Detailed Answer — What Connecticut law allows you to do

Short answer: Maybe. Your options depend on how the bank account is titled, why your sibling is using the money, and what steps you take quickly. Connecticut probate courts control estate administration, but there are temporary remedies that can protect assets before a formal administrator is appointed.

Key facts that determine your rights

• Account title: If the account was a joint account with rights of survivorship or has a payable-on-death (POD) designation, funds may pass automatically to the joint owner or named beneficiary and are not estate property. If the account was solely in the deceased parent’s name, the funds are normally estate property.
• Purpose of the withdrawals: Payments that preserve estate value (for example, paying a mortgage to avoid foreclosure) may be viewed differently than payments for the sibling’s personal benefit.
• Whether your sibling has been appointed administrator or executor: An appointed fiduciary has statutory powers and duties. Someone acting without appointment who takes or uses estate funds can be liable for conversion or misconduct.

Practical steps you can take under Connecticut law

Take these steps promptly. Time is critical when estate bank accounts and liens are involved.

1. Identify account ownership and documentation. Ask the bank for account title information and recent transaction history. If you cannot obtain it directly, know that the probate process will require account inventories later.
2. Contact the sibling and request written accounting and a stop to withdrawals. A polite written demand (email or letter) creates a record you can use later.
3. Ask the bank to freeze the account or require joint signatures. Banks will sometimes refuse freezes unless presented with a probate order or if all named account owners request a hold. Still, a bank may provide transaction records or place a temporary hold if it suspects unauthorized access.
4. File a petition in probate court. You can petition the local probate court to open an estate file and to appoint an administrator or a temporary fiduciary. Probate courts handle estate assets and can issue orders to protect them. The Connecticut Judicial Branch explains probate court processes (https://www.jud.ct.gov/probate/).
5. Seek emergency or temporary relief. If the account is being drained or estate property is at risk, ask the probate court for temporary orders—such as a temporary administrator appointment or injunctive relief—to stop dissipation of assets until a formal appointment is made.
6. Consider civil claims if necessary. If someone took funds without authority, you may have a claim for conversion, unjust enrichment, or an accounting. In severe cases, criminal theft could apply; contact local law enforcement if you suspect criminal activity.
7. Hire a probate attorney. An attorney who handles Connecticut probate law can file petitions, request temporary orders, and represent your interests in court. The probate court can also advise how to begin the administration process.

How probate courts typically handle these disputes

Connecticut probate courts are the proper forum for most estate disputes. When you file a petition to open an estate or to appoint an administrator, the court will evaluate competing claims. If the court concludes the funds are estate assets and someone improperly used them, the court can order restitution, require an accounting, remove a fiduciary, or appoint a different administrator.

For general information about probate procedures and how to begin administration, see the Connecticut Judicial Branch Probate page: https://www.jud.ct.gov/probate/.

When the sibling may be permitted to use funds

A sibling who pays the mortgage using estate funds may be acting to preserve the estate’s value. Courts sometimes allow necessary expenditures that protect the property. However, the person using funds has an obligation to account for the payments and should seek court approval or be prepared to justify the withdrawals.

Timing and documentation

Document every interaction. Save bank statements, mortgage bills, written requests, and any receipts for payments. If you petition the probate court, the court will expect records and an explanation of why immediate relief is necessary.

Where to file and what to ask the court to do

• File in the probate district where the deceased lived.
• Request that the court: open the estate, appoint a temporary administrator if assets are at risk, order an accounting of withdrawals, prohibit further withdrawals until a fiduciary is appointed, and set a hearing on contested appointment.

Possible outcomes

• The court may appoint a temporary administrator and order the sibling to repay or account for funds used for non-estate benefit.
• The court may find the account was a joint account or POD and allow the surviving account owner or beneficiary to keep the funds.
• If the sibling used funds for the estate’s benefit, the court may approve or ratify the payments if supported by evidence.

For an entry point on Connecticut statutes and probate law resources, visit the Connecticut General Assembly and the Connecticut Judicial Branch: https://www.cga.ct.gov/ and https://www.jud.ct.gov/probate/.

Disclaimer: This article explains general Connecticut probate principles and is not legal advice. For advice tailored to your facts and representation in court, consult a Connecticut probate attorney.

Helpful Hints

• Act quickly. If money is being withdrawn, prompt action preserves options.
• Check how the account is titled before accusing anyone of wrongdoing.
• Ask the bank for transaction records in writing and save everything.
• Send a written demand to the sibling requesting an accounting and a stop to withdrawals.
• File in probate to open the estate and request temporary protection of assets if needed.
• Consider mediation if both siblings want to avoid a contested court fight and the estate is not being depleted.
• Keep a clear paper trail of mortgage payments, bank statements, and communications.
• Talk to a probate lawyer early — even a brief consult can clarify the fastest protective remedy in your situation.