Can my debt to my brother be offset against my father's inheritance?

Questioner

I have been living abroad since 1990. My father recently passed away, as the only surviving parent. I have a brother and sister in the Netherlands, who manage his money. There is an amount of approximately 25,000 Euros in his bank account (after payment of the cremation costs). I have a personal debt to my brother of 6,000 Euros. Now they have determined that my brother will receive 12,000 Euros from my father's bank account and my sister 6,000 Euros. I will receive nothing. Is this legally responsible. My father signed at the time that my brother can manage his finances. When he passed away, my father had dementia problems. Since I live abroad, I have used the postcode of my brother's address....

Lawyer

It is important to know that I cannot give concrete advice here, because this depends on many factors and will have to be viewed in the light of the entire complex of facts. It is advisable to engage a lawyer or attorney for a thorough analysis of the situation. The general principle is that debts can be offset against an inheritance. This is a procedure known as offsetting the 'legitimate portion', which means that you are able to claim at least the legitimate portion of the inheritance, which is half of what you would inherit without a will according to the law. If there is a debt between family members, this is a private matter that is formally separate from the inheritance. It may be that your brother, as executor of the estate, to whom your father has given the authority to manage his finances, is authorized to distribute the inheritance. If so, he has a duty to treat the interests of all heirs equally. It is important that the inheritance is divided fairly. The inheritance should normally be divided equally among all heirs, unless there is a will stating otherwise. As an heir, you also have the right to access the settlement of the estate. You can therefore demand that your brother gives you full information about the inheritance, including bank statements and other relevant documents. It would be wise to seek legal assistance if you believe that the inheritance is being divided unfairly.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.