We do not believe that a check written by the authorized signer after the trustee’s death would be properly payable. You may also want to check your account agreements to see if this situation is covered.

The authorized signer’s authority to sign on behalf of the account holder is governed by agency law. Under Illinois law, an agency relationship, like that between an accountholder and an authorized signer, terminates when the principal (the accountholder) dies (unless the agency relationship was irrevocable). Ferguson v. Bill Berger Associates, Inc., 704 N.E.2d 830, 840 (1st Dist. 1998); Washington v. Caseyville Healthcare Ass’n, 284 Ill. App.3d 97, 101 (5th Dist. 1996). If the signer of a check is not an authorized signer, the check is not properly payable. 810 ILCS 5/4-401(a).