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Reclaim delayed portions of the deceased's invoice

January 10, 2022 | 45,00 EUR | answered by Bernhard Müller

Hello,

I have been caring for my mentally ill brother for years, for which he granted me a comprehensive notarial general power of attorney and advance care directive, including a waiver of the prohibition of self-contracting according to §181 BGB. Unfortunately, he passed away recently.

We lived together in a shared house for years, and I deferred his share of the utility bills. I documented this as his general agent in writing. Can I now reclaim these deferred amounts as debts of the deceased?

Since I initially covered the costs for my brother, he was able to save money in his account because he had minimal expenses. I now have to pay taxes on this money as the sole heir - and would therefore like to reclaim the costs that I covered.

Thank you

Kind regards,

Bernhard Müller

Dear inquirer,

in theory, this is possible according to § 1967 BGB. However, you would need to prove that you have granted your brother a deferral of his share of the costs. The fact that you have written down that this is the case is a very weak proof in case of dispute. It would be better if your brother had signed each time, confirming that a certain amount was deferred for him.

It is also important to note that any claims that were due in 2018 or earlier are now time-barred. Therefore, even if your brother were still alive, you could only demand the share of costs that were due in 2019, 2020, 2021, or 2022.

Kind regards