Erfrecht Fragen over Fragen (Eng.)

[MyFam]

Hallo,

if i may here write in Eng.? Can also write in German if it accepted here?

So its going about my husband 64 Years old (dutch Family but we live in Germany since 27 years) and his Inhariance from his Father who died in March.2015. Everything went then to his Mother, a lot of Money. He have an older sister (now 75 years old) and a younger Brother (54 Y). The Brother took over everything with papers, Tax, ...etc he arranged everything for his mother.

Since 3 years she Alzheimer, he prevented everything to let her go to the right Old people home, i thnik (now i see it) that he used her very much all the time. But now in 2022 she just went by Court to such a home and she is safe, but she is not in a good condition. My husband went to visit her and to help to empty her old house, but everything was gone to the brother an sister´s houses, or sold. There was leftover they want my hausband to take anything he likes.......

After my husband came back to Germany he told me to take over this problem because his brother and sister are acting very arrogant and he thinks that we will need help to get Informations about the Inharitance.

So i called the brother today and asked him (for the first time since 2015 where the Inharitance happend) what happend with the Inharitance? Where is the Money now?
He blocked me, like nothing lift! I asked for all the papers in Copy of the Bank...etc, he refused!

The sister is still much worse than the brother, no chance! How can i solve this problem?
I have no cotacts who can help me in NL and i do not want to pay a fourten for lawyers and Notars. Is there any way or a place where i can turn to?

Thanks a lot for any answer

[mrFoce]

Since you indicate that you do not want to pay for a notary or lawyer, there is nowhere you can go .. Since you indicate it's a lot of money, why don't you contact a lawyer and have them figure out what's going on here? It's possible that your husband has to sue his brother for his share of the inheritance.

Technically you can't get any money until both parents have died, but the way you bring it sounds like the brother is spending all the money now. So you do need to lawyer up.

Also, according to https://www.rijksoverheid...-verdeling-van-de-erfenis you are able to get information about the inheritance (for free) by inquiring at a local court house. But I have no idea how that works if you're living in Germany. Give them a call

[ Voor 47% gewijzigd door mrFoce op 25-01-2022 04:30 ]

[Pistachenootje]

MyFam schreef op dinsdag 25 januari 2022 @ 04:20:
Is there any way or a place where i can turn to?

You can try here: https://www.juridischloket.nl/

[MyFam]

Thank you very much indeed for your answers @mrForce and Pistachenootje will check the Links soon.
Before i forget, you all can answer in Dutch (i understand everything but cannot write ).

Can anybody here please tell me, if it is still relevant:
The Father paied the sister about 60.000 € in the 80ies for her house as she got married and he give the brother in 1994 his house as agift he only paid partlley not even 40.000 Gulden for it and that´s in the Area of Amsterdam. My husband got nothnig, is that now a relvant story?
Also we sent the Father and mother every month a Box from Germany just to make them happy, we sent Clothes, Jewels, nice food and things for Healthcare, but every year when we go to visit them we do not see the things what we sent^^!!!! But never talked about it. They told us, that all worthy things we send, we shall get it back when they are not there anymore. So i asked also the brother today about the Jewels and expensive clothes we sent, the answer was: geen idee!!!

I realy thnik i want to contact the Police about that, will that bring anything?

Thanks and Love

[Verwijderd]

In principe gaat het erom wat voor huwelijk het was: huwelijkse voorwaarden/gemeenschap van goederen, en of er een testament was. In principe is het nu zo dat de langstlevende echtgenoot het huis houdt, maar de fiscus klopt wel aan bij de kinderen voor hun kindsdeel ((1/2 huis - 1/2 hypotheek)/kinderen+1 meen ik ...)
De zaken uit 1980 en 1994 .. geen idee of dat nog relevant is. Misschien verjaard ??
Maar je man is er wel bekaaid afgekomen.

Politie . .tsja .... doen die wat in zo'n geval. Ik zou eerst eens info inwinnen bij een notaris of het juridisch loket. Hier zitten wel veel haken en ogen aan.
Zorg wel dat je je eigen papieren op orde hebt: wat heb je aan je schoonvaders gestuurd: dozen met kleding/eten en juwelen (??) is te vaag: een notaris, of de politie, wil bonnetjes en beschrijvingen zien.

[MyFam]

Dank U Alex53 voot het Antwort!

The House was gone before the Father died, it was sold/given as a Gift to the sohn since 1994. The Father had only money in the Bank und was living in a rented house/Appartement, but he had a lot of worthful things, my husband got only his marrage ring from his mother in 2016 and the brother called us straight when we arreived to Germany to give it to HIM back, he was mad like a child, that my husband got the ring and he not.
At that moment i had to stop going behind my husband in trusting the brother, it was a clear sign, but we beleived blind in him! He got the ring also, a big mistake!!!!

Soon i´ll call the Links up and let you know how its going!

Tot so!

[renegrunn]

Seriously, get a lawyer.

[timmert26]

The police will not do anything, they will tell you it's a civil case. Which means in order to get anything you need to sue them, in which case you really want to have a lawyer. I would strongly suggest to meet with a lawyer and discuss your case first. They will tell you if it's a viable case or not worth pursuing it.

[MyFam]

Thank you all for your answers, i agree
So i called the Rechtbank for how to get Information about the inharitance, they are very nice people but i got no help!

Called also the local government, again very nice people but also no help!

Called a Notaris and he advised us to go to a Lawyer and that we did now and we scheduled an appointment for this Week per telefon to see how it goes.

We are still interessted to know how is the Dutch law dealing with the Obligations between the inhariter to inform each other especially like our case here

Thank you all

[Eärendil]

MyFam schreef op dinsdag 25 januari 2022 @ 04:49:Can anybody here please tell me, if it is still relevant:
The Father paied the sister about 60.000 € in the 80ies for her house as she got married and he give the brother in 1994 his house as agift he only paid partlley not even 40.000 Gulden for it and that´s in the Area of Amsterdam. My husband got nothnig, is that now a relvant story?

Irrelevant, in life it was their choice who to give money to.

[MyFam]

Eärendil schreef op dinsdag 25 januari 2022 @ 11:50:
[...]


Irrelevant, in life it was their choice who to give money to.

Really? in the German law, it counts what was given in the last 10 years, and it loses its value for each year 10% back, but in other countries it counts to until 30 years back.
Here ist the family 100% dutch.

[SmurfLink]

MyFam schreef op dinsdag 25 januari 2022 @ 12:03:
[...]


Really? in the German law, it counts what was given in the last 10 years, and it loses its value for each year 10% back, but in other countries it counts to until 30 years back.
Here ist the family 100% dutch.

In the Netherlands you would need to have signed something if it is supposed to be deducted from the inheritance. I've signed such a form as I got an advance on my inheritance to buy a house, which means my sister will get that amount of money from the inheritance before we split it in two. But if you don't sign stuff, it's irrelevant to Dutch law. As long as you're alive and well, you can donate to whomever you like.

[Ardana]

Tho we don't object to some English here and there, this is still a Dutch forum. So I am gonna close this thread.