What to do if a sibling is using a deceased parent’s bank account for mortgage payments in Oregon

Short answer: You can take steps to challenge or stop a sibling’s use of a deceased parent’s bank account before a personal representative (administrator) is formally appointed, but your options depend on the account setup (sole, joint, POD), whether a will exists, and whether the sibling has any legal authority. Acting quickly, preserving evidence, and contacting the probate court or an attorney will improve your chances of stopping improper use.

Detailed answer — what Oregon law means for this situation

Under Oregon practice, the estate’s assets generally belong to the decedent’s estate once a person dies. A person only gets legal authority to collect, spend, or manage estate funds after the court appoints them as the personal representative (administrator or executor) or another lawful mechanism applies (for example, a valid trust or a bank account that designates a surviving owner). Until someone has court-appointed authority, anyone who uses estate funds for their own benefit risks civil claims (conversion, unjust enrichment) and possibly criminal claims (theft), depending on the facts.

Key factual distinctions that control what you can do right now:

• Account ownership: If the bank account was only in your parent’s name, the funds belong to the estate and should not be used by a sibling without court authority.
• Joint account or named survivorship (POD/TOD): If your sibling is a joint owner or the account is payable-on-death to them, the bank may treat them as a surviving owner and the funds may pass to them outside probate. That often gives them access lawfully. Check account documents and bank records.
• Mortgage payments vs. other uses: Making mortgage payments may preserve the property from foreclosure, which can be a neutral or even helpful act — but it can still create a claim for reimbursement from the estate. If the sibling pays the mortgage personally and later claims reimbursement from the estate (or treats estate funds as theirs), that raises different remedies.
• Existing will or trust: A will that names an executor gives the named executor first claim to appointment; a trust may allow trustees to act outside probate.

Practical legal options available before formal appointment

If you believe your sibling is improperly using the funds, consider these steps:

• Contact the bank immediately: Ask what authority your sibling gave the bank (joint owner, power of attorney, POD). Provide a death certificate if not already provided. If the account is solely in the decedent’s name, request the bank place a hold or “freeze” pending probate — banks often honor a decedent freeze to avoid liability.
• Preserve evidence: Save bank statements, mortgage statements, communications (texts, emails), copies of payment records, and the death certificate.
• Ask for an emergency or temporary appointment: You (or another interested person) can file a petition with the Oregon circuit court probate division asking the court to appoint a personal representative or to issue a temporary order preventing dissipation of estate assets. Courts can issue temporary protective measures in urgent cases.
• Request an accounting after appointment: If your sibling ultimately becomes the personal representative, you can ask the court for an accounting of estate transactions and, if misuse occurred, for surcharge (repayment) or removal.
• Consider a civil claim or criminal reporting: If the sibling withdrew funds for personal benefit without authority, you may have civil claims (conversion, unjust enrichment) and can consult the district attorney about potential criminal theft charges. Filing a civil claim can result in recovery and a court order to return funds.
• Talk to the mortgage company: If mortgage payments stop, contact the lender to explain the situation and ask for a short hold while probate is sorted out — lenders sometimes offer forbearance or time to clarify authority so the property is not lost.
• Use small estate procedures if applicable: Oregon has simplified procedures for small estates that let certain people collect limited assets without full probate. If the estate qualifies and someone uses that procedure improperly, you can challenge it. Check local court resources for small estate rules.

How the probate process affects your rights

Once you file a petition for appointment of a personal representative, the court will give notice to interested persons and hold a hearing. The appointed representative has a fiduciary duty to conserve estate assets, pay valid debts, and distribute remaining assets according to the will or law. If a sibling used estate funds improperly before appointment, the court can order recovery, deny compensation, or remove the person from the role if appointed.

Where to find Oregon-specific resources

• Oregon Judicial Department — Probate basics and forms: https://www.courts.oregon.gov/programs/probate/pages/default.aspx
• Oregon Revised Statutes and legislative resources (to look up specific probate statutes and procedures): https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx

Helpful Hints — practical checklist

• Immediately obtain and keep copies of recent bank statements and mortgage payment history.
• Ask the bank what form of access your sibling used (joint owner, POA, beneficiary designation) and request a temporary freeze if appropriate.
• Check whether a will or trust exists and who it names as personal representative or trustee.
• If the mortgage is at risk, contact the lender to explain the situation and request a short grace period while you sort legal authority.
• File a probate petition in your county’s circuit court if you or someone else wants to be appointed personal representative; the court can provide temporary protections.
• Consider mediation or negotiation with your sibling if their use preserved the home; track payments to seek reimbursement if necessary.
• Talk to a probate attorney quickly — many offer short initial consultations and can tell you whether to seek emergency court action.

Important: Procedures and remedies depend on the exact facts (account type, whether there is a will or trust, amounts involved). For county-specific forms and procedures, contact your local circuit court probate clerk.

Disclaimer

This article explains general Oregon probate practice and is for educational purposes only. It is not legal advice. For advice about your exact situation, contact a licensed Oregon attorney who handles probate and estate disputes.