Ask an European Law Question, Get an Answer ASAP!
This is an email from attorneys in Brussels regarding my decased brother and his predeceased wife.
Concern : SUSSKIND / GOLDBERG
M. Réf : MK / 13212
I write to you directly in quality of Mr Amos and Mrs Noah and Michele Süsskind’s lawyer, as far as you have confirmed to me that you don’t have a lawyer anymore (Me Philippe Markiewicz whom I called indicates me that he personally knows the Süsskind family, so that he can, if necessary, intervene as conciliator, but could not assure your defense against my clients).
Your notary, Me Matthieu Derynck wrote to me that he had confirmed to you that the apparment of Forest in which Mrs Monique Süsskind and your brother lived is Mrs Monique Süsskind’s sole property. Therefore, you don’t have any rights on this property.
However, as written to your previous lawyer, Me Menschaert, on February 5th, 2013, despite many requests, you still repossessed the furniture which are still in the apartment (either your brother’s personal belongings or Mrs Süsskind and your brother’s in common furniture that your brother has inherited after his wife’s death).
It is obvious that you clearly gave up making an inventory of those belongings.
My clients wish to repossess the apartment, which is impossible as long as you leave your inherited furniture.
Would you, as soon as possible and in any case for the end of this week, either confirm to me that you refute the ownership of the above-mentioned furniture or make arrangements to pick them up by June 8th last deadline ?
I have to bring your attention to the fact that as long as you don’t release the apartment, my client could demand a compensation of occupation from you since your brother’s death on November 18th, 2012.
On basis of a rental value estimated at €1.250, my clients could thus demand you an amount of €7.916,70 (until May 29th, 2013) increased by €41,67 per day of delay to release the place.
I have to insist so that you take a stand extremely quickly regarding this matter.
On the other hand, you will find one more time in appendix a copy of the total amount of the common charges stopped on September 20th, 2012, before the death of your brother.
These charges which constituted your brother and his wife’s common debt for the previous period of Mrs Süsskind’s death then your brother’s debt as far as he had the usufruct of the building until his death, thus falls to you completely.
It is about a main amount of €3.626,49.
These accommodation charges have to be paid directly to the account of the co-ownership nr BE15 3101 3574 5930. Afterwards, I would appreciate that you send me the proof of payment.
More over, my clients would like to know about the situation of the apartment in Israel as well as bank accounts and other liquid assets for which the Israeli law could apply : as a matter of fact, if I am not mistaken, according to the Isaeli law, my clients could claim a third part of the succession of the Israel real property and the movables, in this included the accounts and other “immaterial movables”.
I thank you for indicating to me if you have hired a possible solicitor in Israel to take care of the liquidation of your sister-in-law’s succession and if necessary to communicate me the copy of one or several declarations of succession which have eventually been written, ideally translated in English.
As Me Markiewicz is prepared to serve as intermediary with the aim of a negotiated solution that my clients would privilege, as you would, I suppose, I will send him a copy of this letter.
One more question My deceased brother moved $300,000 from a Swiss account to a Bank of America account in California and named my other living brother (heir) as bebeficiary with POD (payment om death) can the family of the predeased wife claim any of that money?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).