0318 - 68 78 78 info@vanveen.com

Settlement of estate

Estate settlement lawyer

Need advice? Feel free to contact us
Rebecca de Vries

R. (Rebecca) de Vries

Advocaat Settlement of estate
0318 - 68 78 78 info@vanveen.com
Afwikkeling nalatenschap

A death involves many things. Shortly after the death, various matters must be arranged immediately. Think about the funeral, for example. In some cases, the deceased’s home must also be vacated within a short period of time. Also, certain expenses still need to be incurred and debts paid. Settling an estate can be complex. You may need help with this.

The lawyers specialized in inheritance law at Van Veen Advocaten frequently deal with the legal side of settling estates. Below they briefly explain what is involved.

Once the initial period immediately following the death is over, the estate must be settled. For this, it is important to know who the deceased’s heirs are. The heirs emerge either from the last will and testament or from the law. Clarity must therefore be obtained about the existence of a will and, if there is one, about its content.

Once it is known who the heirs are, the heirs must decide whether they want to accept or reject the estate. If they want to accept it, they can choose between pure and benefit acceptance. Depending on the choice of acceptance, the estate must be settled before it can be distributed.

In all cases, the value of the estate’s assets and the amount of debts must be disclosed. Goods may need to be sold to pay the debts. In addition, there may be ambiguity about which assets are and are not included in the estate. A distinction may need to be made between the marital community and the estate. It can be a lot and complicated work to get all the necessary information to the surface.

When the deceased appointed an executor in a will, these activities are often performed by the executor. This can lead to disputes. The heirs and the executor may sometimes not see eye to eye. It is then important to know what rights and obligations the executor has. If the executor neglects his duties or exceeds his powers, the court can be asked to dismiss the executor.

If no executor is named in the will, it is basically the heirs collectively who must settle the estate.

Estate settlement becomes complicated when there is a disinherited heir who has claimed his/her legitimate portion. This is the portion of the parent’s estate to which the child is always entitled, even if the child is disinherited. If the child claims his/her legitimate portion, the legitimate portion will have to be calculated.

Once the size of the estate is clear, everything still needs to be divided. Which heir gets what? If several heirs want to lay claim to the same assets, this can lead to disputes.

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