Dealing with Unauthorized Charges to a Parent’s Estate in New Hampshire
Disclaimer: This is general information, not legal advice. I am not a lawyer. If you need legal advice about your situation, consult a New Hampshire attorney who handles probate and fiduciary matters.
Detailed answer: How the probate process handles unauthorized charges
When someone makes unauthorized charges against a decedent’s accounts or otherwise takes estate assets without permission, New Hampshire’s probate process provides several ways to identify, challenge, and remedy that misconduct. Below is a step-by-step explanation of what typically happens and what you can do.
1. What counts as an unauthorized charge?
Unauthorized charges can include: post-death withdrawals from bank accounts or misuse of credit/debit cards; continuing to use a parent’s accounts after incapacity or death; improper payments to a caregiver or family member; transfers made without authority; or expenses charged to the estate that are not legitimate estate obligations.
2. Who manages the estate and who can challenge charges?
The personal representative (sometimes called executor or administrator) appointed by the probate court manages the estate. Beneficiaries, heirs, and creditors can challenge unauthorized charges. If someone other than the appointed representative has control of assets, the personal representative or an interested party can bring matters before the probate court.
3. Inventory, notice to creditors, and accounting — how they help reveal problems
The personal representative must gather the decedent’s assets, prepare an inventory, and give required notices (including notice to creditors). During administration the representative files accountings with the probate court. These required steps help identify missing funds and unauthorized transactions. If items are missing or charges look improper, interested persons can object to the accounting or ask the court for more information.
4. Filing objections and contesting charges
If you believe charges are unauthorized, you can:
- Request a detailed accounting from the personal representative.
- File a formal objection or exception to the accounting with the probate court.
- Petition the probate court to surcharge the personal representative or the person who misapplied estate assets (a surcharge orders reimbursement and may include interest).
- Ask the court to remove a personal representative for misconduct or inability to perform duties.
5. Remedies the probate court can order
The probate court can order restoration of estate property, repayment of unauthorized withdrawals, removal of the fiduciary, and a surcharge against a fiduciary who breached duty. The court can also require an accounting and approve legal fees for pursuing recovery. In addition to probate remedies, unauthorized charges that amount to theft or fraud may be reported to law enforcement for criminal investigation.
6. Timing: act quickly
Probate has procedural deadlines. Creditors must typically file claims within the time set by statute and the personal representative must follow statutory timelines for notice, inventory, and accounting. Delays can make recovery harder or affect rights. If you suspect unauthorized charges, seek guidance and act promptly.
7. Evidence you’ll need
Collect and preserve evidence: bank and credit card statements, canceled checks, account transaction histories, correspondence, receipts, copies of the will, probate filings, and any powers of attorney or guardianship orders. The probate court and possibly law enforcement will use these documents to determine whether charges were proper.
8. How criminal and civil processes may overlap
Probate remedies (civil) and criminal prosecution are separate. Even if probate court forces repayment, the state could still pursue criminal charges for theft or exploitation of an incapacitated adult. Conversely, a criminal investigation does not substitute for probate relief — you can and often should pursue both avenues.
9. Where to find New Hampshire probate rules and information
For procedural rules, forms, and local probate court contacts, consult the New Hampshire Judicial Branch probate pages: https://www.courts.state.nh.us/probate/. For text of New Hampshire laws generally, see the Revised Statutes at the New Hampshire General Court: https://www.gencourt.state.nh.us/rsa/html/.
Hypothetical example
Suppose an adult child continued to use a deceased parent’s debit card after the parent’s death and paid for personal expenses. The personal representative discovers the missing funds while preparing the inventory. The representative files an accounting that shows the unauthorized withdrawals. An heir objects. The probate court can order the child to repay the amounts, surcharge the child for breach of fiduciary duty (if the child had fiduciary authority), and remove the child from any role managing the estate. If the withdrawals were criminal, law enforcement may be contacted separately.
Helpful hints
- Preserve records: Immediately obtain copies of bank statements, transaction histories, and bills.
- Ask for a formal accounting: Request the personal representative file or explain the estate accounting in court.
- Object in writing and on time: File objections or exceptions with the probate court before the accounting is approved.
- Consider both civil and criminal routes: Report suspected theft to the police and pursue probate remedies concurrently.
- Keep copies of probate filings: Inventories, notices, and accountings are central to proving claims.
- Act quickly: Statutes of limitations and probate timelines can limit options.
- Talk to a probate attorney: A lawyer can help evaluate claims, prepare pleadings, and represent your interests in court.
- Check local court resources: Your county probate court may have forms and guidance specific to local practice.
If you want, provide a short description of the facts (e.g., what was taken, who made the charges, whether the personal representative has accounted for the estate) and I can outline the likely next steps under New Hampshire probate practice.