Orphan's pension/waiting period
April 10, 2011 | 25,00 EUR | answered by Tobias Rösemeier
Hello,
We have a very sad problem in the family. My sister became a widow last week. The death of my brother-in-law has deeply affected us all. And on top of all the grief, there are now financial problems (debts, 2 young children...).
Upon reviewing the documents, we noticed that my brother-in-law did not fulfill the waiting period of 5 years. He was missing exactly 1 month. In recent years, he was self-employed and raised the children. Now we are desperately trying to figure out what we can do. Is it possible to still have the child-raising times credited to him? Or can we apply for pension splitting? Or do you have any other suggestions for us?
It would be really important for at least the children to receive a half-orphan's pension.
If you are also knowledgeable in inheritance law, what would happen if my sister rejects the inheritance? After all, she would only inherit debts. However, the loan is in both of their names.
Dear inquirer,
first of all, let me offer my condolences.
I will answer your questions as follows:
A claim for widow's and half-orphan's pension only exists if the general waiting period of 5 years is fulfilled (§ 50 SGB VI). Therefore, it is important to have the child-raising periods recognized for the deceased as soon as possible. This is possible. You need to submit a clarification request (the heirs should do this). This should then fulfill the waiting period.
While pension splitting is also possible, it would not help in this case as only the entitlements would be balanced and no payments would be made.
Regarding inheritance law:
If the debts mainly consist of a loan that the wife co-signed, then rejecting the inheritance naturally does not help, as the wife would still be liable. If there are still other debts present, rejecting the inheritance could still be beneficial. However, it would also have to be rejected for the children. The deadline for rejection is 6 weeks and must be submitted to the probate court. If rejected, insolvency proceedings would be carried out ex officio. The estate, including personal belongings and co-ownership claims of the deceased (including household items), would need to be liquidated.
Alternatively, instead of rejecting the inheritance, insolvency proceedings could be initiated, in which it would be determined that the estate is insolvent. The so-called plea of insufficiency could then be raised against creditors, protecting one's own assets from their grasp.
Overall, it is advisable to consult a lawyer in person so that everything can be thoroughly examined, as only a preliminary legal orientation can be provided based on your information, and a final examination cannot be conducted.
I hope I was able to help you.
If you have any further questions, feel free to ask.
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