Recovering Money Taken From a Deceased Parent’s Accounts — Idaho

Short answer: Money taken from a deceased person’s bank account or charged on their credit cards by an heir after death can usually be recovered by the estate. The estate’s personal representative (executor/administrator) can demand the funds back, sue to recover them, and may report criminal theft. Whether recovery is straightforward depends on how the account was titled (sole account, joint account, payable-on-death, or trust), whether payments were lawful, and how fast the estate acts.

How Idaho law frames the issue

Idaho’s probate statutes (Title 15) set rules about who controls a decedent’s property and how creditors and beneficiaries are paid. The personal representative appointed by the probate court manages the estate, collects assets, pays debts, and distributes what remains to heirs and beneficiaries. If an heir withdraws assets that belong to the estate, that act can be treated as wrongful possession or conversion and the personal representative has authority to recover the assets for the estate. For general statutory guidance on probate and administration see Idaho Code, Title 15: https://legislature.idaho.gov/statutesrules/idstat/title15/.

Common fact patterns and how they affect recovery

• Sole account in the deceased parent’s name: The account becomes part of the probate estate unless there is a valid beneficiary designation. If an heir withdraws funds after death, the personal representative can demand repayment and may sue for conversion or breach of fiduciary duty.
• Joint account with right of survivorship: Funds in a true joint tenancy or joint account with survivorship usually pass to the surviving joint owner outside probate. The surviving owner typically keeps the funds. However, if the account was used fraudulently (for example, funds were put back in before death to defeat creditors), the estate or creditors might challenge the transfer.
• Payable-on-death (POD) or beneficiary-designated accounts: These pass directly to the named beneficiary outside probate. The estate generally cannot recover funds already paid to the POD beneficiary unless there is fraud or an improper act.
• Credit card charges after death: Unauthorized charges by an heir are generally not valid obligations of the estate. The credit card issuer may reverse charges if notified; the estate can sue the person who made the charges for reimbursement.

What the personal representative (PR) can do

1. Freeze or inventory accounts: Once appointed, the PR should identify and secure estate assets.
2. Demand repayment: The PR can send a written demand to the heir who withdrew funds.
3. File probate claims or a civil lawsuit: If repayment fails, the PR can file an action in probate or civil court to recover the funds as property of the estate.
4. Offset against distributions: If the heir is also a beneficiary, the PR may deduct the wrongful withdrawal from that heir’s distribution.
5. Report criminal conduct: If the withdrawal appears to be theft, fraud, or embezzlement, the PR or the estate’s attorney can report the matter to law enforcement; prosecutors may pursue criminal charges.

Timing and practical limits

Idaho has statute(s) of limitations that limit how long the estate or creditors can sue. Prompt action is important. The longer the estate waits, the harder recovery may be. Also consider whether the estate’s assets and creditor claims require distribution; sometimes small-claims or simplified probate procedures handle recovery faster.

Evidence useful for recovery

To recover withdrawn funds, the PR should collect:

• Bank statements showing the withdrawal(s)
• Credit card statements and receipts
• Death certificate and proof of appointment of the personal representative (letters testamentary or letters of administration)
• Communications showing authorization or lack of it
• Records of account ownership (account agreements, beneficiary designations, joint account signatures)

Possible defenses an heir may raise

• The funds were legitimately gifted before death.
• The account was a joint account with survivorship rights, giving the surviving co-owner entitlement.
• The heir was an authorized signer or agent with a power of attorney that continued validly until death (note: powers of attorney generally end at the principal’s death).
• The withdrawal paid the decedent’s last expenses or funeral on behalf of the estate (context matters).

Criminal exposure

If the heir knowingly took money belonging to the estate, prosecutors could pursue theft or embezzlement charges. Criminal cases require proof beyond a reasonable doubt and are handled separately from the estate’s civil claim for recovery.

Practical steps you should take right away

• Do not allow further withdrawals. Tell the bank you discovered the account owner died and ask the bank to freeze the account immediately.
• Obtain multiple certified copies of the death certificate.
• Find the decedent’s will and open probate promptly if required.
• Document the withdrawals: get copies of statements and any ATM or teller records.
• Consult a probate attorney to discuss filing a demand or lawsuit and to determine whether criminal reporting is appropriate.

How banks usually respond

Banks often freeze accounts when they learn of a death. Many banks will require the personal representative to present letters testamentary or other court documents before releasing funds. If a bank paid an heir who lacked entitlement, the bank sometimes becomes a target of claims too, especially if the bank paid out after being properly notified of the death.

Where to look in Idaho law

Key matters in Idaho are governed by Title 15 (probate and estates). For a starting point, review Idaho Code, Title 15: https://legislature.idaho.gov/statutesrules/idstat/title15/. For procedures and forms, the Idaho courts and county probate clerks provide local practice guidance and required filings. If you need the exact statute for a specific claim (conversion, fiduciary duties, creditor claims, or small-estate procedures), a probate attorney can point you to the precise code sections and case law that apply to your situation.