Withdrawing Deceased Mother's Bank Funds Led to Criminal Charges? Lawyer Explains Two Key Inheritance Concepts

Is there a legal risk in immediately withdrawing a deceased elder's bank deposits? Liu Wei-Ting, principal attorney at Liqin International Law Firm, explains on Facebook that before inheritance is divided, assets are 'co-owned' by all legal heirs. Therefore, any heir who unilaterally withdraws funds risks being sued by other heirs—and in many cases, criminal convictions can follow.

Liu Wei-Ting cites a news case: 'On the day the mother passed away, the son rushed to the bank to withdraw money and ended up with a criminal sentence.' In a real incident, a man in Taipei, upon learning of his mother's death while still en route, called his son and instructed him to use the grandmother's bankbook and seal to withdraw money from the bank.

The son withdrew 1 million each from Land Bank and Cooperative Bank over the counter, and another 60,000 via ATM—totaling 2.06 million within two hours—and handed all cash to his father upon arrival.

Liu explains why this action became problematic. At first glance, using the funds for funeral or caregiving expenses may seem reasonable. However, court investigations revealed that only a small portion of the 2.06 million was actually used for funeral expenses. The remaining 1.9 million was intended by the son to reclaim caregiving and columbarium fees he had previously paid on behalf of his mother.

The son believed, 'Since I paid it, I should get it back first,' but legally, this is not permissible. Liu cites the judge's ruling: both father and son were adults who clearly knew that a funeral would not cost 2.06 million, yet they rushed to withdraw the funds—revealing a 'first-come, first-served' mentality. Ultimately, both were convicted of forgery-related offenses, with the father receiving a 10-month sentence and the son 6 months, both eligible for fine substitution. The case remains appealable.

Liu emphasizes two critical lessons from this case:

First, 'After a person passes away, until the estate is divided, all heirs hold the assets in co-ownership.' This means that even the eldest son or the one who contributed most to caregiving cannot unilaterally dispose of the assets.

Second, 'Even if the deceased said, ‘Handle my affairs as you see fit,’ this authorization only applies to urgent matters like funeral arrangements, cremation, or burial—not to withdrawing millions from a bank account.'

This case illustrates how immediate actions after a parent's death can unexpectedly escalate into criminal matters, underscoring the importance of understanding inheritance laws correctly.