Court decision against landlord, but lawyer quite low profile

26 posts in this topic

2 hours ago, lunaCH said:

If the transfer of ownership has already happened and is recorded at land registry, then the OP as a former tenant, or the lawyer acting on their behalf has a right to see the land registry book to find out who the current owner is. 

This current owner should have access to the deposit account where the OP's money is sitting waiting to be paid out. That account shouldn't just be closed and the money paid to anyone - the bank should notice that it is not part of the deceased assets and should not be included in any transfer (especially if there were debts to cover), but that it is a deposit account and that the money held belongs to a third party.

The new owner should have been paid this money by the person managing the estate who would have had access to it after the landlady died. It appears that this account has been forgotten about or worryingly it has been closed and the money paid out erroneously somewhere down the line. 

 

Dear lunaCH,

 

In fact here it was my mistake, because I was at the beginning of my arrival in Germany and I did not know that for deposits you have to declare it at the bank as such. What I did, it was a regular payment to the ex-owner account, mentioning on the payment order that is for the deposit. Based on this, the Mainz Court decided these money should be reimbursed to me, as well as the lawyer fees. But there was no special regime for those money, so they are as good as gone

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15 hours ago, lunaCH said:

 

Does the OP's attachment (some of it is redacted) state that the granddaughter (minor) refused the inheritance? :unsure: 

I assume Rochter should be Tochter. :rolleyes: 

 

No, no mention of granddaugher refusing it. You may see in the attachment all the bailiff's reply.

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32 minutes ago, tiana666 said:

Oooops...this one never crossed through my mind :(

But if sold, who will take the left money, if there are any? So again, I have first to find out who is the current owner of the house. From where shall I start? Rathaus? 

Land registry. 

 

25 minutes ago, tiana666 said:

In fact here it was my mistake, because I was at the beginning of my arrival in Germany and I did not know that for deposits you have to declare it at the bank as such. What I did, it was a regular payment to the ex-owner account, mentioning on the payment order that is for the deposit. Based on this, the Mainz Court decided these money should be reimbursed to me, as well as the lawyer fees. But there was no special regime for those money, so they are as good as gone

If the money was not put in to a proper rental deposit account, you may well have a problem. 

You or your lawyer should try to get in contact with the people who were managing the deceased's estate. That would be the starting point. You need to find out if there was any money left after all debts were paid. Presumably that has already happened. If money was left over, it would have been paid out to someone. That could be the person who has to give you the money. Then again it may be too late to claim it if the estate has been finalized. You need to find out if you can put in a claim. 

As I see it so far you have maybe been going after the wrong person, as it could be that the daughter didn't inherit but the granddaughter did. Also we don't know if she is the sole person inheriting or if there are further persons mentioned in the will and apparently the granddaughter is still a minor, which could complicate things further.

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Dear all, I just want to thank you all for your input, I already see some alternative ways of looking at my case. All your info/questions were more than welcome, and I really want to thank you all !

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1 minute ago, tiana666 said:

 

No, no mention of granddaugher refusing it. You may see in the attachment all the bailiff's reply.

Was it explained to you by the lawyer what happened i.e. what that notice means. 

What did the lawyer say the daughter or granddaughter did? Meaning, what exactly is Erbschaft ausgeschlagen?

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1 minute ago, lunaCH said:

Was it explained to you by the lawyer what happened i.e. what that notice means. 

What did the lawyer say the daughter or granddaughter did? Meaning, what exactly is Erbschaft ausgeschlagen?

No, my lawyer is avoiding me, but I will put it on my questions list to discuss with him when I will succeed to reach him

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