Ask a lawyer on the topic of Inheritance law

Costs out of court - in court

September 7, 2010 | 50,00 EUR | answered by Steffan Schwerin

Claims for compulsory shares in the amount of over 200,000 euros are being made against me. The claim is based on incorrect and incomplete numbers and is legally untenable. The same letter also requests additional information (expensive expert opinions), even though I have already provided full disclosure in a statement of assets - this disclosure clearly shows that there are no compulsory share claims by a large margin. The demand for payment and information was made through a private letter, with a 14-day deadline for me to pay, otherwise "I am forced to seek legal help at your expense".

What options do I have to avoid costs with an unreasonable demand that I will never recover?

What if I don't respond at all? (If a lawsuit is filed and the absurdity of the claim is determined, hopefully the other party will have to bear the legal costs).

Can the other party claim legal costs if I do not respond and a lawyer continues to take action against me out of court?

If I seek legal assistance out of court, it will be very expensive. And as far as I know, out-of-court costs cannot be recovered even if I win in a later proceeding.

Would it be better for me to file a declaratory action myself, which definitively clarifies this compulsory share claim?

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked, taking into account the circumstances described and your efforts, as follows:

1) What options do I have to avoid costs for an unreasonable claim that I will never get back?

You should not react initially or inform the other party that you will not pay because the claim is incorrect.

You should consider hiring a lawyer to calculate the compulsory portion claim.


2) What if I don't react at all? (If a lawsuit is filed and the absurdity of the claim is determined, hopefully the other party will have to bear the legal costs). Can the other party claim legal costs if I do not respond and a lawyer continues to act outside of court against me?

If the claim is legitimate, the other party can also claim legal costs.


3) If I seek legal help outside of court, it will be very expensive. And extrajudicial costs cannot be recovered, to my knowledge - even if I win in a later proceeding. Would it be better for me to file a declaratory action myself, which definitively clarifies this compulsory portion claim?

This will also cost you a lot - but it's better than being sued for €200,000.

Therefore, I can only advise you to hire a lawyer.


Finally, I must point out that this platform cannot replace a detailed and personal legal consultation. The aim is solely to provide an initial rough assessment of your legal problem based on the information you have provided by a lawyer. The legal advice I provide is based exclusively on the information you have provided. By adding or omitting relevant information in the context of your description of the situation, a completely different legal assessment may result.

I hope I have been able to give you an initial overview and that my explanations have been helpful. Feel free to contact me through the follow-up option on this platform.

Furthermore, I am also available for a mandate. I would credit the initial consultation fee you paid in full.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and telephone, handling a mandate is also possible.

Sincerely,

Steffan Schwerin
Lawyer

Law firm Steffan Schwerin
Brändströmstraße 10
07749 Jena

Tel.: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de
Website: www.jena-rechtsberatung.de