Estate Management and Suspicious Withdrawals

The passing of a family member is a painful time, often complicated by the need to manage bureaucratic and financial matters. One of the most frequent and conflict-ridden situations heirs face concerns the discovery of unjustified money withdrawals from the deceased's bank accounts, made both shortly before and immediately after death. Often, these transactions are carried out by co-heirs, family members with power of attorney, or third parties who had access to the bank credentials. As an expert lawyer in succession law in Milan, Avv. Marco Bianucci deeply understands the sense of injustice and concern that arises from seeing the estate, which rightfully belongs to the legal heirs, depleted.

The Legal Framework: Joint Accounts and the Obligation to Return

According to Italian law and established jurisprudence, money deposited in a joint bank account is presumed, unless proven otherwise, to be owned by the co-owners in equal parts. However, upon the death of one co-owner, their share falls into the estate. If a co-heir or a third party makes withdrawals exceeding their own share or misappropriates sums belonging exclusively to the de cuius (the deceased), a debt towards the estate is created. It is crucial to know that withdrawals made without justification (such as documented medical or funeral expenses) must be returned to the estate to be then divided equally among all entitled parties. This principle applies to both transactions made post mortem and those made beforehand if they constitute indirect donations or misappropriation, subject to the institution of collation or the action for reduction due to infringement of the reserved portion (legittima).

The Bianucci Law Firm's Approach to Estate Reconstruction

The approach of Avv. Marco Bianucci, an expert lawyer in succession law in Milan, is based on meticulous and documentary analysis. We do not limit ourselves to verbally contesting the events but proceed with an analytical reconstruction of bank transactions. The Bianucci Law Firm operates by requesting bank statements and documentation from financial institutions for the past ten years to identify any suspicious transactions. The goal is to transform suspicion into concrete proof. Once the shortfall is quantified, the strategy involves an initial attempt at amicable resolution through assisted negotiation, a tool often effective in avoiding lengthy litigation. Should the other party not show willingness, the firm is prepared to initiate legal proceedings before the Court of Milan to obtain the return of the sums and the restoration of the correct inheritance shares, firmly protecting the client's interests.

Frequently Asked Questions

Can a joint account holder withdraw all the money after the death of the other owner?

No, it is not permitted. Even if the account allows for separate signatures, the co-holder is only entitled to their own share (presumably 50%). The remaining portion belongs to the estate and must remain available to the heirs. Withdrawing the entire balance exposes them to the risk of having to return the funds and, in some cases, to criminal consequences.

How can I check if there were undue withdrawals before death?

Heirs have the right to obtain historical bank statements and documentation for all transactions made in the last ten years from the bank. By analyzing these documents, it is possible to identify unjustified transfers, ATM withdrawals, or checks not related to the deceased's needs.

What happens if the withdrawals were made using the deceased's ATM card?

The use of the deceased's credentials or ATM card after their death is illegitimate. Banks block account operations as soon as they are notified of the death, but withdrawals often occur immediately. Whoever made the withdrawals is obliged to immediately return the sums to the estate.

Is it possible to recover the money if it has been spent?

Yes, the obligation to return is a debt of value that rests on the responsible party. If this party is a co-heir, the sum to be returned can be offset against their inheritance share. In case of insolvency, enforcement actions can be taken against their personal assets.

Protect Your Inheritance Rights: Request a Consultation

Inheritance disputes require technical expertise and sensitivity. If you suspect that your family member's estate has been affected by undue withdrawals, it is essential to act promptly to prevent the dissipation of funds. Contact Avv. Marco Bianucci for an in-depth evaluation of your case. The firm will analyze the situation to define the most effective path for recovering what is rightfully yours.