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Starnberg / Munich – Hereditary dispute among brothers – Starnberg

A bitter family dispute over the payment of a property heir in the Starnberg district has been dealt with by the Munich II district court in civil proceedings for years. A 63-year-old man had sued his brother and his son, who were two years younger than him, because they considered him unworthy of inheritance and therefore did not pay him the compulsory portion of around 171,000 euros. Because the younger brother had claimed that the plaintiff had tried 22 years ago to kill him and their father with a gun. The brother always denied this allegation, claiming that he only wanted to scare the two at the time. He allegedly shot her with a gas pistol.

The public prosecutor’s office later stopped the investigation because an intention to kill could not be proven. Judge Andrea Holzhauer referred to this in the civil proceedings and urgently advised the plaintiff to agree to a settlement with a payment of his compulsory portion of 200,000 euros. But the 63-year-old refused the now even higher offer from the defendant relatives. He insisted that the case be dealt with with additional witnesses.

In addition, the plaintiff claimed that the inherited property from the father as the “lowest limit” was worth at least 2.5 million euros. In contrast, the stated 2.1 million euros resulted from a “pure courtesy report” for the other side, claimed the plaintiff at the hearing. The court has now confirmed the 2.5 million euros as the determined market value.

The judge was amazed at the stubborn behavior of the 63-year-old – after he was worthy of being and thus the compulsory portion of the estate could apply. In this phase of the process, the younger brother’s lawyer reacted with a move: The lawyer now recognized the plaintiff’s claim to inheritance of around 171,000 euros plus interest, which his clients had been sentenced to six years ago. The lawyer was thus able to at least end this procedure before the regional court.

Because the proceedings for the much larger estate of the mother, who died a few years ago, continues. The inheritance dispute between the brothers could therefore possibly be conducted even more relentlessly and occupy the district court in Munich.

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