Short answer: Whether the estate can recover money taken by an heir after a parent’s death depends on how the account was titled (joint ownership or payable-on-death), whether the withdrawal was authorized, and whether a personal representative has been appointed. If the withdrawal was unauthorized, the estate or the personal representative can usually demand return, sue civilly for conversion/replevin, and may pursue criminal charges under Ohio’s theft laws. If the funds passed outside probate (for example, a true survivorship joint account or a payable-on-death designation), the money may belong to the survivor and not to the estate.

Detailed answer — how Ohio law treats post‑death withdrawals

1. Who legally owns the money when someone dies?

When a person dies, ownership of their assets depends on the legal arrangements in place:

• Accounts titled as joint tenants with right of survivorship or accounts with a valid payable‑on‑death (POD) designation typically pass to the surviving co‑owner or POD beneficiary outside probate and are not part of the estate. Banks will often turn over funds to the survivor after seeing a death certificate and proper ID.
• Accounts titled solely in the decedent’s name, without POD or valid joint survivorship language, become part of the decedent’s probate estate. The personal representative (executor/administrator) has the legal right to collect and control those funds while administering the estate. Ohio probate statutes and rules govern that process; see the statutes on descent/distribution and estate administration: https://codes.ohio.gov/ohio-revised-code/chapter-2113 and https://codes.ohio.gov/ohio-revised-code/chapter-2117.

2. Power of attorney ends at death

A power of attorney (POA) gives authority only while the principal is alive. It ends when the principal dies. Anyone who continues to use the decedent’s accounts after death under a POA has no authority and may be liable for return of funds.

3. Authorized versus unauthorized withdrawals

• Authorized withdrawals: If the account legally belonged to a surviving joint tenant or POD beneficiary, their withdrawals are usually lawful.
• Unauthorized withdrawals: If someone withdraws money from an account that belonged to the decedent’s estate (or otherwise takes funds without legal right) after the death, the act can be treated as conversion or theft. Ohio criminal theft law is at ORC §2913.02: https://codes.ohio.gov/ohio-revised-code/section-2913.02. Civil claims for conversion, unjust enrichment, or replevin are common ways an estate seeks recovery.

4. Credit cards and charges after death

Credit card liability generally follows the cardholder’s contractual obligations. Key points:

• Cards ordinarily terminate at the cardholder’s death. The estate is responsible for legitimate charges that were incurred before death and for authorized transactions made by someone with legal authority prior to death.
• Unauthorized charges made after death (someone swiping the card or charging it without permission) are typically not the estate’s obligation. The card issuer and the estate should be notified immediately. The estate or the issuer may dispute or remove those charges.

5. Remedies available to the estate in Ohio

If a withdrawal or charge was wrongful, the estate (through the personal representative) has several routes to recover funds:

1. Contact the bank or card issuer immediately. Provide a death certificate and ask the institution to freeze the account and reverse wrongful transactions if possible.
2. Demand letter. The personal representative or estate attorney can send a formal demand for repayment. Many disputes resolve here.
3. Civil lawsuit. The estate can sue for conversion, unjust enrichment, replevin (return of property), or breach of fiduciary duty (if the person who took funds had a fiduciary relationship). The personal representative brings these claims on behalf of the estate.
4. Criminal complaint. If the taking appears intentional and without colorable legal right, the estate or the personal representative can report the matter to law enforcement. Ohio’s theft statutes may apply: https://codes.ohio.gov/ohio-revised-code/section-2913.02.
5. Probate remedies. During probate administration the personal representative lists and gathers assets and can pursue recovery actions as part of estate administration under the probate rules and statutes: https://codes.ohio.gov/ohio-revised-code/chapter-2117.

6. Practical outcomes you can expect

• If the account had proper survivorship language or a valid POD, the survivor will likely keep the funds.
• If the account was solely the decedent’s and an heir withdrew funds after death without authority, the estate has a strong basis to demand return and to sue — banks often cooperate once the death is proven and a personal representative is appointed.
• If an heir used a POA after death or took funds with deceptive intent, criminal charges (theft) are possible in addition to civil claims.

Helpful Hints

• Act quickly. Freeze potential loss by notifying the bank and card companies as soon as you learn of withdrawals after death.
• Obtain a certified copy of the death certificate. Banks and creditors require it to act on account status.
• Do not rely on a power of attorney after death. Ask the bank about their process for returning funds taken post‑mortem.
• Keep careful records: dates, amounts, bank statements, and any communications with the person who withdrew funds or with financial institutions.
• If you are the personal representative, file probate paperwork promptly. Only the personal representative typically has standing to litigate estate claims; appointing one avoids delays in recovery.
• Consider both civil and criminal options. Even if the civil recovery is possible, parallel criminal action may deter further misconduct and support the civil case.
• Consult an Ohio probate or consumer/credit attorney quickly. Mistakes in procedure can delay or forfeit recovery; an attorney can guide the demand, probate, and litigation steps.