Directory obligation in the event of an asset acquisition of minors children
When a parent dies and leaves the widowed spouse with a minor child - or even more - he often has to reorganize life for himself and the child. The surviving parent rarely thinks of grasping the assets that the deceased parent (also) has also left the child. However, while the time is gradually healing the wounds that the deceased spouse and parent has torn, the claim of the half -orphaned child against the widowed parent does not become time.
Parental obligation of wealth list
If a minor child acquires from death due to assets worth more than EUR 15,000, his parents are obliged to create a directory of this. This directory must be provided with the insurance of completeness and correctness and submitted to the family court. This duty of parents to their minor child does not only apply to assets that the child acquires as an inheritance or legacy in the event of a third party or as a beneficiary of life insurance. This obligation also applies if the child acquires assets as a result of the death of a parent . In this case, the directory of the acquired assets must be created by the surviving parent and submitted to the court.
Unused compulsory portion
Surprisingly, this duty of the widowed parent exists even if the minor child does not seem to acquire anything because it is disinherited. This is in particular the case when the parents have campaigned for each other as sole heirs through a so -called Berlin will and the child is only said to inherit both parents after the death. In such a case, the child is disinherited when the dying parent was died and consequently entitled to a compulsory portion. The asset to be recorded is then the minor child's claim to the compulsory portion at the estate of the deceased parent. The widowed parent must submit the compulsory portion of the half -orphaned child to the family court with the announcement of the estate value and the child's compulsory portion rate. The obligation applies regardless of whether the claim is actually asserted or not. If the parents have in their shared will that the widowed parent should only be inheritance and the child, the list of wealth must also be given the items from which the estate is composed.
Claim for damages
If the widowed parent fails to create and submit the list of property, he may make himself liable to pay compensation to the minor child.
No limitation period up to the age of 24
The underage child's claim to create the list of wealth does not become time as long as the child has not yet reached his 24th year of life. Incidentally, the same also applies to the child's claim to compulsory portion against his widowed parent. This offers young adults who have become a minor half orphans, the chance of successfully asserting their compulsory part of the deceased parent.
Design options through will
As a precaution, the parents can make orders through the last will, which in the event of their death, the administration of the minor child's assets are indicated by the widowed parent and make the assertion of the compulsory portion unattractive. For spouses and parents who want to build a will, it is crucial whether the widowed spouse should be protected or there is an interest in transfer assets to the next generation.
