Can I Take Money From My Deceased Loved One’s Bank Account?
It happens more often than you might think: a loved one passes away, and within days, family members are faced with the urgent question—what do we do about the bills? Funeral expenses, rent, utilities, and other obligations don’t pause for grief. In the scramble to handle affairs, many people wonder if they can simply transfer money from the deceased’s bank account to pay those pressing costs. But before anyone takes action, it’s important to understand the legal implications of accessing a deceased person’s bank account.
The Problem With Unnamed Bank Accounts
One of the most common calls I receive in my law office comes from grieving relatives who have just discovered that their loved one’s bank accounts are in their name alone. No joint owner. No named beneficiary. Just a deceased individual and a growing pile of bills. Naturally, family members want to act. They ask, “Can I just move the money to my account to take care of things?”
Unfortunately, unless you were listed as a joint owner on the account or are a legally appointed representative of the estate, it is not lawful to transfer money from the account. Doing so could be considered misappropriation or even theft, regardless of your intent.
What If It’s Too Late?
Another question I get—and sometimes whispered with worry—is, “What if I already did?” The reality is that this can be a legally risky situation. Depending on the amount of money taken and the circumstances, someone could face civil or even criminal consequences. The act could be classified as a misdemeanor or felony, depending on state law and whether someone chooses to press charges.
More importantly, that money may not have belonged to you—not yet, anyway. It may have been earmarked for someone else through the probate process, intended for a creditor, or legally designated as someone’s inheritance. That’s why we urge clients and families to never assume it’s okay to access a deceased person’s accounts without going through proper legal channels.
How to Handle Immediate Expenses the Right Way
If you are covering costs like funeral expenses, property maintenance, or other necessary bills, you can pay those out-of-pocket and then seek reimbursement through the probate process. Probate allows the court to validate a will (if there is one), appoint a personal representative, and distribute the estate according to state law. During that process, you can submit documentation for legitimate expenses you’ve covered and request to be paid back from the estate’s assets.
This approach ensures you’re on solid legal ground, and it avoids disputes among family members or creditors down the line.
Why Planning Ahead Matters
The stress of navigating a loved one’s finances after death can often be avoided with proper planning. Adding a trusted person as a joint owner, or designating a payable-on-death (POD) beneficiary on financial accounts, can ensure a smoother transition of funds. Additionally, having a well-prepared estate plan—complete with a will, durable powers of attorney, and possibly a trust—can prevent many of these urgent, difficult situations altogether.
If your loved one has resources and you’re unsure how to handle them after their passing, the best course of action is to consult with an attorney. And if you haven’t made your own plans yet, now is the right time to take that step. An ounce of prevention can save a family immeasurable stress, time, and legal trouble.
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