Bankruptcy/Inheritance
July 6, 2010 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
I inherited a condominium from my parents. However, I still have 1 year left in an insolvency procedure (then the 6 years will be completed). This was caused by the bankruptcy of my husband's company, as I had co-signed for the bank matters (so no personal debts). I have already paid off a lot, as I earned very well as a secretary at VW. Even now, in retirement, I still pay €237 per month to the insolvency administrator. My question is, am I allowed to renounce the inheritance in favor of my daughter or granddaughter, as otherwise I would have to give up half of it. I have to do this within six weeks. My insolvency administrator said that would be insolvency fraud (I don't fully trust him on this). What options do I have? Thank you. Kind regards.
Dear inquirer,
Thank you for your inquiry.
I would like to address your questions as follows:
I can assure you. Both according to the law and jurisprudence, you are entitled to renounce an inheritance even in the case of an ongoing insolvency. This is already evident from § 83 para. 1 sentence 1 InsO.
Furthermore, I have attached corresponding links for further information on this topic with references to case law:
http://www.kostenlose-urteile.de/Sozialhilfeempfaenger-darf-Erbschaft-ausschlagen.news3071.htm
http://www.rechtsanwalt-bultmann.de/index.php/Vor+Gericht/Sozialhilfeempf%E4nger+darf+Erbe+ausschlagen?MttgSession=f29edce831cdfb42a0c687b787fbd6b7
The renunciation itself must be made within six weeks from the knowledge of the inheritance to the competent probate court. You should also consider that despite renouncing the inheritance, the compulsory portion claim still exists, which could be seized, so you should also consider renouncing the compulsory portion claim additionally.
I hope I have answered your questions to your satisfaction and wish you a pleasant Tuesday afternoon!
If you have any further questions, please feel free to ask.
Kind regards from the North Sea coast
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/57774
