account is a joint account holder, know that banks may treat the right to funds differently than intestate succession rules — consult an attorney to review whether the joint ownership was legitimate or a device to take funds.
• File a police report for unauthorized withdrawals. Banks and courts take a police report and evidence of fraud seriously.
• Check for POD/transfer‑on‑death language on investment and bank accounts — these override probate for that specific asset.
• Act quickly — delay can make it harder to recover funds and may weaken legal claims.