The Illinois Second District Appellate Court recently addressed the question of whether a bank account was properly classified as a joint account with rights of survivorship. In re Estate of Frain, 2025 IL App (2d) 240780. In Frain the Court clarified that proof of the intention to create a joint tenancy account does not necessarily require that both account holders’ signatures appear on the signature card adding a second person to an individual account. In fact, this case demonstrates that in making that determination the length of time that the account was in joint status and the banking practices may carry as much or more weight in proving the intention to create joint ownership.
The case arose after Dorothy J. Frain’s death, when her brother and estate administrator, Michael Frain, sought turnover of funds from a bank account that listed both Dorothy and Antonio Villanueva, her long-term domestic partner, as account holders. The estate argued that because Dorothy had not signed the 2017 signature card adding Villanueva, and because the card listed the account as “INDIVIDUAL,” the account should be considered estate property, not a joint account with survivorship rights. But the trial court found otherwise.
At trial, the bank’s records and its practices supported Villanueva’s status as a joint owner. The bank’s representative testified that the “Signature on File” notation was an accepted practice when the original account holder’s signature was already on file, and that the “INDIVIDUAL” designation was likely a clerical error. The bank’s system reflected Villanueva as a joint owner, and he had been able to make withdrawals and deposits both before and after Dorothy’s death.
The appellate court affirmed the trial court’s decision, holding that the evidence—including the signature card, bank practices, and Villanueva’s exercise of authority over the account—supported the finding that a joint account with rights of survivorship had been created. The court emphasized that Illinois law allows for the creation of joint accounts with survivorship rights through a signed agreement, and that such an agreement can be established by evidence beyond just the signature card, including the parties’ conduct and the bank’s treatment of the account.
This case highlights that there can be more than one way to prove the intention to create a joint tenancy than one document bearing both account holders’ signatures as well as importance of the practical realities of banking relationships in determining ownership of joint accounts after a depositor’s death. If you or someone in your family have questions about the status of a joint account, or if there is a dispute about the ownership of a joint account that has arisen after one or both of the prior account holders have died, it may be important to contact an attorney to review your rights and options. The attorneys at Storm & Piscopo, P.C. provide comprehensive estate administration, probate services and aggressive litigation representation to clients across Illinois. With decades of combined experience in estate law, we’ve successfully guided families through complicated estate matters while protecting their interests.
Contact us today to arrange a consultation and learn more about your options.