What legal options do I have if I am dissatisfied with my inheritance?
October 2, 2023 | 50,00 EUR | answered by Mia Widmann
Dear lawyer,
My name is Franceska Hahn and I have a question regarding my inheritance. Some time ago, my father passed away and left a will in which I was appointed as the sole heir. However, I have now learned that my brother received a large part of the estate during our father's lifetime, which was kept hidden from me until now. I feel unfairly treated and wonder what legal options I have to challenge or review my inheritance.
My father and my brother had a very close relationship, and my brother has received financial support from my father in recent years. I was not aware of this and feel disadvantaged. Additionally, I feel that my brother deliberately misled me and diminished my inheritance as a result.
I have already tried to talk to my brother about the situation, but he is uncooperative and refuses to provide me with information about the inheritance. I feel helpless and would like to know what legal steps I can take to uphold my rights as the sole heir and secure my inheritance fairly.
Can you please provide me with information on what legal actions I can take in such a situation to enforce my inheritance rights and protect my share of the inheritance? I am grateful for any help and advice.
Sincerely,
Franceska Hahn
Dear Mrs. Hahn,
Thank you for your question regarding your inheritance and the possible legal steps you can take to enforce your inheritance rights and secure your share of the estate.
In your case, it is understandable that you feel disadvantaged and are considering how to proceed to gain clarity about the inheritance situation. Firstly, it is important to know that you were named as the sole heir in your father's will. This means that you generally have a claim to the legally prescribed share of the inheritance.
However, you mentioned that your brother already received a large portion of the estate during your father's lifetime, which was kept from you. In such cases, it may be advisable to take legal action to review the inheritance situation and assert possible claims.
You could consider consulting an estate attorney to assess the situation and discuss your legal options. The attorney can help you determine the estate assets and investigate if any assets were hidden or unjustly transferred to your brother.
In your case, it may also be wise to have a forced heirship calculation done to see if you are entitled to a forced share, even if you were named as the sole heir in the will. Forced heirship is generally granted to close relatives and can be claimed if you were disadvantaged by gifts made during the deceased's lifetime.
Furthermore, it might be advisable to file a lawsuit for disclosure and accountability against your brother to gain clarity about the inheritance situation and ensure that your rightful share of the inheritance is not withheld. Your brother is obligated to provide you with information about the estate and grant you access to relevant documents.
In any case, it is important that you act promptly and seek professional legal support to enforce your inheritance rights and secure your claim to the estate. An experienced estate attorney can assist you in asserting your rights and stand by your side in this difficult situation.
I hope this information is helpful to you and I am available for any further questions.
Best regards,
Mia Widmann, Attorney specializing in estate law
