Sole heir but there is an appointed executor

119 posts in this topic

Posted

Hi everyone. My father is a German (died 5 months ago) & my mother is a Filipina. On my father's last will, he stated that I am the sole heir but I can only manage his fortune when I reach 30 years old. I am only 22 years old now so I still have to wait for 8 years. My father also appointed an old friend as executor.

Is there any way wherein I can get my father's inheritance without waiting for 8 years? :(

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Posted

You could consult a lawyer and challenge the will, but AFAIK your only hope is if you could prove that he was mentally incompetent at the time he made the will. So you'd likely be wasting your money.

My wife's childless, widowed aunt died about 10 years ago and left everything to her and her 3 siblings - but according to the will, they don't get anything until they're 60 (yes, my wife's childless aunt was one batshit crazy lady).

Good luck.

P.S. I'm not a lawyer and the above should not be construed as definitive legal advice

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Posted

I think you could try asking for your Pflichtteil straightaway, which would be half of your normal inheritance, i.e. half of what you would get if your father hadn't left a will and therefore "legal" inheritance rules (= gesetzliche Erbfolge) had been observed.

So, if for example, your mother was married to your father at the time of his death or if there were more children, you get a smaller share of the inheritance as your Pflichtteil.

But this may mean losing the rest of the inheritance, so you would really have to ask a lawyer specialised in inheritance law in order to be sure what the consequences are.

You can find such a lawyer here: http://anwaltauskunft.de/anwaltsuche

Ort: München (Muenchen won't work!)

Fachwanwalt für: Erbrecht

Fremdsprache: Englisch

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Posted

Thank you for your reply. I really appreciate it.

Yes I am the only child. Though my father also stated on his last will that I receive monthly payments from the bank (EUR 350) because I'm here in the Philippines. I will receive remittances until the age of 30.

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Posted

I just want to know if there is any way where I can get something now so that I can start my own business. I need the money to grow because I already have a daughter, & of course I don't want my father's money be wasted. I know that he did all of this for my future.

They said that they will sell 2 properties to avoid monthly taxes. 1 unit is my father's former household & the other one is for renting purposes before my father died.

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Posted

My wife's childless, widowed aunt died about 10 years ago and left everything to her and her 3 siblings - but according to the will, they don't get anything until they're 60 (yes, my wife's childless aunt was one batshit crazy lady).

Alternatively very wise - a bet a lot of people reach 60 and think - sh*t now I wish I hadn't squandered my inheritance when I was younger.

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Posted

@hams: not for just whatever purpose. Like what I've said, I already have a daughter. So I wanted to buy a house for my family & of course, for her education too. I have realized that too, that my father wanted me to be mature enough before handling such money & I respect that too. I won't protest to get everything though, just a little for me to start a good life.

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Posted

A. talk to a lawyer

B. if the executor refuses or cancels his appointment and the will does not explicitly appoint another executor or states that the probate court should appoint one, the executorship might be over and you could do whatever you want

C. talk to a lawyer

D. If you want to do what Pandamunich explained (Pflichtteil) you have to act fast. In order to be able to claim your Pflichtteil, you will first have to renounce your inheritance. As you are not living in germany you have 6 months to do so, starting at the earliest from when you got a copy of the will from the probate court.

p.s. by the way d is only possible due to special circumstances in this case, usually if you renounce your inheritance you have no right to claim a pflichtteil

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Posted

Alternatively very wise - a bet a lot of people reach 60 and think - sh*t now I wish I hadn't squandered my inheritance when I was younger.

No, she wanted to punish them for "never visiting her", although they visited her at least once a year. She also claimed that my wife never invited her to our wedding - at the time, she declined the invitation because the reception was going to start at 5 p.m., which she claimed was much too late.

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Posted

Asking the lawyers here. Is there no way he (EDIT she, thanks PM) could use this as security for a bank loan?

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Posted

Yes, that's another possibility (though I'm not a lawyer ;)).

By the way, the OP is a she.

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Posted

The fact that you cannot wait shows just how immature you are. Be thankful he didn´t say 35 or 40.

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Posted

D. In order to be able to claim your Pflichtteil, you will first have to renounce your inheritance.

...usually if you renounce your inheritance you have no right to claim a pflichtteil

Please explain as you are clearly contradicting yourself!

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Posted

No, he's right.

If a executor is named in the testament you can renounce your heritage AND then claim your Pflichttteil . One of several cases in which this procedure can be applied.

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Posted

Wouldn't that mean that you don't get the rest then?

You'd have to be pretty desperate for a quick buck...

I also think wanting the money now for 'a good life' is very immature, not to mention extremely disrespectful of your father's memory and dying wish. Make your own way in life and don't rely on what others did with theirs!

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Posted

No, he's right.

If a executor is named in the testament you can renounce your heritage AND then claim your Pflichttteil . One of several cases in which this procedure can be applied.

Still can't follow, do you mean that if you are unhappy with the executor that you can renounce your heritage and still be able to claim your Pflichtteil? Otherwise renouncing your heritage means that you don't want it. AFAIK the only sane reason for renouncing your heritage is to avoid inheriting debts.

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Posted

Alternatively very wise - a bet a lot of people reach 60 and think - sh*t now I wish I hadn't squandered my inheritance when I was younger.

My thoughts exactly. I bought a car the reast not a damn clue 15 years later. I wish mine would have been held to 30 and not given to a clueless 18 year old (referencing myself not suggesting op is clueless). The retirement age bit is a great idea.

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Posted

Reading this, it doesn't seem likely. Especially considering the complications when applying/claiming from overseas.

OP - condolences on the death of your father btw.

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Posted

Still can't follow, do you mean that if you are unhappy with the executor that you can renounce your heritage and still be able to claim your Pflichtteil? Otherwise renouncing your heritage means that you don't want it. AFAIK the only sane reason for renouncing your heritage is to avoid inheriting debts.

She either can accept the inheritance and live with the executor with all that comes with it and get everything once she turn 30, or she renounces and can claim half of what she would get if there was no last will in money right away.

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Posted

When I was in my early 20's, I owned a marketing company.

I made so many mistakes, bought so much stuff that I didn't need, partied like it no one's business but, learned a lot! Needless to say, I lost the business and the boyfriend tied to it. (thank goodness) And, when I was 32, I started a new one that was successful and rewarding.

You should open that business and get all the experience that you can. Maybe, you have to do so in a smaller scale without the funds and build it up slowly... which, I learned after trial and error. Let your money in Germany build for your family and possibly expanding that business.

But, when I was 22, I wouldn't listen to those giving me this type of advice, I just wanted to do what I wanted. So, I can understand your passion to start up a company... I am only able to share my experience. Good luck with your ventures, alleria.

AND, I am definitely NOT an attorney or accountant....

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Posted

At least OP is asking for advice; it may not have been the advice he was looking for, but he'd be wise beyond his years if he took it, however he came by it :)

I'm not a lawyer, just another kind of wiseass

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