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Old 03-04-2016, 10:21 PM
 
Location: Midwest
38,496 posts, read 25,804,161 times
Reputation: 10789

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I know of an elderly gentleman (78) who can hardly walk. Recently, he received a letter from Germany stating that he inherited debt from a relative who was a citizen of Germany and died. This elderly gentleman has been an American citizen for 55 years and hasn't seen this German relative for many years.

The letter stated that this debt could be disavowed if he goes to the German Consulate in Chicago and signs the form in the presence of a German notary. The problem is that this elderly man is not well enough to make a trip to Chicago which is over 300 miles. He called the consulate there but they offered no other options for him. Should a foreign country be allowed to make an elderly, disabled person accountable for debt of a citizen of another country only because he is not well enough to travel and sign these forms?

https://www.hg.org/article.asp?id=21481

Quote:
If you fail to timely disclaim the inheritance in Germany decedent's creditors may sue you and hold you personally liable for decedents debts. German money judgments are enforceable in the United States (which requires prior recognition by a court in the U.S.).
http://www.avvo.com/legal-guides/ugc...der-german-law
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Old 03-04-2016, 10:30 PM
 
Location: When you take flak it means you are on target
7,646 posts, read 9,946,114 times
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Good ghod. This needs to be taken to his Senator for intervention.
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Old 03-04-2016, 10:34 PM
 
Location: Top of the South, NZ
22,216 posts, read 21,658,893 times
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I had the same issue with a dead uncle from Nigeria, who I hadn't even known existed. Fortunately I was able to pay $10000 into a Nigerian bank account, and the official who sent me the e-mail, was able to erase the $1000000 debt my late Nigerian uncle had accrued.
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Old 03-04-2016, 10:39 PM
 
Location: Georgia, USA
37,106 posts, read 41,233,915 times
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The gentleman needs a lawyer with experience in handling this issue. It may be possible for someone to be given power of attorney to go to Chicago and handle the paperwork.
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Old 03-04-2016, 10:40 PM
 
Location: Georgia, USA
37,106 posts, read 41,233,915 times
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Quote:
Originally Posted by Joe90 View Post
I had the same issue with a dead uncle from Nigeria, who I hadn't even known existed. Fortunately I was able to pay $10000 into a Nigerian bank account, and the official who sent me the e-mail, was able to erase the $1000000 debt my late Nigerian uncle had accrued.
No, this appears to be the way German inheritance law works. Heirs inherit both assets and debts.
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Old 03-04-2016, 11:01 PM
 
Location: Top of the South, NZ
22,216 posts, read 21,658,893 times
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Quote:
Originally Posted by suzy_q2010 View Post
No, this appears to be the way German inheritance law works. Heirs inherit both assets and debts.
Sounds like something out of a Dickens Novel.
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Old 03-04-2016, 11:08 PM
 
Location: Newport Beach, California
39,209 posts, read 27,582,466 times
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I could be wrong about this, what about Erbausschlag (rejection of inheritance) He has six months to reject that inheritance since he lives outside of Germany.

He needs a lawyer, I am pretty sure he can notarize the disclaimer declaration in front of a German notary.

All these said, I think it is fair because he can reject the inheritance, he doesn't have to "accept" it. So technically, nobody is forcing him to pay that debt.
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Old 03-04-2016, 11:16 PM
 
28,662 posts, read 18,764,698 times
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Skype is his friend.
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Old 03-05-2016, 12:58 AM
 
Location: Free From The Oppressive State
30,251 posts, read 23,723,072 times
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Why would he have to follow German law if he's a US citizen?
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Old 03-05-2016, 02:10 AM
 
13,711 posts, read 9,228,503 times
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Quote:
Originally Posted by Joe90 View Post
I had the same issue with a dead uncle from Nigeria, who I hadn't even known existed. Fortunately I was able to pay $10000 into a Nigerian bank account, and the official who sent me the e-mail, was able to erase the $1000000 debt my late Nigerian uncle had accrued.
LOL. Good one.

For a couple seconds there I did fell for it.
.
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