What is the procedure in case of disinheritance?

Questioner

I have read in the will that I, as well as my children, have been disinherited by my father. My mother and brother inherit in equal parts. It concerns a marriage, married in community of property (not divorced). Should I now, in order to claim my legitimate portion, declare this for both of them, or only for my mother as the surviving spouse? I cannot obtain any further information from the part of the will that I have received. If I have to report this to my brother, can I claim his part of the legitimate portion immediately? With my mother, this is only after her death, right? Furthermore, I would like to know exactly what papers I am entitled to in order to be able to determine the legitimate mass. (Tax, bank statements, value of the house..... what else?) And is this then claimable every year from the year of death in order to be able to check possible gifts? Am I entitled to compensation from certain valuables? (Car, caravan, coin collection). How can I have these appraised, and can I enforce this? I expect a lot of resistance, and when I indicate that I want to claim my legitimate portion, I would like to indicate that I want to request the various documents for this. Can I set a term for this, and what is realistic? Can I also request a penalty payment to put some pressure on this? If so, what is a realistic amount? What term should I otherwise wait before going to the subdistrict court? So to summarize the questions: - Who should I report to in order to claim a legitimate portion? - immediately claimable from brother or not? - what papers for legitimate mass? - which years, only year of death or also after/before? - right to financial compensation for valuables? - what is the period for obtaining papers and whether or not there is a penalty and the amount of the penalty? - When should you involve a subdistrict court judge? I look forward to hearing from you. I dread the emotions that come with this process and have actually been putting it off for quite some time. (Father passed away in 2018, so I have to do it before the 5 years are up) Yours sincerely,

Lawyer

You must (within 5 years after death, sometimes even earlier) claim your legitimate portion from the heirs (and possibly the executor if one has been appointed). Often the order of reduction/obligation to contribute in the will has changed so that you do not immediately have a claim against your brother. I would have to see the will to check that. You are entitled to all information and copies of documents that you need to calculate your legitimate portion. Firstly, a description of assets (assets and liabilities) as of the date of death with proof. If there is reason to think of gifts in the past, request a statement of those gifts and, if necessary, audit documents. Valuables are part of the assets as of the date of death. There is no extra compensation for this. Term: give the heirs some time to collect the information. A few weeks is certainly allowed. If they object, you can file a claim (possibly with a penalty) with the court. You will need a lawyer for this.