Detailed Answer
Short answer: If someone withdraws money from a decedent’s bank account or charges a decedent’s credit cards after the person dies, those transactions may be reversible. The decedent’s personal representative (executor or administrator) can demand return of funds, pursue civil claims for conversion, unjust enrichment, or breach of fiduciary duty, and in some cases criminal charges (theft) may apply under Kansas law. Whether recovery is possible depends on the legal ownership of the account, any beneficiary or survivorship designations, timing, and evidence.
Key legal principles under Kansas law
- Account ownership and designations matter. If an account was in the decedent’s name alone, the money belongs to the decedent’s estate and the personal representative must collect it. If the account was a properly titled joint account with right of survivorship or had a payable-on-death (POD) beneficiary, the surviving owner or beneficiary may own the funds outright. Banks often follow their account agreements when they decide who gets paid after death.
- Role of the personal representative. Under Kansas probate law the personal representative is the person authorized to marshal and recover estate assets. If a third party withdrew estate funds after death, the personal representative can file probate proceedings (or a civil lawsuit) to recover those assets for the estate. See Kansas probate law (K.S.A. Chapter 59) for the statutory framework for administration and the duties of a personal representative: https://www.ksrevisor.org/statutes/chapters/ch59.html
- Civil remedies. Kansas courts allow civil claims such as conversion (wrongful taking or withholding of property), unjust enrichment, and breach of fiduciary duty. If an heir took funds that belong to the estate, the estate (through its personal representative) may sue to recover the money and any losses caused by the taking.
- Possible criminal liability. Taking money that does not belong to you can also be a crime. Kansas criminal statutes addressing theft and related offenses may apply where a person knowingly took estate property after death: https://www.ksrevisor.org/statutes/chapters/ch21.html
- Bank obligations and evidence. Banks frequently freeze accounts when presented with a death certificate or when someone requests probate. However, banks sometimes release funds if they are satisfied with signatures or joint ownership documents. Bank records and transaction histories are key evidence when challenging wrongful withdrawals.
Typical factual scenarios and likely outcomes
Below are common patterns and how Kansas law usually treats them:
- Account titled only in decedent’s name, heir withdraws after death.
The money belongs to the estate. The personal representative can demand return, recover funds in probate court or via a civil suit for conversion/unjust enrichment, and may seek pre-judgment relief if necessary. The heir may be required to repay the estate and may face additional claims or fees.
- Joint account with right of survivorship.
Surviving joint owners generally take the funds by operation of survivorship. If the surviving owner withdraws funds that are legitimately theirs under the account’s title, the estate typically cannot recover those funds. But if the so-called joint account was created fraudulently to divert assets shortly before death, the estate may challenge the transfer.
- Payable-on-death (POD) or beneficiary designation.
Funds paid to a named POD beneficiary or designated beneficiary pass outside probate to that beneficiary. The estate cannot usually recover those funds, unless the designation was procured by fraud or revoked incorrectly.
- Credit-card charges after death.
Charges made on a decedent’s credit card after death are generally not lawful. The card issuer may seek repayment from the estate for authorized debt; conversely, the estate can dispute unauthorized charges and may pursue the person who made them for reimbursement.
What the personal representative (or an interested heir) should do right away
- Obtain a certified copy of the death certificate and deliver it to the bank and credit card companies to prompt any account freezes or review.
- Gather and preserve records: bank statements, transaction histories, account agreements, credit-card statements, and any communications about the accounts.
- Identify whether accounts were individually titled, joint, or had POD/beneficiaries. Check account signatures and title documents.
- Contact the bank and demand an accounting and reversal of any unauthorized withdrawals. Put demands in writing and keep copies.
- If a wrongful withdrawal occurred, the personal representative can send a formal demand letter and, if the response is insufficient, file a turnover action or a civil suit to recover the money for the estate.
- Consider filing a police report if theft or fraud appears likely. Criminal investigations and civil claims can proceed in parallel.
- Act quickly. Time limits and the practical disappearance of evidence or funds can limit recovery options.
How a Kansas court can order recovery
When the estate files probate or a separate civil action, a Kansas court can:
- Order the return of funds to the estate (turnover).
- Award the estate damages for conversion or unjust enrichment.
- Impose interest, attorney fees, or other equitable remedies depending on the facts and the court’s discretion.
- Enjoin further dissipation of assets if the estate shows an imminent risk that assets will be hidden or spent.
When recovery may be difficult or impossible
- If the account was lawfully owned by the person who withdrew funds (for example, a true surviving joint owner or named POD beneficiary), the estate will likely not recover those funds.
- If the funds have been spent and the person cannot repay and has no recoverable assets, recovery may be practically limited even if the estate wins a judgment.
- Delay in acting, loss of records, or statutes of limitations can hamper recovery options. Time is critical.
Helpful Hints
- Preserve everything: download statements, take screenshots, and keep written communications. These are often decisive pieces of evidence.
- Ask the bank for a full transaction history and the account agreement that shows the account’s ownership terms.
- Confirm whether the alleged taker signed any account documents adding themselves or changing beneficiaries shortly before death — those may be contestable as fraudulent transfers.
- Notify other heirs and interested parties in writing about the problem to create a clear record of your efforts to resolve the issue.
- If you are the personal representative, obtain legal authority (letters testamentary or administration) promptly. Many banks require those documents before they will release funds to the estate or permit the representative to act.
- Consider mediation for faster resolution if relations among heirs make litigation costly and slow.
- If criminal conduct appears likely, file a police report and provide the investigators with the account records and any evidence of intentional taking.
Useful Kansas law references
- Kansas Probate Code (authority and duties of personal representatives): K.S.A. Chapter 59 — https://www.ksrevisor.org/statutes/chapters/ch59.html
- Kansas criminal statutes (theft and related offenses): K.S.A. Chapter 21 — https://www.ksrevisor.org/statutes/chapters/ch21.html
Final practical note: Banks and creditors move quickly after a death. Acting fast to preserve records, obtain probate authority, and assert the estate’s rights gives the best chance of recovering improperly taken funds.
Disclaimer: I am not a lawyer. This article provides general information about Kansas law and is not legal advice. For advice about your situation, consult a licensed Kansas attorney who can review the full facts and advise you about deadlines and the best actions to take.