Short answer
Yes — in Illinois you can take steps to stop or challenge a family member’s withdrawals from a decedent’s bank account before a formal administrator is appointed, but your options depend on who legally owns the account (sole owner, joint owner, or payable-on-death), the size and nature of the withdrawals, and how quickly you act. The usual remedies include asking the bank to freeze the account, filing an emergency probate petition to appoint a temporary or special administrator to protect estate assets, or pursuing a civil claim (conversion/accounting). Probate law governs these issues and courts focus on preserving estate assets for creditors and beneficiaries. This article explains what to check, what to do now, and how Illinois law treats these situations.
Detailed answer — how this works in Illinois
1. First, identify the legal status of the account
Your options depend entirely on how the account was titled:
- Sole account in the decedent’s name: The funds are part of the decedent’s probate estate. No one has a unilateral right to spend funds for personal benefit. Illinois probate law governs control of these assets until a personal representative is appointed. See the Illinois Probate Act (Probate Act of 1975) for how administration begins: 755 ILCS 5/ (Probate Act of 1975).
- Joint account with right of survivorship: The surviving joint owner generally becomes sole owner immediately on death. Banks often treat the joint owner as entitled to the funds. If the sibling is a surviving joint owner, it may be lawful for them to use the funds.
- Payable-on-Death (POD) or Transfer-on-Death designation: Funds pass to named payee(s) on death and are not part of probate. The POD payee can collect the funds according to the account terms.
- Authorized signer or power of attorney: A POA ends at the principal’s death; the attorney-in-fact cannot lawfully continue to act after the principal dies. An authorized signer who is not an owner may still be prohibited from spending funds for personal use after death.
2. If the account is a sole account, the sibling’s use can be challenged
If the account was solely in the parent’s name (not joint, POD, or governed by survivorship), withdrawals after death usually become estate property. Actions you can take include:
- Ask the bank to freeze the account or place a hold while the parties sort out the status. Banks often will require a certified death certificate and may require probate court guidance to refuse access to someone presenting checks or withdrawals.
- File an emergency petition in the probate court to appoint a personal representative or a temporary/special administrator to preserve estate assets. Probate courts can issue orders to prevent dissipation of assets pending full administration. See the Probate Act: 755 ILCS 5/.
- Pursue a civil claim against the sibling (for conversion, unjust enrichment, or an accounting) if they used estate funds for their own benefit without authorization.
- If the withdrawals are criminal (e.g., purposeful theft), you may consider contacting law enforcement — but criminal prosecutions follow different standards and are not a substitute for probate claims to recover estate assets.
3. Timing, urgency, and emergency relief
Speed matters. If someone is withdrawing large sums or threatening to exhaust funds needed to pay funeral expenses, taxes, or secured debts (like the mortgage), you should act quickly. The probate court can take emergency steps — for example, appointing a temporary or special administrator to preserve assets while the court resolves contested issues. These emergency or ex parte petitions are fact-specific and must show immediate risk of loss to the estate.
4. Practical steps you can take right now
- Obtain a certified copy of the death certificate.
- Collect documentation: recent bank statements, online screenshots of withdrawals, mortgage loan statements (showing balance and payment status), the decedent’s will (if any), and any account paperwork showing account titling or POD designations.
- Talk to the bank. Explain the situation, provide the death certificate, and ask whether the account is titled as sole, joint, or POD. Request the bank freeze or flag the account while you consult counsel or file a probate petition if you reasonably suspect misuse. Ask what information their compliance department requires to release or restrict access.
- If the bank refuses to act and you see continuing improper withdrawals, contact a probate or civil attorney. They can prepare an emergency petition to the probate court seeking temporary appointment and an order preventing further withdrawals.
- Consider sending a written demand to the sibling (via certified mail) to stop withdrawals and to preserve records. That can strengthen a later civil claim and can support an emergency petition.
5. What the probate court will consider
The court weighs whether funds are estate property and whether immediate action is needed to prevent irreparable harm. If a temporary administrator is appointed, that person can obtain control of the account and make only appropriate payments (mortgage, funeral expenses, taxes, authorized bills) while preserving assets for creditors and heirs. The Probate Act establishes the court’s authority to appoint fiduciaries and supervise estate administration: 755 ILCS 5/.
6. Possible outcomes
- The bank confirms the sibling had lawful access (joint owner or POD): the sibling may retain funds unless a different legal issue exists.
- The court appoints a temporary or permanent personal representative who secures the account and may require the sibling to return improper withdrawals, provide an accounting, or be surcharged for wrongful use.
- You obtain a civil judgment for conversion or unjust enrichment, requiring return of funds to the estate, plus possible costs and interest.
- If withdrawals were criminal, law enforcement may investigate. Criminal remedies and civil probate remedies can run in parallel.
7. Evidence and records that help your case
Gather these as soon as possible:
- Exact dates and amounts of withdrawals or transfers.
- Bank statements and transaction descriptions.
- Mortgage statements showing payments and current balance.
- Communications with the sibling or the bank (emails, texts, letters).
- Any documents showing account titling (signature cards, deposit agreements), POD forms, or joint-owner agreements.
8. When to involve an attorney
If the bank will not act, or the sibling refuses to stop, or if large sums are at risk, consult a probate attorney promptly. An attorney can file emergency motions in probate court, request asset preservation orders, and pursue civil recovery if needed. If you are unsure whether the account is joint or POD, an attorney can help obtain records and interpret bank documentation.
Helpful Hints
- Do not wait: quick documentation preserves proof and strengthens a request for emergency relief.
- Confirm account titling with the bank — many disputes arise simply from misunderstanding whether the account was joint or had POD language.
- Keep copies of everything you send or receive. Certified mail receipts, screenshots, and bank communications matter in court.
- If the sibling used funds to pay mortgage payments, record whether those payments benefited the estate or the sibling personally (e.g., did they live in the home?). Payments that protect estate assets (like preventing mortgage default) may be viewed differently than withdrawals for personal expenses unrelated to estate preservation.
- Consider mediation if family relationships permit — courts often favor less adversarial resolution when estate assets are preserved and the facts are clear.
- Use official resources: Illinois Courts provide basic probate guidance at the Illinois Courts website: https://www.illinoiscourts.gov/topics/probate/.
Where to find Illinois statutes and more information
Primary statutory guidance for estate administration is the Illinois Probate Act (Probate Act of 1975): https://www.ilga.gov/legislation/ilcs/ilcs.asp?ActID=2106. For local filing procedures and forms, contact the probate division of the county circuit court where the decedent lived.
Disclaimer
This information is educational only and does not constitute legal advice. It summarizes general Illinois law and common procedures but cannot address every factual variation. For advice about a specific situation, consult a licensed Illinois probate attorney promptly.