Short answer

Yes — in many situations the decedent’s estate can recover money that an heir withdrew from the deceased parent’s bank account or charged on the parent’s credit cards after the parent’s death. Whether the estate can recover funds depends on account ownership, account designations, authorization, timing, and whether the person acted with a lawful right to those funds. In Hawaii, the probate process and the personal representative (executor/administrator) play central roles in collecting estate assets and resolving wrongful withdrawals. See general probate and criminal statutes for Hawaii: HRS Chapter 560 (Probate) and HRS Chapter 708 (Criminal Offenses, including theft). Also consult the Hawaii Judiciary probate self-help pages: Hawaii State Judiciary – Probate.

Detailed answer — how recovery works under Hawaii law

This section explains the legal concepts and practical steps that usually determine whether the estate can get money back.

1. Who owned the account or card?

If the account was solely in the decedent’s name, the funds generally belong to the estate. Money removed after death by someone else is usually treated as an estate asset until properly distributed through probate. If the account was a joint account with right of survivorship or a named beneficiary (POD/TOD), the funds may have transferred outside probate to the surviving joint owner or beneficiary, and the estate may have no claim to those funds.

2. Authorization and apparent authority

Sometimes a person had authority to access funds before death (for example, as an authorized signer, attorney-in-fact under a valid power of attorney, or an account co-owner). A power of attorney generally ends when the principal dies, so post-death withdrawals under a POA are not lawful. Authorized signers who were expressly given ownership rights may have a stronger claim. Banks also have procedures that can freeze accounts on notice of death.

3. Role of the personal representative (PR)

When someone dies owning assets, the personal representative (executor or administrator) for the estate has the legal duty to locate, collect, and preserve estate property, pay valid debts, and distribute remaining property according to the will or intestacy rules. If an heir took funds, the PR can demand return, include the amount in the estate accounting, and bring a civil action if necessary. See the Hawaii probate statutes for the duties and powers of a personal representative: HRS Chapter 560.

4. Civil remedies the estate can use

Demand and accounting: The PR can demand the money and include the withdrawals in the estate accounting.
Turnover or replevin: A court order may force the return of specific property or funds to the estate.
Claim for conversion or unjust enrichment: The estate can sue an heir who wrongfully took funds for conversion (wrongful exercise of control) or unjust enrichment.
Constructive trust or surcharge: A court can impose a constructive trust over wrongfully taken funds or surcharge a fiduciary (require repayment plus interest) if a person in a fiduciary role misappropriated money.
Removal or replacement of a fiduciary: If a co-personal representative or trustee misused funds, the court can remove that person and order remedies.

5. Criminal consequences

Wrongful withdrawals after death can also lead to criminal charges for theft, unauthorized control, or related offenses under Hawaii law. Criminal prosecution is separate from the estate’s civil claim and can result in restitution orders, fines, or jail time. See Hawaii criminal statutes: HRS Chapter 708. The estate can report suspected theft to law enforcement.

6. Practical limitations and defenses

The heir who withdrew funds may raise defenses: they might claim joint ownership, that funds were a valid gift, or that they spent the money on legitimate expenses for the decedent (funeral, medical) and thus had an implied right. Timing matters — if the estate’s personal representative waits too long, statutes of limitations or difficulties proving the wrongful taking can hinder recovery. Also, banks sometimes freeze accounts on notice of death but may refuse to reverse withdrawals if a third party withdrew funds before notice.

7. Evidence the estate should gather

To pursue recovery, collect: death certificate, account statements before and after death, bank disclosures (account agreements), credit-card statements, copies of checks or withdrawal slips, communications (texts/emails) about access, and any powers of attorney or account authorization documents. This evidence helps the PR prove who controlled the funds and whether withdrawals were authorized.

8. How a typical recovery process works

PR notifies financial institutions of death and asks the bank to freeze or restrict the account.
PR reviews account ownership and gathers statements to identify improper withdrawals.
PR sends a written demand for return of improperly taken funds.
If demand fails, PR files a civil claim in probate or civil court for turnover, conversion, or unjust enrichment, or asks the probate court to surcharge or remove a fiduciary.
Optionally, the estate reports the matter to law enforcement for criminal investigation.

When the estate may NOT recover the money

The estate may not recover funds if:

The money lawfully passed outside probate (joint account with rights of survivorship or POD beneficiary).
The withdrawal occurred with proper authority (e.g., authorized co-owner who had ownership rights).
The rightful owner was a co-owner and the account language gave them full rights.
The estate missed an applicable statute of limitations for civil actions (so act promptly).

Helpful Hints

Notify the bank immediately after the death. Banks often have procedures to protect estate assets.
Ask the bank for a transaction history and copies of withdrawal slips and signature cards. Get this in writing.
Do not destroy records. Preserve all account statements, receipts, and communications about the accounts.
Contact the personal representative or file for appointment if no one has started probate. Only an appointed PR can act officially for the estate.
Get legal advice early. Probate and estate recovery have timing rules and procedural steps that matter for success.
Consider both civil options (turnover, conversion, surcharge) and reporting to police if theft is suspected.
If the amounts are relatively small, ask a probate attorney about small-claims or simplified probate options that can be faster and cheaper.

Where to get help in Hawaii

Start with the Hawaii State Judiciary probate pages for forms and procedures: https://www.courts.state.hi.us/self-help/probate. For legal strategy, consult a Hawaii probate attorney who understands local probate procedures, surcharge and accounting claims, and interaction with criminal authorities. For potential criminal matters, contact local law enforcement.

Disclaimer

This article explains general legal principles under Hawaii law but is not legal advice. It does not create an attorney-client relationship. Facts vary. For advice about a specific situation, consult a licensed attorney in Hawaii.