TO ACCEPT OR TO REJECT?
Are you an heir? Be sure not to accept or reject the estate outright. This decision can have great consequences that you may not be aware of. Consequences that can be difficult to reverse. Would you appreciate some guidance on what to do? Then let us know.
If you want to recognise your child, but the mother or your child does not give permission for this recognition, a judge can offer an alternative. Another example of a lineage case is when you as a mother want the paternity of your child to be confirmed, so that the father will contribute to the costs of your child. An Uiteen attorney can assist you in such matters of lineage. Consider also the judicial determination of paternity after the father has passed away. Recognising your father in this case would make you as the child a legal heir.
ACCEPTING UNDER BENEFIT OF INVENTORY
Accepting under benefit of inventory means that you only accept the estate when there are more assets than debt. This is a safe option for when you don't know if there is any debt. And, to be honest, you can never be entirely certain. There are consequences to accepting under benefit of inventory, important aspects to consider. You will be required to settle the estate. Please contact us if you are in this situation and would like advice.
In the will, an executor may be appointed to be responsible for settling the estate. Often there is disagreement as to what an executor can and must do. This might be in relation to various matters. Such as: Which information the executor should make available to the heirs, devisee and/or legatees? Is the executor acting in accordance with the guidelines? To what compensation is the executor entitled? Can the executor be dismissed if he or she acts poorly and, if so, how and on which grounds? We regularly advise and litigate in this area and are happy to inform you about your rights and your options.
(NOT) GETTING INFORMATION
Many arguments arise around (not) getting or (not) giving information about the inheritance. The type of information concerned here are typically the accounts of the deceased or the estate. The accounts include financial documents such as bank statements, tax returns and tax statements, insurance policies, etc. Which information are you entitled to see or required to provide? Over which period do these rights and duties apply; only the period after the death or also the period before the death? As a surviving heir, can you request to manage the account(s) and, if so, from whom and over what period? And what if there is a refusal to provide information? What are your rights and obligations and what is the impact of your legal position regarding the inheritance; as an heir, executor, legatee, disinherited (grand)child, legitimator, liquidator, administrator and/or usufructuary. Each position has different rights and obligations. We are pleased to advise you in these matters.
A bequest or legacy determines the rightful owners of certain goods in the estate. This might be jewellery or equipment, but could also be a house or money. In this way, the deceased can ensure that certain parts of the estate are distributed to certain people; for example, a watch for the son and a bracelet for the daughter. The person receiving the good is called a legatee. Een heir can also be a legatee. We regularly have to deal with bequests in our law office. What are the rights and obligations when, for example, the bequest is a sum of money but the money must come from a house that has not yet been sold? What is the best course of action when the bequest concerns a piece of jewellery that hasn't been found? And how best to deal with a house with a mortgage or a usufruct bequest? Do you find yourself confronted with a legatee or are you a legatee yourself? In both cases we can provide advice and assistance.
Have you been disinherited or are you dealing with a disinherited child? Then you may be faced with a claim to a legitimate portion. A legatee is someone who has a right to and can make a claim to a legitimate portion. However, it is not always beneficial to claim the legitimate portion. It is important to be well-informed and seek advice in this matter.
The legatee can only request money and not goods. Furthermore, disinheritance is not the only situation where you may have to deal with a claim to the legitimate portion. Also an heir who inherits less than the legitimate portion can make a claim, for example, because they already received inheritance sums from the deceased during his or her lifetime.
The amount of the legitimate portion is calculated in a particular manner. This is done to include early inheritance payments made during the lifetime of the deceased. Also, not all debts of the estate are taken into account. In order to calculate the claim, the legitimator is entitled to information from the executor and the heirs.
Do you find yourself confronted with a legatee or perhaps you are a legatee yourself? In both cases, we can advise and assist you.
It often occurs that a parent disinherits a child at the end of his or her life. The question then is whether this was done legally. Was there pressure to do so from a brother or sister? Could it be that the civil-law notary was not in a position to execute this, for example, because the person amending his or her will was suffering from dementia? These are difficult issues that we regularly deal with.
CREDITOR AND INHERITANCE LAW
As a creditor, you may also have to deal with inheritance law. For example, if your debtor has died or because your debtor is entitled to an inheritance and can repay his or her debt to you. If your debtor has passed away, this does not mean that you lose your claim. With the death of your debtor, your claim becomes a debt of the estate and you become a creditor of the estate. We can help you find out who to turn to and assist you in collecting your claim. The law offers you various legal options. We regularly advise and litigate in this matter and would be happy to inform you of your rights and options.
The lawyers of Uiteen regularly issue a second opinion. For example, regarding whether it is wise to appeal against a court decision.
When the estate is settled or liquidated, the estate can be distributed among the heirs. The cooperation of all heirs is required for this. If an agreement among heirs cannot be reached regarding the division of assets, your lawyer can ask a judge to determine the distribution. The judge then decides how the estate is to be divided.