Short answer

If someone withdraws cash or charges a credit card after a parent dies, those funds generally belong to the deceased person’s estate, not the individual who withdrew or charged them—unless that person had a lawful right to the money (for example, they were a surviving joint owner). The appointed personal representative (executor) can demand the funds back, bring a civil claim (for conversion, unjust enrichment, or an accounting), and may refer the matter for criminal investigation (theft). In Washington, powers of attorney end at death, so a POA cannot lawfully be used to withdraw funds after death.

Detailed answer — how recovery works under Washington law

1. Who owns the money after death?

Ownership depends on how the account was titled:

• Joint accounts with rights of survivorship typically pass to the surviving joint owner immediately. If the heir was a true joint owner, their withdrawals may be lawful.
• Payable-on-death (POD) or transfer-on-death (TOD) designations pass assets to the named beneficiary outside probate.
• If the account was solely in the decedent’s name, the money is an estate asset and must be administered through probate or other estate procedures.
• A power of attorney ends when the principal dies. Any withdrawals made after death under a POA are not authorized by that document.

For the Uniform Power of Attorney Act in Washington, see RCW Chapter 11.125.

2. Immediate legal consequence: estate asset vs. wrongfully taken property

If a person withdrew funds from a solely owned account after the owner died, the estate’s personal representative should treat those withdrawals as wrongful transfers unless a valid survivorship or beneficiary claim exists. The representative may:

• Demand return of the funds;
• Include the matter in the estate accounting submitted to the probate court;
• Bring a civil lawsuit against the person who took the money for conversion, unjust enrichment, or to obtain an accounting; and
• Refer the matter to law enforcement for possible criminal charges (theft, fraud).

Washington criminal statutes addressing theft and related wrongs are in RCW Chapter 9A.56 (Theft and related offenses).

3. How recovery typically happens

1. Appointment of a personal representative. If no probate has been opened, an interested person (usually a spouse or child) can open probate and seek appointment. The personal representative has statutory duties to locate assets and pursue estate claims. (See Washington Probate Law (RCW Title 11).)
2. Demand letter and documentation. The personal representative or attorney sends a written demand for return of funds, with copies of the death certificate and account records.
3. Bank cooperation. Banks often freeze accounts and reverse transactions when presented with a death certificate and court papers. Acting quickly increases the chance of recovery.
4. Civil suit. If the person refuses to return the funds, the estate can sue for conversion, unjust enrichment, or breach of fiduciary duty. The probate court can also order a surcharge against a personal representative who misappropriated estate funds.
5. Criminal referral. If facts suggest theft or fraud, the estate’s attorney or the personal representative can refer the situation to police or the county prosecutor. Criminal investigation may run parallel to civil actions.

4. Time limits and practical timing

Civil claims for wrongful taking of personal property are subject to Washington’s statutes of limitations. Actions for taking, detaining, or injuring personal property are governed by state limitation rules. See RCW 4.16.080 for limitations on actions involving personal property. Probate also has deadlines for presenting creditor claims and for estate administration—delays can affect remedies. Consult an attorney promptly to preserve rights.

5. Defenses the withdrawing heir might assert

• They claim they were a joint owner or named beneficiary.
• They assert they believed they had authorization (e.g., relied on an orally granted permission or an expired power of attorney).
• They claim the money was a gift or a repayment of a loan.

The personal representative will need records and evidence to confirm or rebut these claims.

6. Credit card charges after death

Credit card charges made after death can raise criminal and civil issues. The estate is generally responsible for the deceased’s debts only to the extent of estate assets, but charges made without authority are potentially fraudulent. The card issuer and the estate will investigate. If an heir charged purchases for their own benefit, the estate can demand reimbursement and pursue civil or criminal remedies.

7. What a personal representative should do first

Quick action helps preserve assets and evidence. The representative should:

• Obtain certified copies of the death certificate;
• Contact the decedent’s banks and credit-card issuers and ask them to freeze accounts; provide a copy of the death certificate;
• Get copies of account statements showing the withdrawals and any payments or transfers;
• Open probate (if appropriate) and seek appointment as personal representative; and
• Consult a probate attorney to evaluate civil and criminal options.

Helpful hints

• Do not try to “self-help” by confronting or seizing property without legal authority—this can create new legal problems.
• If you suspect an heir has taken funds, preserve electronic records: bank statements, transaction receipts, text messages, and emails.
• Check account titles carefully. Joint ownership and POD/TOD designations are common reasons banks allow withdrawals after death.
• Remember that a power of attorney ends at death and cannot authorize post-death withdrawals (see RCW 11.125).
• Contact the bank right away. Banks often have internal procedures to reverse improper transactions if notified quickly.
• Consider both civil and criminal remedies. A criminal referral can be appropriate where the facts suggest theft or fraud.
• Talk to a probate attorney. Probate rules and deadlines affect remedies and how to proceed.
• Act promptly to avoid losing legal rights under limitation periods (see RCW 4.16.080).