Handling Unauthorized Charges to a Parent’s Estate in West Virginia

Overview

This FAQ explains how charges that appear on a deceased parent’s accounts or that are billed to their estate are handled during probate in West Virginia, what the personal representative (executor or administrator) should do, and what options heirs have if charges were unauthorized. This is a general explanation only and not legal advice. For exact deadlines and procedures, consult a West Virginia probate attorney or the West Virginia Code linked below.

Detailed Answer

How probate treats debts and charges

When a person dies, their estate (the collection of their assets)—not the heirs individually—is generally responsible for paying the decedent’s valid debts and obligations. The personal representative (PR) appointed by the probate court has the duty to identify estate assets, notify creditors, evaluate claims, and pay valid debts from estate funds before distributing any remaining assets to heirs.

Are post‑death or “unauthorized” charges treated the same as pre‑death debts?

No. Charges or withdrawals that occur after the decedent’s death are not automatically valid claims against the estate. Typical categories:

Debts the decedent incurred before death (bills, loans, medical expenses): generally allowed claims against the estate if properly presented.
Charges posted after death (credit card purchases, automatic payments, new contracts entered in the decedent’s name): these often are not valid debts of the decedent and can be disputed. If someone used the decedent’s card or accounts without authority after death, those transactions may be wrongful (fraud, conversion) and the estate can seek recovery.
Claims by vendors or contractors who provided goods or services after death: these may be allowed only if the PR authorized them or the contracted services benefited the estate. Unauthorized charges are subject to court review.

PR duties when unauthorized charges appear

The PR should act promptly:

Identify and secure accounts. Notify banks and credit card companies of the death and ask them to freeze or close affected accounts and stop recurring payments.
Gather records. Obtain bank and card statements, billing histories, and any invoices or receipts showing the disputed charges and the date of death.
Publish and give notice to creditors. West Virginia probate law requires notice to creditors and a process for submitting claims so that legitimate creditors can present their claims to the estate. See West Virginia Code, Title 44 (Decedents’ Estates) for the statutory process: W. Va. Code, Title 44 and the claims procedures in the applicable Articles: Chapter 44, Article 3 (Claims) and Chapter 44, Article 2 (Administration).
Allow or contest claims. The PR may admit valid claims and reject claims that are fraudulent, unauthorized, or not owed by the decedent. Rejected claims can lead to court hearings where the PR and claimant present evidence.
Pursue recovery. If someone improperly charged the estate or misused estate funds (including the PR themselves), the PR should pursue recovery through civil claims (conversion, unjust enrichment, breach of fiduciary duty) and may report criminal fraud to law enforcement.

What heirs can do if they discover unauthorized charges

If you are an heir who finds suspicious charges:

Notify the PR immediately in writing and provide any documents proving the charges occurred after death or were unauthorized.
Ask the PR to flag and reject the charge as a claim against the estate and to seek reimbursement from the person who caused the charge or from the bank/credit-card company.
If the PR does not act, heirs may petition the probate court to compel the PR to take action, to surcharge (hold financially responsible) the PR for losses caused by their failure to act, or to remove the PR if they breached their duties.
Consider civil action. The estate (through the PR) can sue the person who made unauthorized charges to recover funds. If the PR refuses to sue, an heir can ask the court to authorize a suit or to appoint someone to bring it.

Possible outcomes

Outcomes vary by facts: if charges are successfully proven unauthorized, the estate can recover the funds, reduce distributions to heirs by the amount lost until recovery, or recover from the person who caused the loss. If a creditor properly files a claim within the required statutory process, the estate may be required to pay it if the court finds it valid.

Timing and deadlines

West Virginia law establishes procedures and deadlines for creditor claims and the administration process. Timely filing, objection, and court hearings are governed by statute and local probate court rules. For specific filing deadlines and procedural rules, see the applicable sections in Title 44 of the West Virginia Code: https://www.wvlegislature.gov/WVcode/ChapterEntire.cfm?chapter=44. Because missed deadlines can bar recovery or claims, act promptly if you suspect unauthorized activity.

Hypothetical illustration

Imagine a parent dies on June 1. The executor learns on June 10 that a contractor billed and charged the deceased parent’s credit card for work done June 8–9 after the death and without authorization. The executor should immediately notify the credit card company and the contractor, preserve statements showing the date of death, reject any claim for post‑death services if not authorized, and, if the contractor refuses to refund, bring a court action on behalf of the estate seeking restitution. If the contractor claims a valid contract, the executor follows creditor claim procedures and asks the court to decide whether the charge is a valid estate obligation.

Helpful Hints

Document everything: keep copies of account statements, proof of death (death certificate), invoices, correspondence, and dates when institutions were notified.
Act quickly: notify banks and credit-card companies immediately to limit further unauthorized activity.
Do not authorize new charges. The PR should avoid paying non‑essential expenses until the court approves or valid claims are identified.
Ask for accountings. Heirs may request an accounting from the PR if they suspect mismanagement. The probate court can require a formal accounting.
Consider criminal fraud. If someone intentionally took or charged money after death, report the conduct to law enforcement in addition to pursuing civil remedies through probate court.
Consult a probate attorney. West Virginia probate has technical deadlines and specific procedural rules; an attorney can advise on claim deadlines, objections, and lawsuits to recover estate funds.
Use court remedies if the PR fails to act. Petition the probate court to force action, remove the PR, or authorize litigation on behalf of the estate.

Where to look in West Virginia law

For statutory language and the official procedural framework, review Title 44 of the West Virginia Code (Decedents’ Estates) and the specific Articles on administration and claims:

Final notes and disclaimer

This article explains general principles under West Virginia probate law but does not offer legal advice. Specific outcomes depend on the facts, the wording of contracts, and relevant deadlines in the West Virginia Code and local probate court rules. If you are facing unauthorized charges against a parent’s estate, consult a West Virginia probate attorney promptly to preserve rights and meet statutory deadlines.

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