Short answer (what you need to know first)

If the decedent’s bank account was in their sole name (no payable-on-death beneficiary and no surviving joint owner), the money generally belongs to the estate, not to any one family member. In Rhode Island, a person normally needs authority from the Probate Court—letters testamentary or letters of administration—before using estate funds for mortgage payments or other obligations. If your sibling is taking funds without court authority, you may have options to stop or challenge that use. If the account was joint or had a beneficiary designation, the sibling may have lawful access. Read on for how to tell the difference and what steps you can take.

How Rhode Island law treats a deceased person’s bank account

Rhode Island’s rules about who controls a decedent’s property and how an estate is administered are found in the state’s probate statutes (Title 33). The Probate Court ordinarily supervises the collection of assets, payment of debts, and distribution of property. For overview of the statutes, see Rhode Island General Laws, Title 33: https://webserver.rilegislature.gov/Statutes/TITLE33/. For practical probate guidance and local forms, see the Rhode Island Probate Court pages: https://www.courts.ri.gov/Courts/ProbateCourt/Pages/default.aspx.

Key ownership possibilities:

• Sole account (decedent only): Funds are part of the estate. A person normally needs court-issued letters (letters testamentary if a will exists, letters of administration if not) to handle those funds lawfully.
• Joint account with right of survivorship: The surviving joint owner typically becomes the account owner by operation of law and may use funds.
• Payable-on-death (POD) or Transfer-on-death (TOD) designation: The named beneficiary is entitled to the funds outside probate.

Which category applies determines whether your sibling’s access is lawful.

Can you stop unauthorized use while probate is pending?

Yes—there are several paths to challenge or stop a sibling’s use of funds, depending on the facts.

1) If the account was sole and the sibling has no legal authority

If the sibling is withdrawing funds from a sole account before being appointed and without court permission, you can take immediate steps:

• Ask the bank to freeze the account or to require presentation of letters before allowing further withdrawals. Many banks will not release estate funds without letters testamentary or letters of administration.
• File a petition in Probate Court to be appointed administrator or to request an emergency or temporary administrator. The court can issue orders to preserve estate assets.
• File a petition asking the Probate Court for an accounting, for preservation of assets, and for an order enjoining further withdrawals. Probate courts can remove or surcharge fiduciaries who misapply estate funds.
• In some cases, seek emergency relief in Superior Court (temporary restraining order or injunction) if immediate irreparable harm is occurring.

2) If the account was joint or had a beneficiary

If the sibling is a surviving joint owner or the named POD beneficiary, the sibling generally has a legal right to the funds and probate remedies will be limited. However, if the joint account was improperly created (e.g., added shortly before death to shield assets) or if the sibling is using funds for personal benefit that should go to creditors or other lawful claimants, you may still have cause to challenge the transfers as fraudulent conveyances, undue influence, or conversion. These claims can be brought in Probate Court or civil court depending on the facts.

3) If your sibling is acting as an “executor” or self-appointed administrator without court-issued letters

Rhode Island courts expect personal representatives to obtain formal letters from Probate Court before acting. If someone claims to be an executor but lacks letters, their authority is questionable. You can file in Probate Court to require production of letters and demand inventory and accounting; you can also ask the court to enjoin further action pending proper appointment.

Practical steps to take now

1. Collect information: death certificate, bank statements, account title, mortgage statements, the decedent’s will (if any), and any communications showing who withdrew money and when.
2. Contact the bank: Ask whether the account is sole, joint, or POD; ask the bank to preserve records; request that the bank require letters before releasing more funds.
3. File in Probate Court: You (or another interested person) can file a petition to open probate, request appointment of a personal representative, and ask the court to protect estate assets. See the Rhode Island Probate Court website for forms and filing info: https://www.courts.ri.gov/Courts/ProbateCourt/Pages/default.aspx.
4. Ask for emergency relief: If funds are being dissipated (e.g., large withdrawals that threaten payment of estate debts or taxes), ask the Probate Court for a temporary order stopping withdrawals or appointing a temporary administrator.
5. Preserve evidence: Save withdrawal slips, bank notices, text/email messages about the withdrawals, mortgage payment records, and any proof of unauthorized use.
6. Consider civil remedies: If the sibling misappropriated funds, you may be able to sue for conversion, breach of fiduciary duty (if they are already a fiduciary), or seek a criminal referral for theft—consult counsel or the prosecutor for criminal options.
7. Get legal help: Probate matters hinge on facts (account title, beneficiary designations, timing, intent). A Rhode Island probate attorney can advise on filings to stop improper transfers and on whether to seek a temporary restraining order or appointment as administrator.

What the probate court can do in Rhode Island

The Probate Court can:

• Issue letters testamentary or letters of administration that authorize a personal representative to handle estate funds;
• Order an inventory of estate assets and require accountings;
• Appoint a temporary or special administrator when immediate action is needed to protect assets;
• Remove a personal representative or surcharge them if they wrongfully took estate property;
• Hear disputes about ownership (joint vs. sole vs. POD) and unlawful transfers; and
• Enter injunctive relief to preserve estate property while the court resolves who has authority.

For probate filing procedures and forms, consult the Rhode Island Probate Court: https://www.courts.ri.gov/Courts/ProbateCourt/Pages/default.aspx.

Common scenarios and likely outcomes

• Scenario A: The decedent had a sole account and your sibling withdrew mortgage money without letters. Outcome: You can petition probate to freeze assets, seek appointment, demand accounting, and possibly recover misused funds.
• Scenario B: The decedent added your sibling as a joint owner shortly before death. Outcome: The sibling likely has legal access; you may challenge the addition if you can prove fraud or undue influence, but courts scrutinize timing and intent.
• Scenario C: The account named a POD beneficiary (your sibling). Outcome: The sibling takes outside probate and the funds are theirs, though improper use of funds owed to creditors or titled property may still lead to disputes.

Helpful hints

• Don’t delay. Probate remedies are both procedural and time-sensitive. Quick action preserves evidence and your legal options.
• Ask the bank for transaction history and written confirmation of account ownership or beneficiary designation.
• Keep careful records of mortgage payments—if your sibling paid mortgage from their own funds and was later reimbursed from the estate, the court may treat those payments differently than unauthorized withdrawals.
• If you want to be administrator, file the probate petition yourself and ask the court for temporary control if necessary.
• Consider mediation for family disputes where control of estate funds is the issue; the Probate Court will also expect transparency and accountings.
• When contacting the bank or court, stay factual and provide copies (not originals) of documents like the death certificate and any will.