How do we reject brother's inheritance?


Questioner

Our brother is terminally ill and has a few months to live. He is under guardianship and has an amicable settlement with the NAAM BANK. The guardian does not know whether there are any hidden debts. As surviving relatives, we want to reject the inheritance. How exactly does this work? We also do not want it to automatically go to our children or grandchildren. What happens after death: who must give the order for the funeral/cremation and who is liable for the costs? My brother does have a funeral plan.

Lawyer

I assume your brother is not married and has no children. Otherwise they are the heirs and you have nothing to do with it. I also assume your brother has no will. If your brother has died, his brothers/sisters and parents (if they are still alive) will be considered heirs. They must renounce. This must be done by means of a declaration at the registry of the court of the deceased's house. Your children will then become heirs (this is called substitution). That will not be the intention. They must therefore also renounce. This costs an amount of approximately 125 euros each time. The best way to solve this is to renounce them all at once. You can solve this by hiring a notary who will draw up a deed for you and then send that deed to the court. Then it will cost 125 euros once. You will have to pay the notary, it will not be very expensive. Whoever orders the funeral is liable for the costs thereof.

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