Inheritance in Hungary: Liabilities for debts

Inheritance in Hungary: Liabilities for debts

Other than some European legal systems, Hungary foresees only a limited liability of the heirs for debts of the estate.

Heirs are liable for the debts up to the value of the estate. They do not have to pay from their own „purse“.

There are some exceptions though. For one thing the heirs have to finance the expenses of the estate, so all costs arising from the procedure itself, including also the costs of the probate proceedings with the notary. Those costs have to be covered by the heirs themselves, independent of the content and value of the estate.

There is also a certain danger in connection of inheriting real estate in particular. If the real estate is burdened with a mortgage exceeding its value, heirs might be liable for the mortgage. This might occur, if prices for real estate fall over a longer period and stay down. Or if some premises turn out unmarketable. 

In any case it is wise to have a competent lawyer check the estate, for example by having insight into the case-file with the notary´s office in charge of the probate procedure. 

If you need support in your Hungarian inheritance case, you can get into contact with us here

Dr. Donat Ebert
RechtsanwaltLawyer (HU, D)
office-ebert@email.de

Hungarian Probate Procedure – how long does it take?

Hungarian Probate Procedure – how long does it take?

It is not easy to give a clear answer here, since the length of the procedure depends on a lot of factors. For example how many parties are involved, do the parties live in Hungary or abroad, are they represented by a Hungarian lawyer if living abroad, does foreign law have to be applied and so on and so forth.

But of course I want to give you an idea: I now initiated a probate procedure of a non-Hungarian with non-Hungarian citizens, non-Hungarian residents, but Hungarian law to be applied. We will probably have the hearing with the notary in May – at least that is what the notary told me. That would be quite quick. 

What is very helpful usually is to have the parties involved represented by competent lawyers. That not only helps speed up the formalities, but it also helps prepare the overview over the estate that the notary has to do before the oral hearing. 

And obviously it is helpful, if the estate can be distributed during the first hearing without any dispute or conflict. This also takes good preparation, but it is worth it to save time and money for the client. 

If you have any queries concerning a Hungarian probate procedure, do not hesitate to contact us here

Dr. Donat Ebert
RechtsanwaltLawyer (HU, D)
office-ebert@email.de

 

Hungarian Inheritance Law – the compulsory share

Hungarian Inheritance Law – the compulsory share

Hungarian Inheritance Law – the compulsory share is a third of what would have been yours in case there had been no testamentary disposition. 

Many law-systems in Europe, particularly on the European continent know the system of compulsory share. The idea reaches back to Roman Law and wants to leave the closest relatives of the testator not without a „fair share“ of what s/he left behind. 

So if the testator left behind a testament with a disposition that those close relatives would get less than what the law gives them in case there was no testament, Hungarian law still gives them a „share“. Which is 33,33 %. A third. Again: of what would have been theirs, had there been no testament. 

To give an example: The testator leave behind a widow and two children. In his/her testament s/he rules that husband/wife should get everything, the children nothing. Had there been no testament, the spouse and the children would have got a third each of the estate. Since there is a testament ruling different, the children get „only“ the compulsory share, a third. So their share is a third of a third, which is a ninth. 

If you have further questions or have an issue in Hungarian Inheritance law, do not hesitate to contact us here

Dr. Donat Ebert
Lawyer (HU, D)
office-ebert@email.de

Names in Hungary

Names in Hungary

The way Hungarian give and write their names can cause some confusion: Hungarians write their names the other way around: First Family name, then Christian Name (or: „First“ name).

Let´s take an example: 

Hungarians are often called Molnár (English: Miller). A frequent first name is László (Ladislav).

This person´s name would then be in Hungarian: Molnár László. Everywhere else (I heard only the Japanese do the same, but I am not sure about that): László Molnár.

Clear so far?

But that was only the beginning. Now we come forward with the variations for women, particularly the married ones.

A Hungarian girl or lady might be called Ibolya (Violet) by her „first“ name. Familiy name could be  Lakatos (Locksmith). In Hungarian she would be called Lakatos Ibolya. Everywhere else: Ibolya Lakatos.

Now it starts getting complicated: She gets married to Mr. László Molnár. If she chooses to use her name the traditional way, she becomes: Molnár Lászlóné Lakatos Ibolya. The „né“ stands for „wife“, so Mr. Molnárós wife Ibolya (maybe you remember the wife of Michail Gorbatschows was called  Raissa Gorbatschowa. The Russians have their „a“ at the end of the name, the Hungarians their „né“). 

If Mr. Molnár uses a doctor-title, this becomes: Dr. Molnár Lászlóné Lakatos Ibolya. 

If Ibolya also uses a „Dr.“ it becomes:

Dr. Molnár Lászlóné Dr. Lakatos Ibolya. 

No joke. And since in Hungary everybody who finished law faculty or faculty of medicine it admitted a „Dr.“, there is an inflation of „Dr.“s and a tremendous number of „double-doctors“(This „Dr.“ has nothing to do with a „PhD“!).

„Double-doctors“ can still often be found among the older generations of jurists, particularly femal judges – who are often married to lawyers or other judges.

Still everything clear? Then you are a lot faster than I am – for me it took years to understand this.

If with these explanations I have not managed to solve all your problems in Hungary, you can contact me here.

Dr. Donat Ebert Rechtsanwalt - Lawyer (HU, D) office-ebert@email.de

Dr. Donat Ebert
Lawyer – Ügyvéd (HU, D)
office-ebert@email.de

maiden name of the mother: always necessary in Hungary

Maiden name of the mother: always necessary in Hungary

When I ask my clients to sign an authorization, I always have to ask for the maiden name of the mother of the clients.

You would not believe what kinds of answer I got to that questions or what clients sometimes write into the authorization. Usually it is the name of the mother, when the client was born. But this is not what Hungarians want.

Hungarian authorities want to get to know the name the mother of the person was borne with. The full name, first name, family name. And very often the family name changed after marriage.

Example: the client is called Paul Smith. His/her mother is called Pauline Smith. Today. After getting married to Mr. Smith. But before she got married, she might have been Pauline Black. So in Hungary her maiden name would be Pauline Smith. This is what we need. 

And by the way there is some logic to asking the mother´s maiden name :

We usually know the name of the mother of a person. In some cases, the name of the father is unknown, for what reason ever. Moreover there is a lot of „Smith“es, but far less „Smith“, mother´s maiden name Black. 

Is everything clear? Now we have taken the first hurdle to solve your issue in Hungary.

If you need even more support, you can contact us here

Dr. Donat Ebert Rechtsanwalt - Lawyer (HU, D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – Ügyvéd (Lawyer in HU, D)
office-ebert@email.de

 

 

 

Hungarian lawyer – introducing myself

Hungarian lawyer – introducing myself

With this short video, I would like to introduce myself a bit: 

 

If you have an issue in Hungary with authorities, courts, prosecution, police, or you have inherited in Hungary, I can assist you in English. Do not hesitate to get into contact with me here.

Dr. Donat Ebert Rechtsanwalt - Ügyvéd hungarianlawyer@email.de

Dr. Donat Ebert
Rechtsanwalt – Ügyvéd
hungarianlawyer@email.de

Hungarian estate

Hungarian estate – who is competent?

If you have a query, please contact us!

Dr. Donat Ebert

Dr. Donat Ebert
Lawyer – Ügyvéd
hungarianlawyer@email.de

Inheritance in Hungary

Inheritance in Hungary – a short video

Inheritance in Hungary – how we can help you. I prepared a short video to give you a more personal impression.

You find the video here

If you need any more information, do not hesitate to pick up the contact with us here

Dr. Donat Ebert

Dr. Donat Ebert
Lawyer – Ügyvéd
hungarianlawyer@email.de