Amount in account far too low on day of death
December 7, 2013 | 30,00 EUR | answered by Jan Wilking
On the day of my mother's death, according to my siblings, her assets were approximately 30,000€. This amount is significantly lower than my rough estimate, as she was unable to spend at least 1,500€ of her total pension of 2,500€, even taking into account care costs, etc. This means a reserve of approximately 18,000€ per year, totaling around 180,000€ over 10 years.
How can I obtain verifiable information about the presumed donations that may have been made?
Dear inquirer,
I am happy to answer your inquiry taking into consideration your description of the situation and your commitment as follows:
First of all, I would like to offer my condolences on the death of your mother.
I assume that you and your siblings form a community of heirs. In this case, each co-heir is obligated to disclose to the other co-heirs any lifetime gifts received from the deceased. The corresponding right to information, which can be enforced judicially if necessary, is based on § 2057 of the German Civil Code (BGB). This right exists regardless of whether gifts have actually been made or there are indications of gifts, and includes the circumstances that allow for a valuation of the gifts made, the exact timing of the gifts, as well as all circumstances speaking for or against an obligation to equalize the gifts. If you are entitled to a compulsory share but not an heir, you have a right to information from the heirs under § 2314 BGB.
As a co-heir, you can also demand information from third parties (e.g. the deceased's tax advisor or banks with which the deceased had dealings) under § 2039 BGB.
Due to the significant discrepancy between the information provided by your siblings and the actual estate you suspect, it may be advisable to engage a local colleague specializing in inheritance law to enforce your claims.
I hope this initial guidance has been helpful to you. If you have any uncertainties, please use the free follow-up question function.
Please note that without knowledge of all circumstances, I cannot provide a conclusive advice within the scope of this initial consultation. If you wish for a definitive assessment of the situation, I recommend contacting a lawyer and discussing the matter with them after reviewing all relevant documents.
Best regards
