How to Respond if a Relative Uses a Deceased Parent’s Bank Account for Mortgage Payments in Nevada

Short answer: Whether you can stop a sibling from using a deceased parent’s bank account before a court appoints an administrator depends on who has legal access to the account (for example, a joint account with right of survivorship), the bank’s policies, and Nevada probate rules. If the sibling is not an authorized survivor or appointed fiduciary, their use may be unauthorized and you can seek court intervention. This article explains the typical legal framework in Nevada, practical steps you can take right away, and likely remedies.

Detailed answer — Nevada probate and bank-account basics

1. Who lawfully may use the account?

There are three common scenarios:

• Joint account with right of survivorship: If the deceased parent named the sibling as a joint account holder with survivorship rights, the sibling usually becomes the rightful owner of the funds automatically at death and may lawfully use the account to pay obligations. The bank will generally allow access on proof of death and the surviving holder’s identity.
• Payable-on-death (POD) or beneficiary designation: If a beneficiary is named (POD), the beneficiary can claim funds after the account is released by the bank; banks sometimes require documentation before disbursing funds.
• Account solely in the decedent’s name: If the account belonged only to your parent (no survivorship or POD), the funds are estate property. Under Nevada probate practice, only an appointed personal representative (administrator or executor) has legal authority to use estate funds to pay debts, including mortgage payments, except in narrow emergencies or where a bank permits temporary access.

2. What Nevada law and court process control this?

Nevada’s probate rules govern appointment of a personal representative and administration of estate assets. The Nevada Revised Statutes and Nevada courts’ probate forms and instructions explain how to open probate, request priority appointment, and obtain temporary authority when necessary. See Nevada Revised Statutes and Nevada Courts Self-Help Probate information for procedures and forms: Nevada Revised Statutes (NRS) and Nevada Courts – Self Help (Probate).

3. Can you challenge a sibling’s use before they become administrator?

Yes — if the sibling lacks legal authority (not a surviving joint owner and not yet appointed as personal representative), you can challenge their use by:

• Requesting the bank place a freeze on the account or refuse further disbursements without a court order or letters testamentary/letters of administration.
• Filing a petition in the appropriate Nevada probate court to open probate and request appointment of a personal representative (you can ask the court to appoint you or someone else).
• Asking the court for temporary relief — for example, an order preventing further withdrawal or requiring accounting and preservation of estate assets until an administrator is appointed.
• Pursuing a civil claim for conversion/restitution if the sibling has taken funds they were not authorized to use.

4. Common defenses the sibling might assert

• They were a joint owner or named beneficiary.
• They were acting to protect the property (e.g., paying mortgage to avoid foreclosure) and may claim a defense based on necessity or a later accounting to the estate.
• The bank authorized the payments based on identification and documents the sibling provided.

5. Practical considerations and how Nevada courts often handle emergencies

Nevada probate courts can move quickly when an estate faces immediate harm (foreclosure, loss of property). You can file for emergency or temporary appointment of a personal representative or for injunctive relief to preserve assets while probate proceeds. The court will balance the need to protect estate assets against the rights of any rightful joint owner or beneficiary.

What to do now — step-by-step actions

1. Gather documents: bank statements, account titles, copies of checks or withdrawals, mortgage statements, any communication from your sibling or the bank.
2. Contact the bank: inform them the account holder is deceased and ask whether they have frozen the account, whether the sibling appears as a joint owner or beneficiary, and what documents they require to disburse funds. Request written confirmation of the bank’s position.
3. Preserve evidence: save all emails, texts, and records of payments. Make a timeline of withdrawals and mortgage payments.
4. File in probate court: if the estate is not yet opened, consider petitioning the court to open probate and appoint a personal representative. Ask for priority or emergency appointment if the mortgage or property faces imminent risk.
5. Request temporary court orders: seek an order requiring accounting of funds withdrawn and preventing further withdrawals until a representative is appointed.
6. Consider civil remedies: if the sibling used funds improperly, you may seek recovery for conversion, unjust enrichment, or breach of fiduciary duty if they later become fiduciary and fail to account.
7. Get legal advice: consult a Nevada probate attorney early — they can file petitions, request emergency relief, and advise whether criminal referral (theft) is appropriate in egregious cases.

Helpful hints

• Ask the bank for account titles in writing. If the sibling is a named joint owner or POD beneficiary, banks will say so in writing.
• If foreclosure is looming, let the court know immediately — emergency appointment may stop foreclosure while the court decides administration issues.
• Do not confront the sibling in a hostile way that could escalate; gather evidence instead and use the court process to resolve disputes.
• Keep careful financial records. If you become personal representative later, you will need documentation to account for every transaction.
• Know the difference between immediate access (joint/POD) and estate property. That distinction determines whether the sibling’s actions were lawful.
• Contact Nevada Courts’ self-help resources for basic probate forms and filing instructions: nvcourts.gov/selfhelp.
• Act quickly. Delays can make it harder to recover funds or stop foreclosure.

When to hire a probate attorney

Hire an attorney if:

• The account is not joint but someone is withdrawing funds.
• There is a risk of foreclosure or substantial loss to the estate.
• You need to seek appointment as personal representative or ask the court for emergency relief.
• You expect a contested probate or a claim for conversion.

Key resources: Nevada Revised Statutes and Nevada Courts’ probate self-help pages give the forms and statutory rules that control appointment and administration. Start here: Nevada Revised Statutes (NRS) and Nevada Courts – Self Help.

Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Nevada attorney.