Family and children

Consumer: Loan claim can be offset against the compulsory portion Consumers: Loan claim can be offset against the compulsory portion.  If a child still owes its deceased parents the repayment of a loan, co-heirs may offset the outstanding amount against the compulsory portion.

Buy Real Diazepam Uk Hamm (dpa / tmn) – Anyone who still owes the repayment of a loan to their deceased parents must expect their own compulsory portion to be reduced to zero. The working group of the German Bar Association (DAV) reports on a judgment of the Higher Regional Court (OLG) Hamm. In the negotiated case (Ref .: I-10 U 76/16) a woman inherited her husband. After her death, the daughter of the two became the heiress. The disinherited son demanded his sister’s compulsory portion. However, he still owed his parents to repay a loan that his sister terminated and offset against the compulsory portion.

Buy Xanax In Bulk Rightly so: the compulsory portion is calculated according to a quota of the net estate, the court found. The parents’ loan repayment claim against the son has been passed on to the heiress and thus increases the estate. The compulsory portion calculated in this way can then be offset against the loan still to be paid. Since the loan exceeded the compulsory portion of the sum, the sister has nothing more to pay out.

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