A reader wonders about the existing means of knowing the amounts transmitted to other heirs at the end of an inheritance.
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Gaétane, reader of Capital, asks us the following question: “My grandparents died in 2015 and 2017. I have two brothers who received money following their deaths. I would like to know if there is a procedure so that I can find out the amount they received. My father died in 2020. My mother does not want to open the estate. How can we resolve the situation?”
Hello Gaétane, and thank you for your question, which allows us to return to the rules in force regarding inheritance. You would like to know if you can access information regarding the amounts inherited by your brothers after the death of your grandparents. Unfortunately, “you do not, in principle, have a direct right to information about your grandparents’ estate, because you were not heir: your brothers were undoubtedly legatees”points out Thomas Prud’Homoz, associate notary of the KL Conseil firm.
Distinguish between reserved heirs and legatees
Indeed, it is necessary to distinguish, during an inheritance, heirs and legatees. It seems that your grandparents wrote a will mentioning your brothers. However, even with a will, the deceased(ies) must reserve part of their assets for certain “obligatory” heirs, called “reserved” heirs, who in this case are your parents. And they can then allocate the remaining share (called “available quota”) to the people of their choice (your brothers).
Succession and inheritance: the glossary to understand everything
As such, you do not a priori have any right to review your grandparents’ estate. However, it turns out that you are also necessarily a reserved heir of your father, so you cannot be excluded from his inheritance. “You can therefore ask a notary to open his estate”recalls Thomas Prud’Homoz, and “if your mother persists, a formal notice to participate in the inheritance operations can be given to her”. The formal notice is a legal procedure which consists of summoning a person to fulfill their contractual or legal obligations. You can, for this process, be helped by a notary or use a bailiff.
However, opening your father’s estate could help you in your search. The latter “being, he, heir of your grandparents, this could allow you to access information concerning their inheritance, and therefore to know what your brothers received», recommends Thomas Prud’Homoz.
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