calculation
May 19, 2011 | 30,00 EUR | answered by Jan Wilking
Dear Sir or Madam,
Through my probate inventory, I am obligated as a compulsory heir (my mother passed away in September 2010) to give my entitled compulsory portion to my ISV administrator.
After inspecting the land register (sale of 3 residential properties and the remaining residential property of my parents), the estate of my mother amounts to approximately 130,000 euros.
For over 6 months now (and also with the assistance of my lawyer), I have been waiting for a correct inventory of the estate. My father refuses to provide this with all means available to him and contradictory statements, claiming that there is no estate.
Every correspondence from the other party containing false and fabricated statements has been thoroughly refuted and exposed by me.
However, there is a trust account held by his lawyer. I have recently discovered that this account is in the name of one of my sisters (even though my father is the sole heir) and that this account DEFINITELY and 100% belongs to the estate of my mother. This account is intentionally concealed and withheld, as examination and inspection of it would reveal the true estate and provide evidence of deliberate false statements, welfare fraud, embezzlement, and much more.
What rights do I have as a compulsory heir to access this account in order to finally determine the approximate estate and, most importantly, prove that this account undoubtedly belongs to the estate?
According to my lawyer, I have no legal means to do so, and therefore, the account is not relevant or existing for the estate in my case????
Am I really legally bound by such restrictions that prevent me from having even the slightest chance to obtain proof, evidence, and must I do so through the account held in secret by my sister?
After over 6 months now, I would like to bring this matter to a close. I have reached a standstill with my lawyer and am therefore turning to you with my last hope.
I sincerely thank you in advance for your efforts.
Dear inquirer,
I am happy to answer your inquiry taking into account the facts you have provided and your contribution as follows:
The prerequisite for calculating the compulsory portion claim is that the entitled person knows the extent and value of the estate. The legislator has also recognized this and granted the entitled person a right to information, § 2314 BGB. This results in a corresponding obligation of the heir to provide information. Upon request, the heirs must provide a list of the estate assets and liabilities to the entitled person. This includes gifts made by the deceased in the last ten years and all gifts to the spouse. The same applies to donations that are subject to offset and adjustment obligations made to other entitled persons.
The law does not generally provide for a right to inspect bank statements or other documents. Only when the value of individual estate assets is uncertain has the case law recognized a right of the entitled person to request the submission of necessary documents to assess the value of these estate assets for the calculation of their compulsory portion (BGH 33, 373, NJW 75, 259). However, you can demand from the heir an affidavit confirming that all relevant accounts for determining the estate have been included in the inventory, § 260 paragraph 2 BGB.
If the heir refuses to create a proper inventory and fulfill their obligation to provide information, it is possible to sue them for information. This lawsuit can also be combined as a progressive action with a claim for payment based on the compulsory portion claim to be determined through the information provided. You should discuss this with your lawyer so that they can take the necessary steps.
I hope this has provided you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.
Please note that I cannot provide a conclusive advice here within the scope of an initial consultation without knowledge of all circumstances. If you wish for a conclusive assessment of the situation, I recommend contacting a lawyer and discussing the situation with them after reviewing all documents.
Best regards
