Inheritance Question? Get Free Advice from Lawyers


Questioner

Ir/Madam, My father passed away in February of this year. My father-in-law remarried and had a will drawn up with my stepmother as heir (surviving spouse), but I accepted the inheritance by signing a document and submitted it to the notary. I am also named in the deed of inheritance. My father and stepmother had a joint account. Now the bank is asking me to draw up a letter in which I declare that I am renouncing the amount in the account. If I refuse to draw up a declaration that I am renouncing, the bank will block the account, according to my stepmother. Since I do not trust that if she dies there will be anything left of my child's share, I am not prepared to draw up this declaration of relinquishment. I would like to receive your advice on this and what steps I can take to still claim my child's share since my stepmother is throwing money away.

Lawyer

A will takes precedence over the statutory law of inheritance, so the starting point should be your father's will. You write that your stepmother is designated as heir (surviving spouse) in the will. What is important is whether you have been 'disinherited' or whether the implication is that you are still an heir, but that you must wait to receive your inheritance until after your stepmother's death. What cannot be deviated from by means of a will is your right to the legitimate portion of your father's estate. Furthermore, there may be a situation in which you can demand that your stepmother give you certain goods worth your inheritance or that, in order to protect your rights, she accepts only a usufruct on those goods. I suggest that if you require further advice, you contact me directly via the direct contact option of rechtswinkel.nl

Neem de volgende stap

Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.