Right to a legitimate portion despite disinheritance?

Questioner

My mother has arranged that I am also not entitled to a legitimate portion? My father passed away in December 2016. After this we are left with mother and my brother, sister and I. He left behind a house in Spain worth €150,000 mortgage free. And a house in the Netherlands worth €250,000. Also mortgage free. Mother inherits everything. Early 2017 contact is broken. In mid-2017, the house in Spain is put in the name of brother and sister by mother. I do not participate in this. In Jan 2018 my brother buys mother's house in the Netherlands for €150,000, well below market value. My mother dies in Dec 2022. A will drawn up in early 2018 will be opened in January 2023. According to my mother, I have been disinherited 'because of SUSPECTS of theft from the cash register of my deceased husband's company and brother '. They were at the market with cheese and I worked there for 20 years. Around September 2016 a disagreement arose about a cash shortage and this was resolved in agreement with father and brother in November 2016. However, I was dismissed from the company in July 2017 due to the same suspicion. Father has since passed away in December 2016. No charges were ever filed. Contact was then broken off with mother, brother and sister. Now mother claims that I am also not entitled to a legitimate portion of the inheritance because of the alleged theft. In mother's will it is stated that she did not report it to the police 'because she did not want to disrupt the family bond. ' Well that was already disturbed. Mother claims in her will that the alleged stolen amount is equal to my legitimate portion. And therefore I am no longer entitled to anything. So according to her I have to give money to brother and sister, until they decide that it meets the 'stolen' amount. Question: Do THEY have to prove what the amount would be? So they determine how much my legitimate portion would be, and according to my mother I already received that because it would be equal to the 'stolen' amount. That should easily be around €50,000 according to my calculations, which is of course absurd. Do I still have the legal right to my legitimate portion? That theft thing has nothing to do with the inheritance, does it?

Lawyer

Good morning, Did your father have a will? I would have to see that to judge it properly. It APPEARS to be the case that your mother became the boss of everything your father left behind, either by virtue of parental estate division or by virtue of the so-called legal division. But that includes the fact that the children had a claim on their mother. The 2018 will then be your mother's, because your father had died. But your mother is still alive, right? Then that 2018 will not yet have any effect. We will have to call about that to get this clear. Sometimes it is the case that you can be unworthy to inherit, for example in the case of theft. But then you must have been convicted of that by the court. Not as you describe it now. Finally, the claim to a legitimate portion expires (lapses) after 5 years after death, unless you have made a claim in time. But as I understand it now, that does not apply to the father's estate and the mother has not yet died. In short, there are still some holes in your story that need to be filled in before good advice can be given. You can call me on 0571 290841. today between 15:30 and 16:30 or otherwise Thursday.

Lawyer

Sorry, I see now that your mother passed away in 2022. It is important to see the will of both your father and your mother. Your legitimate portion cannot be undone by your mother. Whoever thinks that you have stolen/embezzled must prove this, not you.

Lawyer

Sorry, I see now that your mother passed away in 2022. It is important to see the will of both your father and your mother. Your legitimate portion cannot be undone by your mother. Whoever thinks that you have stolen/embezzled must prove this, not you.