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  Home >> Special Situations >> Deceased Individuals  
Son Helps Himself to Father's Account

My brother died. The bank requires a Death Certificate in order to freeze his account. In the meantime, his son has been using a debit card to withdraw money from the account, although this is not a joint account. Is that legal?

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No, it's not legal. Even if your brother had allowed his son use his card from time to time during his lifetime, that authority ended with his death. To preserve the funds in the account for your brother's estate, you can contact the bank and point out that the card ought to be canceled pending the bank's receipt of the Death Certificate, since no one should be using that card.

Published on BankingQuestions.com 11/18/10