Detailed answer

Short answer: In West Virginia, money taken from a deceased parent’s bank account or charges made on their credit card after death generally belong to the decedent’s estate. Only the personal representative (executor or administrator) has legal authority to collect estate assets and pay debts or distribute funds. If an heir withdraws money or uses credit cards after the parent dies without proper legal authority, the estate can usually demand return of the funds and can sue for conversion, unjust enrichment, or seek an accounting. Criminal charges (theft or fraud) are also possible.

How West Virginia law treats accounts and credit cards after death

When a person dies, their assets normally become part of their probate estate, to be gathered, debts paid, and remaining assets distributed under West Virginia probate law. The personal representative appointed by the probate court has the exclusive authority to manage and distribute estate assets. See West Virginia statutes governing wills, estates, and fiduciaries for how probate works: W. Va. Code Title 44 — Wills, Decedents’ Estates, and Fiduciaries.

Accounts with beneficiary designations or survivorship

There are exceptions. Accounts titled as joint with right of survivorship or payable-on-death (POD) / transfer-on-death (TOD) beneficiary accounts pass directly to the surviving owner or named beneficiary and do not become estate property. Banks will require the death certificate and proof of beneficiary status before releasing funds to a survivor. Always check the account title and beneficiary designation before assuming funds are part of probate.

Joint accounts and “convenience” signers

Joint accounts usually pass to the surviving joint owner. But if an account was merely established so someone could pay bills for the decedent (a “convenience” signer), the facts may affect whether funds belong to the estate. Disputes often turn on documentary evidence and the account holder’s intent.

Credit cards

Credit card debt is generally paid from the estate, not by heirs personally (unless an heir co-signed). Unauthorized charges made after death by an heir can be treated as theft or fraud and the estate can demand reimbursement and may pursue civil and criminal remedies. Promptly notify the card issuer, close the account, and provide the death certificate.

How the estate can recover money

1. Demand return and give the bank proof of death and letters testamentary. The personal representative should present a death certificate and letters testamentary or letters of administration from the probate court. Banks often freeze accounts on notification of death; the PR can show authority to recover estate property.
2. Require an accounting and demand repayment. The PR can send a written demand for repayment. If the heir does not return the funds, the PR may file a civil action for conversion (wrongful taking), replevin (recovery of specific funds or property), unjust enrichment, or an accounting in probate court.
3. Include the matter in probate administration. The PR lists estate assets and may bring claims on behalf of the estate against anyone who removed funds improperly. See West Virginia probate law for the PR’s duties: W. Va. Code Title 44.
4. Criminal remedies. If the conduct appears intentional, law enforcement can investigate for theft, embezzlement, or fraud under West Virginia criminal statutes. See general criminal statutes: W. Va. Code Title 61 — Crimes and Their Punishment.
5. Work with the bank and creditors. Sometimes banks will reverse transactions or place holds when provided with a death certificate and probate documents. Contacting the bank’s fraud department early helps preserve evidence and may speed recovery.

Practical examples (hypothetical fact patterns)

Example 1: If a parent dies and a named POD beneficiary withdraws funds, the POD beneficiary keeps the funds; the estate generally cannot reclaim them. Example 2: If an heir who is not a joint owner withdraws funds the day after the parent dies and there is no permissive authority, the estate’s personal representative can demand repayment and sue for conversion. Example 3: If someone uses a deceased parent’s credit card after death, the card issuer will expect repayment for charges. The estate can seek reimbursement and law enforcement can investigate for fraud if the charges were intentional and unauthorized.

Timing and proofs matter

Act quickly. Banks often purge records or resist claims without probate documents. The probate court’s appointment of a personal representative gives legal standing to act for the estate. The longer a wrongful taker retains funds, the more complex the recovery process can become.

Helpful Hints

• Immediately notify the bank and credit card companies of the death and request account freezes.
• Obtain certified copies of the death certificate and file for probate to get letters testamentary or letters of administration. (See W. Va. Code Title 44.)
• Do not allow anyone to move or spend estate funds without written authority from the personal representative or a court order.
• Gather records: bank statements, check images, credit-card statements, account titles, and any communications showing intent (e.g., beneficiary forms or account agreements).
• Send a written demand for return of funds before filing suit. Keep copies of all correspondence.
• Consider both civil claims (conversion, unjust enrichment, accounting) and criminal complaints if the conduct appears intentional. See West Virginia criminal statutes for theft and fraud: W. Va. Code Title 61.
• If you are an heir who was given permission to manage bills, keep careful records and get court approval or a written agreement to avoid later disputes.
• Consult a West Virginia probate or civil attorney early to evaluate remedies and next steps.

Important note: This article explains general principles under West Virginia law and common remedies when someone withdraws funds or uses credit accounts after a death. The outcome can vary based on account titles, beneficiary designations, whether the person was an authorized signer, and the precise facts.

Disclaimer: This is educational information, not legal advice. For advice about a specific situation, speak with a licensed West Virginia attorney who handles probate and estate litigation.