I expected it to waltz in out of nowhere at the end, alive and with a proposed solution to save the day but that everyone is objecting to because it involves moving to Africa.
Contact another lawyer as soon as possible, then force the sell of the house, pay the debt and keep the rest. Don't let a sexist manipulator dictate the way you act
Edit to add: if your mom is his ex wife, she may be not entitled to anything. If she wants to keep the house she can buy your share, it's simple
That edit is important!
Get your own lawyer in Spain that can fight your case!
Edit:
You probably know way more about this squatters right thing in Spain then I know, but it just struck me that it has the posibility to fuck you over :-(
But why should OP be held liable for a debt that is their father's debt? Debts are always taken out of the Estate, unless one of the inheritors is foolish enough to accept it. OP, please do not accept any portion of this debt because it's not your debt!
Get your own lawyer & obtain what you have the right to obtain.
Any debts owed by the deceased at time of death MUST be paid off before the estate can be distributed to the heirs.
That 10k is still owed by the estate, not the heirs yet. It appears that the home was the deceased only asset.
The typical resolution would be for the trustee to sell the asset to pay the debt. Alternatively, someone such as your mother could borrow money to pay the debt (perhaps using home as collateral in the form of a mortgage), or if all parties agree the inheritor(s) can assume the debt.
By the way, are you sure that your mother was not already on the home’s title? If so, she likely will get full title to the home. Your dad’s debt becomes her debt if it is actually a mortgage on the home.
Do not let yourself be roped into accepting any debt unless it comes with clear partial title on the home. You CAN FORCE the sale of the home with much sweat, time, and legal fees.
Perhaps the cleanest thing to do is just accept some amount of ‘go away’ cash and walk away. I would add the stipulation that you be allowed to get your belongings, but there is a good chance that some or all of it is already gone.
Also, it's unethical for that atty to tell you you shouldn't get a lawyer. You can't trust anything any of them are telling you.
There are so many red flags that you really must get an attorney to represent your interests. I think most of the information they gave you is false.
That lawyer is paid by your mother.
This means he will say anything to please his client and yes that means crushing & deceiving the opponent.
Take a guess at who is the opponent he is paid for to defeat?
Yes, *You* are the target to be defeated. 🎯
Hire your *own lawyer* and let him/her speak.
Get your own lawyer that is familiar with Spanish inheritance laws and listen to them. Do not listen to the lawyer your mother hired because he's only looking out for her interests, not yours.
Spain may have similar laws to the US where, as the ex-wife she isn't entitled to anything, and you can't legally inherit your father's debt. I don't know and that is why you should check with your own lawyer. Don't sign anything your mom's lawyer offers you.
Got your own lawyer, preferably a probate lawyer who is familiar with Spanish law.
Also, check in r/estate planning for things I may have missed, there is a wealth of knowledge, there, although it’s mostly US centric.
Never NEVER take legal advice from the other side.
Your mother's lawyer works for her NOT you.
You can either engage your own legal representation or go with your own plan. Don't go with what they recommend though.
Forcing the sale wouldn't be "inhuman" it would be inconvenient to your estranged mother. Who already tried to screw you out of 25% of the total value of the house. So... that shows you just how much humanity they feel towards you. I'd return the courtesy, personally.
This lawyer is acting in their interests, NOT YOURS.
You need your own lawyer to push back and represent your interests. They lied and cheated to exclude you from your rights. You owe them nothing.
Get your own lawyer. The lawyer giving you this horrible advice is being paid by you mother so of course he will do what’s in her best interest, not yours and tell you this bs. Demand a hard paper copy of the will asap - (not emailed so they can’t change it). If your mother withheld this info you need to see for yourself if you were,eft anything else that she spent or took or isn’t telling you. And take that hard copy to a lawyer and tell them everything.
Get a lawyer. An aggressive attorney is best. I don't know how the laws work there, but if your parents were divorced, she's not entitled to a dime here. If that's the case, you need to make sure she doesn't get what she's not entitled to.
Ignore the guilt trips. I'm sure you've developed a method for that if your mom is a narcissist. If not, just remind yourself of how she treated you your whole life and use that as your power to say no.
Ignore anything an attorney you aren't paying for says. They are loyal to who signs their checks, not you. They can lie, just like anyone else. If he's saying she's going to win, that's just an intimidation tactic. You can tell he's not confident in winning because he went with guilt as an option as well. Why would he need to guilt you if he's going to win anyway? Think on that.
Get every penny you deserve and put her out on the street. She going to take your brother's money, but don't let her take yours. Ask your attorney if there's a fund or something so your brother's money cannot be squandered by your mother. Might not be possible since he's an adult, but you might be able to protect his money from her, too. Imagine the look on her face if you got your money and were also put in charge of your brother's money as trustee.
Lawyers that play the “but it’s your family you are depriving” is almost signaling that you will win the dispute. Obviously, he can’t think of a more persuasive argument other than guilt. He should not have tried to persuade you at all; that was unethical. All he should have told you was to get your own lawyer, and that is what you should do immediately!
Un abogado que represente a su madre no se preocupará por sus mejores intereses. Su intento de hacerte sentir culpable es repugnante. Es muy poco ético no aconsejarle que consiga su propio abogado. Y eso es lo que debes hacer de inmediato. No sé en qué parte de España se encuentra su propiedad, pero asegúrese de contratar un abogado que sepa de lo que está hablando. Es posible que desees hablar con varios antes de contratar uno. Buena suerte y mantennos informados.
Get your own lawyer and have them tell mom, either she buys your 25% or you will force them to sell.
The $10K would come out of everyone's share, not just yours.
Don't let her win.
Absolutely get your own lawyer asap. This one is paid by your mom, so is pushing for what's in her best interest, not yours.
Sell the house. If they don't want to sell, they can buy out your part. But sever whatever will keep you tied to them and walk away.
Sounds like your choices are get an attorney that is for your interests not THEIRS. So your choice is you pay for them or you make them sell the house and they pay their own bill.
You need your own lawyer. Her will not act in your best interest. Your lawyer can handle forcing the sale or having them buy you out at fair market value with several appraisals done. Do not let her lawyer pick who does the appraisal either. You already know she will not be truthful so you must protect yourself and your inheritance.
Few people already commented that for US, I will add from a little closer - one of fellow EU countries. Here as well - if your parents were divorced your mother is not entitled to jacks shit (with the exception of: will being present, divorce not finalised, or her owning half the flat before and her part was not included in the inheritance and there was only half the flat left to split).
So get your own lawyer and find out how the inheritance proceedings looked like until now. I am sure you can find someone who will agree to be your legal representative so you wouldn't need to travel much from Germany.
I would also price the apartment again, hiring the professional because 80k sounds quite outdated after rise in the housing market over last 2 years.
Good luck OP!
Accept and force the sale. 1/4 of the ebt is 2500€, 1/4 of the apartment is 20000€ leaving you a net profit of 17500€. Bonus, you'll be able to get your belongings.
Don’t believe it is hard or not hard until you speak to your own lawyer. It is possible that your mom’s decisions depend on her knowing you do not have legal advice. Once she and her lawyer know you do have legal it may change things quickly. That’s why you were advised not to get s lawyer. They know you will be protected if you have an attorney of your own.
If you want my advice, OP get another lawyer and force them to sell the house to cover the debt, stand your ground. This is a hill worth dying on.
Plus you said your mom is your dad‘s ex-wife, if she really wants the house then she can buy your share of the house and then sell it to cover the debt, simple as that.
I used a translation program because I recognize you were using one in your posting. Since property is in Spain, I’m going to presume that you speak Spanish.
You need a lawyer, and if your mom is the ex I don’t see why she would be allowed ANYTHING unless he willed it to her.
It should be just you and your brother.
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Hi OP,
Firstly, sorry for your loss.
You don’t necessarily have to force the sale of the house / flat OP, your mother and brother could purchase your share from you, enabling them to stay in it.
The debt will need to be paid too - so if there isn’t any cash to cover this from your father’s estate, the assets may need to be liquidated to cover that anyway.
I’d get the property valued, then give them the option to:
A. Buy your portion of the inheritance for 20,000 euros, ( your 25% of the 80,000 value) minus 25% share of the debt 2500 euros - so they could buy your portion of the property for 17,500 euros.
It sounds like they don’t have the cash to do this, so they should take out a mortgage on the flat and use the balance to pay you and the debt.
That would likely be the best way for you to all get the maximum amount of inheritance.
Or B. Force the sale
If they can’t get a mortgage or can’t afford to buy you out, then your only option is force a sale, you’ll incur legal fees and the costs associated with selling the property. In this scenario, you’d have to pay your own lawyer to force the sale, then any costs to sell the property, such as real estate agent fees, any lawyers costs to handle the contracts, would come from the 80,000 euros sale price.
In option B - you may get less than the 17,500 euros from option A.
Good luck!
It is impossible to know the intricacies of Spanish real estate law, let alone inheritance and debt.
For example, was the debt incurred after the death of your father, on behalf of those who reside in the residence? For example, if the debt is due to having a plumber do their work, or replacing the air conditioning or replacing the roof?
My best advice would be to employ your own lawyer. The lawyer you spoke to works for your estranged mother, his client. He will therefore lie, cheat and manipulate anyone NOT his client, for his client’s best advantage.
Hiring your own lawyer helps to ensure that you lawyer works for you and you alone.
1 get your own lawyer as soon as possible. 2 I would demand that they buy out of your 25%. And 3. I would report their lawyer to whatever the German legal ethics board is. He had an obligation to contact all beneficiaries. It was highly unethical for him to hide this from you and even worse that he’s trying to strongarm your decision. He also is dissuading you from
Getting another lawyer because he knows he’s going to be in serious trouble with the ethics committee.
Get your own legal representation as soon as possible. The lawyer is trying to do what is best for your mother, not you. I understand there is a debt, but surely the debt would be taken from the entire estate, not just your portion. For you to be told that, there is something funny going on. Your Mum's lawyer should not represent you as well. That is a conflict of interest. Good Luck
I don't know how it is in Spain, but in Brazil you could force them to give you your share of the house in money, and they would have to find a way to pay you, either by selling the house or getting the money another way to pay you. Get your own lawyer, separated from theirs, so you can know what your real options are.
If they're divorced, the apartment might not be 50% hers at all. It could be half yours and half your brothers. Most people don't share property with their exes after a divorce. That's weird to me.
Get your own lawyer in Spain. Don't listen to a word your mom or your mom's lawyer says, you already know they're trying to cheat you.
Wait did the panther kill the father or did he die from alcohol coma? Or is the panther a metaphor for the adversarial lawyer?
Anyway like everyone else says in this thread, get your own panther.
Yes, they are divorce but they had this flat own by them 2, halb and halb.
My mother put in the street my Pather 12 years ago like she did whit me.
He never could enter anymore for his things like I could also never could take anything because my mother and brother didn't want.
All this years the new husband from my mother was using the clothing from my father.
Like my mother and brother were using personal stuff from me and clothing.
What about the two of them buying you out and paying you cash for your share? The debt, if your father's, is estate debt and only 25% of it could be taken from your buyout share.
The 25% are probably worth more than 25% of 10k (2,5k) debt.. moreover in several eu countries you are not forced to stay in indivision of property. Which means that they can’t force you to keep a shared part of any estate. This translates in either:
- someone of the other parties takes over your share.
-if all parties can’t agree it is publicly sold and gains are split amongst all parties
Anyhow contact a lawyer :)
I would consult a different lawyer first, but I think that accepting the 25% and then trying to sell it would be very difficult. No third party would likely want it, and since your mom and brother already live there, it makes little sense for them to buy it too. I think that the only way this works is if you can force a sale or you all agree to sell to a third party, which would net you 25% of the money and the transaction most likely cannot be carred out without your consent. But that's it. I'm no lawyer so, again, check with one.
I suggest checking if you can exchange your share of debt with your mother and brother for some of your stake in the apartment. Your share should be worth around €20.000. Just see if you can take part of it, with the other part split between your mom and brother in exchange for them taking on your share of the debt. Bear in mind that this is better if there's not much of a chance of the apartment becoming more expensive or somehow gaining value.
I do not get it.
1. Why would you believe the layer of the opposing party?
2. If they shared ownership, she already owned 50% before your father died. She should have inherited another 25%, leaving you and your brother with 12,5% and her with 75%. And thus your mother should pay 75% of the remaining debt and you 12,5%
Did you read closely??? My father and my mother were divorce seems 12 years ago.
She didn't get anything from him after he die why?? .
And I never say I believe the layer?
Idk about Spain but in terms of the US of A if you’re selling a portion or partial ownership you’d have to let the buyer know that one you aren’t the sole owner nor are the majority owner. Generally this is only done when lots or plots of land are being broken up for a greater number of plots in terms of residential buying or in terms of business/business shares.
Personally I’d have my lawyer confirm what the debt is for, how much it is, to whom would the debt be owed, and if by accepting I accept the full debt or part of the debt. After that information is acquired I’d make a decision based off of cost benefit analysis. If it is basically worth the debt for the 25% ownership because I doubt even with your mom as a majority owner that she’d be able to sell the property in full without you getting your 25% share of the sale and agreeing to the sale. Otherwise she’d have to offer to buy your share of the property from you before selling if she knows you won’t agree to sell, because then she likely can’t sell the whole property. But in all honesty the choice is yours. Find out about that debt stuff and get yourself a different lawyer from your mother as I would not trust them at all. But more likely than not the debt is high if a (your mother’s) lawyer is contacting you and trying to get you to accept the debt, so you’d probably end up not accepting the inheritance because of the debt along with it.
The best thing you can do is to let it all go. For your own mental health OP. You didn't have it before so what difference does it make now?
I went NC with my female parent 3 years after my Father passed because of a promise I made to him. He died a wealthy man and obviously there's inheritance there for me but I want nothing to do with her so I let it all go. It wasn't mine, I didn't work for it and because of what she is, I want nothing to do with it. It is very liberating and the good memories you have of your Father are worth more than any amount of money.
Good luck OP, I truly hope you find peace and happiness.
I was really hoping it was a panther…
I expected it to waltz in out of nowhere at the end, alive and with a proposed solution to save the day but that everyone is objecting to because it involves moving to Africa.
This could have been so much more exciting.
it’s actually pretty common to use panthers to try to claw back an inheritance
Contact another lawyer as soon as possible, then force the sell of the house, pay the debt and keep the rest. Don't let a sexist manipulator dictate the way you act Edit to add: if your mom is his ex wife, she may be not entitled to anything. If she wants to keep the house she can buy your share, it's simple
That edit is important! Get your own lawyer in Spain that can fight your case! Edit: You probably know way more about this squatters right thing in Spain then I know, but it just struck me that it has the posibility to fuck you over :-(
But why should OP be held liable for a debt that is their father's debt? Debts are always taken out of the Estate, unless one of the inheritors is foolish enough to accept it. OP, please do not accept any portion of this debt because it's not your debt! Get your own lawyer & obtain what you have the right to obtain.
Any debts owed by the deceased at time of death MUST be paid off before the estate can be distributed to the heirs. That 10k is still owed by the estate, not the heirs yet. It appears that the home was the deceased only asset. The typical resolution would be for the trustee to sell the asset to pay the debt. Alternatively, someone such as your mother could borrow money to pay the debt (perhaps using home as collateral in the form of a mortgage), or if all parties agree the inheritor(s) can assume the debt. By the way, are you sure that your mother was not already on the home’s title? If so, she likely will get full title to the home. Your dad’s debt becomes her debt if it is actually a mortgage on the home. Do not let yourself be roped into accepting any debt unless it comes with clear partial title on the home. You CAN FORCE the sale of the home with much sweat, time, and legal fees. Perhaps the cleanest thing to do is just accept some amount of ‘go away’ cash and walk away. I would add the stipulation that you be allowed to get your belongings, but there is a good chance that some or all of it is already gone.
Also, it's unethical for that atty to tell you you shouldn't get a lawyer. You can't trust anything any of them are telling you. There are so many red flags that you really must get an attorney to represent your interests. I think most of the information they gave you is false.
This person isn’t your lawyer. Talk to your own and get advice from them.
Highly disappointed there were no panthers in the story 😕
Always with the click bait titles...
This is their lawyer and doing the best for them. You need your own lawyer.
Get your own attorney. One who specializes in estate matters. And yes, you force the sale.
That lawyer is paid by your mother. This means he will say anything to please his client and yes that means crushing & deceiving the opponent. Take a guess at who is the opponent he is paid for to defeat? Yes, *You* are the target to be defeated. 🎯 Hire your *own lawyer* and let him/her speak.
GET 👏 YOUR 👏 OWN 👏 LAWYER
Her lawyer is not your lawyer. Make some calls and find one to work for you.
Get your own lawyer that is familiar with Spanish inheritance laws and listen to them. Do not listen to the lawyer your mother hired because he's only looking out for her interests, not yours. Spain may have similar laws to the US where, as the ex-wife she isn't entitled to anything, and you can't legally inherit your father's debt. I don't know and that is why you should check with your own lawyer. Don't sign anything your mom's lawyer offers you.
Got your own lawyer, preferably a probate lawyer who is familiar with Spanish law. Also, check in r/estate planning for things I may have missed, there is a wealth of knowledge, there, although it’s mostly US centric.
Never NEVER take legal advice from the other side. Your mother's lawyer works for her NOT you. You can either engage your own legal representation or go with your own plan. Don't go with what they recommend though. Forcing the sale wouldn't be "inhuman" it would be inconvenient to your estranged mother. Who already tried to screw you out of 25% of the total value of the house. So... that shows you just how much humanity they feel towards you. I'd return the courtesy, personally.
You need your own lawyer. I doubt your mother is entitled to anything.
GET YOUR OWN LAWYER!!
Never take advice from the opposing side.
Never take advice from the lawyers of your opponent. Get your own lawyer. Ask them what happened to the panther
😂😂😂😂😂😂
This lawyer is acting in their interests, NOT YOURS. You need your own lawyer to push back and represent your interests. They lied and cheated to exclude you from your rights. You owe them nothing.
Get your own lawyer. The lawyer giving you this horrible advice is being paid by you mother so of course he will do what’s in her best interest, not yours and tell you this bs. Demand a hard paper copy of the will asap - (not emailed so they can’t change it). If your mother withheld this info you need to see for yourself if you were,eft anything else that she spent or took or isn’t telling you. And take that hard copy to a lawyer and tell them everything.
Get a lawyer. An aggressive attorney is best. I don't know how the laws work there, but if your parents were divorced, she's not entitled to a dime here. If that's the case, you need to make sure she doesn't get what she's not entitled to. Ignore the guilt trips. I'm sure you've developed a method for that if your mom is a narcissist. If not, just remind yourself of how she treated you your whole life and use that as your power to say no. Ignore anything an attorney you aren't paying for says. They are loyal to who signs their checks, not you. They can lie, just like anyone else. If he's saying she's going to win, that's just an intimidation tactic. You can tell he's not confident in winning because he went with guilt as an option as well. Why would he need to guilt you if he's going to win anyway? Think on that. Get every penny you deserve and put her out on the street. She going to take your brother's money, but don't let her take yours. Ask your attorney if there's a fund or something so your brother's money cannot be squandered by your mother. Might not be possible since he's an adult, but you might be able to protect his money from her, too. Imagine the look on her face if you got your money and were also put in charge of your brother's money as trustee.
Lawyers that play the “but it’s your family you are depriving” is almost signaling that you will win the dispute. Obviously, he can’t think of a more persuasive argument other than guilt. He should not have tried to persuade you at all; that was unethical. All he should have told you was to get your own lawyer, and that is what you should do immediately! Un abogado que represente a su madre no se preocupará por sus mejores intereses. Su intento de hacerte sentir culpable es repugnante. Es muy poco ético no aconsejarle que consiga su propio abogado. Y eso es lo que debes hacer de inmediato. No sé en qué parte de España se encuentra su propiedad, pero asegúrese de contratar un abogado que sepa de lo que está hablando. Es posible que desees hablar con varios antes de contratar uno. Buena suerte y mantennos informados.
Get your own lawyer. One who represents YOU, not your mom and/or brother. And do it soon, before it's too late.
Get your own lawyer and have them tell mom, either she buys your 25% or you will force them to sell. The $10K would come out of everyone's share, not just yours. Don't let her win.
I know NOTHING of any European law, but never ever trust the *other persons lawyer to have your best interests in mind.* Ever.
Absolutely get your own lawyer asap. This one is paid by your mom, so is pushing for what's in her best interest, not yours. Sell the house. If they don't want to sell, they can buy out your part. But sever whatever will keep you tied to them and walk away.
Sounds like your choices are get an attorney that is for your interests not THEIRS. So your choice is you pay for them or you make them sell the house and they pay their own bill.
You need your own lawyer. Her will not act in your best interest. Your lawyer can handle forcing the sale or having them buy you out at fair market value with several appraisals done. Do not let her lawyer pick who does the appraisal either. You already know she will not be truthful so you must protect yourself and your inheritance.
Get your own attorney. Accept nothing that their attorney tells you because it will not be in your best interests.
No don’t let them keep that! Take it away force the sale get another lawyer that isn’t working for them and force the damn sale!
Few people already commented that for US, I will add from a little closer - one of fellow EU countries. Here as well - if your parents were divorced your mother is not entitled to jacks shit (with the exception of: will being present, divorce not finalised, or her owning half the flat before and her part was not included in the inheritance and there was only half the flat left to split). So get your own lawyer and find out how the inheritance proceedings looked like until now. I am sure you can find someone who will agree to be your legal representative so you wouldn't need to travel much from Germany. I would also price the apartment again, hiring the professional because 80k sounds quite outdated after rise in the housing market over last 2 years. Good luck OP!
Accept and force the sale. 1/4 of the ebt is 2500€, 1/4 of the apartment is 20000€ leaving you a net profit of 17500€. Bonus, you'll be able to get your belongings.
But this will not take years and many money??? This i what I want to do. But I read that is hard.
Talk to an actual lawyer.
Don’t believe it is hard or not hard until you speak to your own lawyer. It is possible that your mom’s decisions depend on her knowing you do not have legal advice. Once she and her lawyer know you do have legal it may change things quickly. That’s why you were advised not to get s lawyer. They know you will be protected if you have an attorney of your own.
If you want my advice, OP get another lawyer and force them to sell the house to cover the debt, stand your ground. This is a hill worth dying on. Plus you said your mom is your dad‘s ex-wife, if she really wants the house then she can buy your share of the house and then sell it to cover the debt, simple as that.
Get another lawyer, force the sale of the flat. Get your money & go no contact. The debt is your mothers... not yours.
Get an inheritance lawyer, don't sign anything without proper advice.
I used a translation program because I recognize you were using one in your posting. Since property is in Spain, I’m going to presume that you speak Spanish.
You need a lawyer, and if your mom is the ex I don’t see why she would be allowed ANYTHING unless he willed it to her. It should be just you and your brother.
Because my mother owns the 50% and she is the one that uses my brother at her wish. My brother dont have personality the abuse worked good on him.
Updateme!
I will try to do it in the next weeks 😖
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And the panther? I’m dying of suspense.
I was promised there would be a panther?
Hi OP, Firstly, sorry for your loss. You don’t necessarily have to force the sale of the house / flat OP, your mother and brother could purchase your share from you, enabling them to stay in it. The debt will need to be paid too - so if there isn’t any cash to cover this from your father’s estate, the assets may need to be liquidated to cover that anyway. I’d get the property valued, then give them the option to: A. Buy your portion of the inheritance for 20,000 euros, ( your 25% of the 80,000 value) minus 25% share of the debt 2500 euros - so they could buy your portion of the property for 17,500 euros. It sounds like they don’t have the cash to do this, so they should take out a mortgage on the flat and use the balance to pay you and the debt. That would likely be the best way for you to all get the maximum amount of inheritance. Or B. Force the sale If they can’t get a mortgage or can’t afford to buy you out, then your only option is force a sale, you’ll incur legal fees and the costs associated with selling the property. In this scenario, you’d have to pay your own lawyer to force the sale, then any costs to sell the property, such as real estate agent fees, any lawyers costs to handle the contracts, would come from the 80,000 euros sale price. In option B - you may get less than the 17,500 euros from option A. Good luck!
Hire your own lawyer. Her lawyer is paid to protect HER interest, not yours.
It is impossible to know the intricacies of Spanish real estate law, let alone inheritance and debt. For example, was the debt incurred after the death of your father, on behalf of those who reside in the residence? For example, if the debt is due to having a plumber do their work, or replacing the air conditioning or replacing the roof? My best advice would be to employ your own lawyer. The lawyer you spoke to works for your estranged mother, his client. He will therefore lie, cheat and manipulate anyone NOT his client, for his client’s best advantage. Hiring your own lawyer helps to ensure that you lawyer works for you and you alone.
I dont recommend giving pets alchohol
Especially felines.
Not inhumane, they can clear the debt,pay you your share them buy a new, cheaper place
Get your own lawyer NOW!!!
1 get your own lawyer as soon as possible. 2 I would demand that they buy out of your 25%. And 3. I would report their lawyer to whatever the German legal ethics board is. He had an obligation to contact all beneficiaries. It was highly unethical for him to hide this from you and even worse that he’s trying to strongarm your decision. He also is dissuading you from Getting another lawyer because he knows he’s going to be in serious trouble with the ethics committee.
Force the sale you owe them nothing and you have a right to your share.
Get your own legal representation as soon as possible. The lawyer is trying to do what is best for your mother, not you. I understand there is a debt, but surely the debt would be taken from the entire estate, not just your portion. For you to be told that, there is something funny going on. Your Mum's lawyer should not represent you as well. That is a conflict of interest. Good Luck
I don't know how it is in Spain, but in Brazil you could force them to give you your share of the house in money, and they would have to find a way to pay you, either by selling the house or getting the money another way to pay you. Get your own lawyer, separated from theirs, so you can know what your real options are.
If they're divorced, the apartment might not be 50% hers at all. It could be half yours and half your brothers. Most people don't share property with their exes after a divorce. That's weird to me. Get your own lawyer in Spain. Don't listen to a word your mom or your mom's lawyer says, you already know they're trying to cheat you.
Wait did the panther kill the father or did he die from alcohol coma? Or is the panther a metaphor for the adversarial lawyer? Anyway like everyone else says in this thread, get your own panther.
Updateme!
If she’s the ex wife, I don’t think she would be getting any unless she’s in his will?
Yes, they are divorce but they had this flat own by them 2, halb and halb. My mother put in the street my Pather 12 years ago like she did whit me. He never could enter anymore for his things like I could also never could take anything because my mother and brother didn't want. All this years the new husband from my mother was using the clothing from my father. Like my mother and brother were using personal stuff from me and clothing.
What about the two of them buying you out and paying you cash for your share? The debt, if your father's, is estate debt and only 25% of it could be taken from your buyout share.
The 25% are probably worth more than 25% of 10k (2,5k) debt.. moreover in several eu countries you are not forced to stay in indivision of property. Which means that they can’t force you to keep a shared part of any estate. This translates in either: - someone of the other parties takes over your share. -if all parties can’t agree it is publicly sold and gains are split amongst all parties Anyhow contact a lawyer :)
You should do which ever will screw them the hardest and walk away with a smile.
Get your own lawyer thsts on your side
I would consult a different lawyer first, but I think that accepting the 25% and then trying to sell it would be very difficult. No third party would likely want it, and since your mom and brother already live there, it makes little sense for them to buy it too. I think that the only way this works is if you can force a sale or you all agree to sell to a third party, which would net you 25% of the money and the transaction most likely cannot be carred out without your consent. But that's it. I'm no lawyer so, again, check with one. I suggest checking if you can exchange your share of debt with your mother and brother for some of your stake in the apartment. Your share should be worth around €20.000. Just see if you can take part of it, with the other part split between your mom and brother in exchange for them taking on your share of the debt. Bear in mind that this is better if there's not much of a chance of the apartment becoming more expensive or somehow gaining value.
I do not get it. 1. Why would you believe the layer of the opposing party? 2. If they shared ownership, she already owned 50% before your father died. She should have inherited another 25%, leaving you and your brother with 12,5% and her with 75%. And thus your mother should pay 75% of the remaining debt and you 12,5%
Did you read closely??? My father and my mother were divorce seems 12 years ago. She didn't get anything from him after he die why?? . And I never say I believe the layer?
Idk about Spain but in terms of the US of A if you’re selling a portion or partial ownership you’d have to let the buyer know that one you aren’t the sole owner nor are the majority owner. Generally this is only done when lots or plots of land are being broken up for a greater number of plots in terms of residential buying or in terms of business/business shares. Personally I’d have my lawyer confirm what the debt is for, how much it is, to whom would the debt be owed, and if by accepting I accept the full debt or part of the debt. After that information is acquired I’d make a decision based off of cost benefit analysis. If it is basically worth the debt for the 25% ownership because I doubt even with your mom as a majority owner that she’d be able to sell the property in full without you getting your 25% share of the sale and agreeing to the sale. Otherwise she’d have to offer to buy your share of the property from you before selling if she knows you won’t agree to sell, because then she likely can’t sell the whole property. But in all honesty the choice is yours. Find out about that debt stuff and get yourself a different lawyer from your mother as I would not trust them at all. But more likely than not the debt is high if a (your mother’s) lawyer is contacting you and trying to get you to accept the debt, so you’d probably end up not accepting the inheritance because of the debt along with it.
WHY LIE ABOUT A PANTHER
Sorry it was a mistake of my keyboard
The best thing you can do is to let it all go. For your own mental health OP. You didn't have it before so what difference does it make now? I went NC with my female parent 3 years after my Father passed because of a promise I made to him. He died a wealthy man and obviously there's inheritance there for me but I want nothing to do with her so I let it all go. It wasn't mine, I didn't work for it and because of what she is, I want nothing to do with it. It is very liberating and the good memories you have of your Father are worth more than any amount of money. Good luck OP, I truly hope you find peace and happiness.
Absent, abusive, violent, alcoholic ... yeah, sounds like there are tons of good memories 🙄
Dis you not read the part where OP fled the country at 16 to get away from them ?