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Old 04.08.2019, 05:44
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Deceased Estate

Hello,
Recently my Swiss parent passed away in Switzerland. I am joint heir with siblings. One sibling has taken funds out of the parents accounts prior to our parent passing without power of attorney. The sibling will not give me any information about the funds taken and Iím concerned it may be a considerable amount and could cause the liabilities of the Estate to be greater than the assets. There is a sizable mortgage on the property, 80% I believe, and this makes me nervous with all the taxes and executor/legal/funeral expenses that need to be payed. The sibling is executor of the estate and refuses to give any financial information about the parents assets/liabilities. I live overseas and am not based in Switzerland.
Does anyone know how this process works and how I can apply for public inventory from the local court to find out the financials or is it the duty of the Estate Lawyer or Executor to supply this information if requested? I have requested now from both Executor and Estate Lawyer numerous times and am very suspicious of whatís going on. Any help is greatly appreciated.
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Old 04.08.2019, 09:22
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Re: Deceased Estate

Here's some general info, don't know if it will help or not.

https://www.ch.ch/en/inheritance

You can always disclaim the inheritance which would absolve you from any liabilities/debts from the estate.
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Old 04.08.2019, 09:34
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Re: Deceased Estate

When a decedent dies, an Erbengemeinschaft (heir partnership) is automatically formed of legal and named heirs. All heirs have an equal say regarding the decedent's estate.

An heir has extensive rights to information regarding the decedent's estate. An heir can request the decedent's last tax filing from the responsible tax office. (Swiss tax returns include a list of taxable assets (but some assets are excluded, e.g., pension assets). A public inventory can also be requested.

Cantonal law and regulations govern the procedures to follow to request a public inventory. The canton and possibly city where the decedent was legally resident should be approached.

As a example, these links are to regulations for Canton Aargau and city of Baden:

https://gesetzessammlungen.ag.ch/frontend/versions/666

https://www.baden.ch/de/leben-wohnen...entar.html/105

This is a link to Swiss Federal law on estate inventories, but the details are left to the cantons:

https://www.admin.ch/opc/en/classifi...042/index.html
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Old 04.08.2019, 10:08
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Re: Deceased Estate

Thank you for these links, very helpful information with regard to Public Inventory, etc. really appreciate your help
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Old 04.08.2019, 10:12
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Re: Deceased Estate

Thank you very much Mullholder as this helps a lot to understand the approach to the court for the information.
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