Can I claim my compulsory portion during my lifetime?
May 21, 2023 | 40,00 EUR | answered by Felix Richter
Dear Estate Attorney,
I am reaching out to you with a question regarding my compulsory portion claim. My name is Georg Hofmannsdorf and I am the son of a recently deceased mother. In the past, I had a difficult relationship with my mother and we had not seen or spoken to each other for a long time. Now, I have learned that she has passed away and left a will in which I was disinherited.
My concern is that I may only claim my compulsory portion after my mother's death, which would mean that I may have to wait a long time to receive my inheritance. Is there a way for me to assert my compulsory portion during my mother's lifetime? Or am I obligated to wait until after her death?
I want to ensure that my compulsory portion is not lost and I request your assistance in clarifying this matter. I am willing to take all necessary steps to secure my inheritance, even if that means taking legal action.
Thank you in advance for your help and advice.
Sincerely,
Georg Hofmannsdorf
Dear Mr. Hofmannsdorf,
Thank you for your inquiry regarding your compulsory portion claim. I am sorry to hear that you are in this difficult situation. I would like to explain the legal situation regarding your compulsory portion in more detail.
First and foremost, it is important to know that the compulsory portion claim is a legally anchored claim that you, as a descendant of your deceased mother, are entitled to, even if you were disinherited in the will. The compulsory portion claim amounts to half of the statutory inheritance share you would receive if your mother had not made a testamentary disposition.
As a compulsory portion beneficiary, you have the right to claim your compulsory portion after the death of your mother. This means that you are not obligated to claim your compulsory portion during your mother's lifetime. You can wait until after your mother's death to assert your claim.
However, there is also a way to secure your compulsory portion during your mother's lifetime. This can be done by initiating a compulsory portion proceeding. In this process, you can request a court to determine your compulsory portion claim and, if necessary, receive appropriate security for your claim.
It is important to note that initiating such a proceeding is not always easy and may involve legal obstacles. Therefore, it is advisable to consult an experienced estate lawyer to assess your options and chances of securing your compulsory portion.
I am available for a personal consultation to discuss your individual situation and assist you in securing your compulsory portion claim.
I hope this information is helpful to you and I am available for further questions.
Sincerely,
Felix Richter
Estate Lawyer
