Detailed answer — what North Dakota law allows and how to proceed

This section explains what typically happens after someone dies, what actions a sibling may or may not lawfully take with bank accounts, and what remedies are available under North Dakota law.

1) Who controls the bank account right after death?

Bank treatment depends on how the deceased parent’s account was set up:

• If the account was solely in the deceased parent’s name with no payable-on-death (POD) or joint owner, banks usually freeze the account when notified of the death. Funds become part of the decedent’s estate and must be distributed through probate unless a valid non-probate transfer applies.
• If the account had a joint owner with rights of survivorship (for example, joint tenancy), the surviving joint owner commonly becomes the legal owner automatically and can keep using the funds.
• If the account was payable-on-death (POD) to a named beneficiary, the POD beneficiary generally gets the funds directly without probate.
• If the sibling had a power of attorney, that authority ends on the parent’s death; a POA cannot lawfully be used after death to access the decedent’s funds.

2) When is using estate funds potentially wrongful?

Using funds that are part of the estate for personal purposes (or to pay third parties like a mortgage) without authority can be wrongful. This can be:

• Improper if the account was frozen and the sibling withdrew money by misleading the bank or forging documents;
• Not wrongful if the sibling was a surviving joint owner or an entitled POD beneficiary;
• Wrongful if the sibling claims authority based on a power of attorney that terminated at death.

3) Immediate steps you can take in North Dakota

1. Preserve evidence: Save bank statements, texts, emails, mortgage statements, canceled checks, and notes about conversations. Record dates and amounts of transfers.
2. Contact the bank promptly: Ask whether the account is frozen, what withdrawals have been made, and whether the bank requires a probate order or letters of administration to release funds. A bank may be able to place a hold or provide an account history to the court.
3. Ask the sibling to stop: Send a clear written demand (email or certified letter) asking them to stop using the account and to preserve records. This preserves a paper trail.
4. File for appointment of a personal representative in probate court: Under North Dakota probate procedures, interested persons can petition the district court to open probate and appoint a personal representative (sometimes called an administrator) to collect assets and protect the estate. See North Dakota Century Code Title 30.1 (Estates, Trusts, and Protected Persons) for probate rules and procedures: N.D.C.C. Title 30.1.
5. Ask the court for emergency relief: When estate assets face an immediate risk (for example, someone is withdrawing large sums), a petitioner can request temporary or interim relief from the court — such as a temporary injunction or appointment of a temporary personal representative — to preserve assets pending full probate. Courts have authority under the probate statutes and rules to act quickly to prevent dissipation of estate property.

4) Legal claims you can assert

If the sibling improperly withdrew or used estate funds, potential claims include:

• Accounting and surcharge against a person holding estate funds;
• Conversion or civil theft for unauthorized taking of money;
• Petition to remove or prevent appointment if the sibling is an interested party acting improperly;
• Claims during probate distribution to recover misapplied funds.

5) How the court resolves conflicts

Once someone files a petition to open probate and asks the court to appoint a personal representative, the court will give notice to interested persons and determine rightful ownership and distribution. If the sibling lacks legal title, the court can order return of funds and require an accounting. The probate process follows the North Dakota Century Code procedures in Title 30.1 and local district court rules; you can find the statutes here: N.D.C.C. Title 30.1.

6) Timelines and practical considerations

Act quickly. Banks and third parties may treat an apparently authorized person as the account controller until the court says otherwise. Filing a probate petition and asking the court for temporary protection is often the most effective way to stop further depletion of estate funds.

Helpful Hints

• Document everything. Dates, amounts, texts, emails, and witnesses matter.
• Contact the bank early. Ask if they will provide a transaction ledger and whether they will honor a court order to freeze funds.
• Do not attempt self-help (for example, forcefully taking records or seizing funds). That can create more legal exposure for you.
• If the account was joint or POD, determine the exact title language. These terms often decide who gets the money without probate.
• Consider filing an emergency petition for appointment of a temporary personal representative or for injunctive relief to preserve estate assets while the court addresses full probate.
• Talk with a probate attorney early. Probate practice can be technical, and an attorney can draft pleadings asking the court for immediate protection.
• Find basic North Dakota probate resources at the state courts website: North Dakota Courts – Probate.

When to get an attorney

If the sibling has already removed substantial funds, refuses to account, or claims a legal right to the money (joint account, beneficiary, or otherwise), consult a probate attorney without delay. An attorney can prepare and file the probate petition, request emergency relief, and represent you in court proceedings.