What is included in an inheritance?
Questioner
My grandmother recently passed away. My father passed away years ago. My grandmother chose to put me and my sister in the will (and according to the law in the absence of a will) as a substitute for daddy next to my aunt as heirs. So she does have a will. I asked to see it because I was told by my uncle (executor and husband of the aunt) that my sister and I would receive half of the value of the house when it was sold, period. Grandma's account would be empty and the contents only for my aunt. In the will, my grandmother bequeathed the contents including jewelry AND her bank + savings account specifically to my aunt alone via a legacy. Those accounts are probably not empty. Given that the will was drawn up by a notary, I assume that this is possible. But how should I now view the entire estate? Normally that is bills, car, estate, house and any debts. Now, however, the bills and the estate are already 'gone'. Does the 'entire' inheritance now only consist of the house and the car? There is another legacy with a fixed amount for my nieces. According to my uncle, these legacies must be deducted from the sale of the house (so from the 'entire' estate). The contents of the accounts are now exempted from this since they already go to my aunt? As I understand it now, everything has been done to prevent my sister and I from inheriting 'a lot' and we are now just 1 step above actually being disinherited. If all legacies, the funeral costs and the inheritance tax must be deducted from the proceeds of the sale of the house and the remainder then goes through 2 for us and my aunt, our share is therefore minimized and hers is maximized in my eyes. Am I seeing this correctly? And do I have the right to inspect the accounts if they are only for my aunt via this legacy? I am a pure heir.Lawyer
First of all, the following: inheritance law is complicated and it pays off if you get assistance from a specialized lawyer (see www.vean.nl, where you will find the inheritance law specialists). I am also part of that. I will follow your question further. 1. As an heir, you are entitled to a copy of your grandmother's will. The notary before whom the will was drawn up can provide you with a copy. Your uncle will probably have a copy as well, or he will check whether it is your aunt's last will. 2. Your grandmother's estate includes all rights and obligations as they existed at the time of her death. Also the household effects, the jewelry and the bank accounts. If there is a legacy in favor of your aunt (and nieces), the heirs must hand it over to the legatee (possibly via the executor if he has been given that authority in the will. 3. If your grandmother has given away a great deal through legacies (or through gifts during her lifetime), it is possible that your legitimate portion has been affected. That legitimate portion (of you and your sister together) is roughly a quarter of your grandmother's estate, including bank accounts, etc. 4. The inheritance tax on the legacies must be borne by the beneficiaries (the legatees). 5. You have the right to a copy and access to all bank accounts; the executor (your uncle) must provide you with that information. If he does not do so, there is a reason for his dismissal by the subdistrict court judge. 6. I am not sure what you mean by your remark that you are a pure heir. Did you accept the inheritance pure and simple and if so, how did you do that? It is often recommended to accept the inheritance with benefit of inventory in order to prevent you from saddled with debts that you (in the case of pure acceptance) must pay from your own assets. Again: get help, it is too difficult for the average private individual. If you want to know more, you can call me (0571290841) or email me (vanderkolk@arsjuris.nl)Lawyer
last word under 1 (aunt) should be GrandmaNeem de volgende stap
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