Claiming debt after death? Get advice

Questioner

Girlfriend borrowed 13,000 euros from me and signed an acknowledgment of debt for it. She died abroad. Who the heirs are is not entirely clear; brothers say they refuse the inheritance because of debts. However, the deceased girlfriend still has the right to inherit the unsold home of her deceased mother. Her brother is the executor of the estate of her mother and manages the unsold home. This brother now refuses to pay his sister's debt to me. What avenues should I pursue to still arrange for payment of the debt? Is seizing the deceased mother's unsold home an option?

Lawyer

You must first find out whether and if so who the heir(s) of your deceased girlfriend are. If her brothers have rejected, then there must at least be a written document to that effect. You write that she died abroad. This could also mean that her estate must be settled under foreign law (the law of the country where she died). In that case, you would be wise to engage an expert in the country whose inheritance law applies. If the home of your deceased girlfriend's mother is located in the Netherlands, it can be seized through Dutch legal procedures. If the home is located abroad, seizure must be made through the legal procedures of that country, and it is therefore advisable to seek expert assistance in that country itself.