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An inheritance dispute prevents an IV pensioner from receiving his inheritance. For the authorities, he is still considered wealthy.
Life has never been easy for 44-year-old IV pensioner Marc Müller (name changed) from the Bernese Oberland. After a traumatic childhood, he struggles with psychological problems and becomes an IV pensioner. Thanks to the supplementary benefits from the Social Insurance Institution (SVA), he manages to make ends meet financially.
Put life back on track
In 2015 his father died. He inherited a third of an apartment building with six rental apartments from his son. The 44-year-old hopes to get his life back on track to some extent thanks to the inheritance. He is aiming to train as a medical masseur, would like to slowly but surely get back to regular work and gradually get rid of IV and supplementary benefits.
At the time of the death of the deceased, the assets are credited to the heirs for supplementary benefits, even if they are not yet accessible.
No more supplementary benefits
Since he receives state support, he is obliged to report the considerable increase in wealth to the responsible social security and tax authorities, which he does immediately. The supplementary benefits (EL) are subsequently discontinued. This is legally regulated, says social law expert Michael Meier from the University of Lucerne: “At the time of the testator’s death, the assets are credited to the heirs for the supplementary benefits, even if they are not yet accessible.”
To this day I have not seen a red pony from my inheritance.
For Marc Müller, this regulation has drastic consequences: “To this day I have not seen a red rap from my inheritance,” he says in the SRF consumer magazine “Espresso”. Reason: The other two parties to the inheritance are opposed to Marc Müller being able to have his share paid out. They also refuse to let him – the IV recipient with mental health problems – share in the rental income.
Marc Müller sued the court for the division of an inheritance. But this has been putting off the decision that is so important for him for years. At the same time, the tax authorities are breathing down his neck: those of the canton of Bern and those of the canton in which the apartment building is located. At least the Bernese authorities would have shown understanding for his difficult situation for a long time, but now they too would demand their share of the – theoretically existing – assets. “The authorities simply have to implement the law,” says social law expert Michael Meier.
Gloomy prospects for the future
Absurd: On paper and for the authorities, the man has been wealthy for eight years now. In fact, debt has accumulated over the years. To make ends meet, he is now dependent on social assistance. Financing hobbies, eating out or going to a concert is no longer possible, he says. And under these circumstances he could forget the desired training anyway.
There is no end or solution in sight to this unspeakable inheritance dispute. And the longer it drags on, the older the man gets, the more his hope of reintegrating into the labor market dwindles. “It looks bleak.”
Eight years is an exceptionally long time
The legal expert from the University of Lucerne says that the division of an inheritance can take months or even years – especially with larger assets or when real estate and rental income are involved: “But eight years is of course a long time. »