Legal assistance with inheritance and heirs
Questioner
our daughter's ex passed away they have a 14 year old daughter together she is the sole heiress the ex has a will he has appointed 2 friends to settle the estate after his death they are faced with an enormous amount of work and they decide not to take on that task any further Is our daughter now obliged, because she is the mother of the sole heir, to take on that task? the suspicion is that there are only debts left our daughter still lives in the house they lived in together before the divorce, this house is under waterLawyer
As the legal representative of your granddaughter/heiress, your daughter must look after the interests of your granddaughter. Your daughter will be able to reject the estate of her ex on behalf of your granddaughter or accept it under the benefit of inventory (beneficiary acceptance). In the first case, your daughter / granddaughter is not an heir and it will have to be further investigated whether and if so who is / are heir / heirs. The ultimate consequence is of course that your daughter (I suspect that she is a co-owner of the house) will have to deal with possibly unknown heirs/co-owners (of the house). In the case of beneficiary acceptance, your daughter will have more control over the matter, but that also means a lot of work. She will have to settle the estate for her daughter. Whether that will result in the house being retained is of course the question. Your granddaughter may not be able to bear her share of the expenses of the house, certainly not if it turns out that the estate is small or possibly negative (more debt than assets). An important advantage of accepting the inheritance under benefit of inventory is that your granddaughter will never have to pay her deceased father's debts from her own assets. see further: https://www.rechtspraak.nl/Voor-advocaten-en-juristen/Reglementen-procedures-en-formulieren/Civiel/Familie-en-jeugdrecht/Paginas/Nalatenschap.aspxQuestioner
thank you very much for your very quick reply I appreciate that very much After asking my question, we received the will of the deceased ex It states that it is my express wish that my ex will never be appointed as executor How can she now represent the interests of her daughter (our granddaughter)?Lawyer
I assume that your daughter has parental authority over her daughter (your granddaughter). On this basis, she is the legal representative of your granddaughter. Only your daughter may legally act on behalf of your granddaughter, as long as your granddaughter has not yet reached the age of 18. This is separate from any testamentary wishes regarding the appointment of an executor.Neem de volgende stap
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