Liability in Inheritance: Frequently Asked Questions

Questioner

I bought a house in which an oil tank was found in the garden after purchase. The owner had the house sold by her daughter with a power of attorney. Now the mother has passed away, is the liability now for the daughter as the power of attorney?

Lawyer

The heirs are liable. This is my specialization and I am happy to help you with this. Please feel free to contact me without obligation.

Questioner

Is that also the case if she does not accept the inheritance?

Lawyer

No, if the inheritance is not accepted, the heirs do not become owners and you cannot hold the heirs liable.

Questioner

Despite the fact that she was an authorized representative during the sale of the house?

Lawyer

Yes, because she did not act in her own name at the time, but on behalf of the then owner. For that reason, you will find the details of the then owner as seller in the purchase agreement and the deed of delivery, not those of the daughter.

Questioner

Can I find out somewhere whether she accepted the inheritance? Is there a register of this or something?

Lawyer

No. There is not. I would be happy to help you hold the heirs liable. They will then have to demonstrate that they have not accepted the inheritance or have accepted it beneficially. Please feel free to contact me without obligation.