The management of asset matters immediately following the loss of a family member often leads to doubts and, unfortunately, disputes. One of the most frequent situations encountered concerns the use of the de cuius's payment cards in the days, or even hours, following their death. Many heirs, sometimes in good faith to cover funeral expenses, other times with less noble intentions, use the PIN code to withdraw cash. As an expert lawyer in succession law in Milan, Avv. Marco Bianucci often finds himself clarifying the serious legal implications of such actions, which can lead to criminal proceedings for embezzlement.

The Regulatory Framework: Why Withdrawing is Illegal

From a legal standpoint, the death of the account holder results in the immediate termination of any mandate or delegation previously granted. In simple terms, even if you were authorized to operate on the account or knew the ATM PIN, this authorization ceases at the moment of death. The deposited sums become part of the so-called community of heirs and belong pro-quota to all legitimate heirs.

Making withdrawals or transfers using the deceased's credentials constitutes a violation of succession rules and, in the most serious cases, amounts to the crime of embezzlement (Article 646 of the Italian Penal Code) or theft, depending on the circumstances. Italian jurisprudence is firm in holding that such conduct infringes upon the rights of other co-heirs, altering the composition of the inheritance. Furthermore, once the bank is notified of the death, it has an obligation to block the accounts until the submission of the inheritance declaration, precisely to protect the integrity of the assets.

The Bianucci Law Firm's Approach to Recovering Funds

When an heir suspects that illegitimate withdrawals have been made, it is crucial to act promptly and precisely. The approach of Avv. Marco Bianucci, a lawyer expert in succession and criminal law in Milan, begins with a rigorous analysis of banking documentation. Through the examination of account statements and transaction logs, it is possible to accurately trace operations carried out post mortem or during suspicious periods.

The strategy of the Bianucci Law Firm aims, first and foremost, at an amicable resolution of the dispute. The objective is to obtain the restitution of the sums misappropriated from the inheritance mass without necessarily initiating a lengthy criminal trial, leveraging the legal consequences that the person making the withdrawal risks facing. However, if there is no cooperation, the firm is prepared to act in civil and criminal proceedings to protect the rights of the aggrieved co-heirs, ensuring that every euro misappropriated is reintegrated into the inheritance and correctly divided. The deep knowledge of banking and succession dynamics allows Avv. Bianucci to build a solid and documented defense.

Frequently Asked Questions

Can I use the deceased's ATM card to pay for the funeral?

Technically, no. Even if the intention is noble, using the deceased's credentials after death is illegitimate. The correct procedure is for funeral expenses to be advanced by the heirs and then reimbursed by the inheritance, or for the bank to be asked to release a portion of the funds specifically for funeral services, presenting the relevant invoice.

What are the risks if I withdrew money from a deceased parent's account?

If the withdrawal was made without the consent of all other heirs, you risk a complaint for embezzlement. On the civil level, you are obligated to immediately return the entire sum to the inheritance mass, plus any interest and legal costs.

How do I know if someone withdrew money after the death?

Heirs have the right to request the historical account statement and transaction list from the bank, including those relating to the period before the death. As an expert lawyer in successions, Avv. Marco Bianucci assists clients in obtaining these documents, which are often fundamental for reconstructing the deceased's actual assets.

Is the bank responsible if it allowed the withdrawal?

Generally, if the withdrawal occurs at an automated teller machine (ATM) using the correct PIN before the bank has been notified of the death, the credit institution is not held responsible. The responsibility falls entirely on the person who physically carried out the improper transaction.

Request a Legal Consultation in Milan

If you suspect that the inheritance has been affected by improper withdrawals or you need to defend yourself against claims related to the management of a deceased family member's account, it is essential to rely on a competent professional. Avv. Marco Bianucci, a lawyer expert in succession law, receives clients at his office in Milan at Via Alberto da Giussano, 26, to analyze your case with the utmost confidentiality and professionalism.