Hereditary crime about yeast boss: Nursing service boss should receive assets - public prosecutor turned on
Created: 12/31/2022 8:07 am
By: Verena Moeckl
The public prosecutor's office was turned on because of an inheritance in Passau (symbol image).
© Angelika Warmuth/dpa
In Passau, the nurse of a deceased rich 95-year-old is said to inherit his fortune and the estate of the poet Carossa.
Lawyers are suspicious.
They smell fraud.
Passau - autumn 2021: Niels Armin Kampmann, the former head of the Passau FX Wieninger yeast factory and son-in-law of the well-known poet Hans Carossa, is dying.
He has no children.
He is cared for by a nurse who has been looking after him since the death of his wife Eva, the daughter of the poet Carossa.
Shortly after Kampmann died at the age of 95 on September 11, 2021, two wills suddenly appeared.
The now 54-year-old managing director of the nursing service is to inherit his money, his property and the poetic estate of Carossa.
Lawyers are skeptical and turn on the public prosecutor.
Is it a scam?
Two wills surfaced after Kampmann's death: public prosecutor turned on
Actually, the probate court deals with such cases.
But "there is a suspicion that the testator did not write the will himself, but that it was forged by the nurse," said the Passau senior public prosecutor, Walter Feiler, when asked.
According to the public prosecutor's office, there are concrete indications.
The nurse is already known to the court.
She is said to have tried to cheat on Kampmann while she was still alive.
"She is said to have persuaded the testator to issue a power of attorney for her to look after her assets, which is valid after her death," says senior public prosecutor Walter Feiler.
Lawyers feared at the time that the head of the nursing service could embezzle the assets, because the nursing service provided monthly bills in the high five-digit range.
Caregivers as heirs possible?
Exception for outpatient services in Bavaria
It is not unusual for carers to be designated as heirs.
"This happens again and again, but it is ineffective," says Paul Grötsch, Managing Director of the German Forum for Inheritance Law.
According to the Bavarian Nursing and Housing Quality Act, it is not legally permitted for nursing staff in nursing homes, assisted living communities and assisted living groups to inherit the assets of people.
“The dependency of the person in need of care to their caregiver is great.
This can be exploited by exerting pressure, sometimes consciously or unconsciously," says Grötsch.
The legislature also wants to avoid that rich home residents who promise a stately inheritance are favored by caregivers.
But there are exceptions.
"Day and night care and outpatient care services," says inheritance law specialist Grötsch.
In the Carossa case, nothing stands in the way of the heiress by law, since the outpatient nurse was taking care of an individual.
"There are no regulations in Bavaria regarding the authorization of outpatient services to accept discounts," says the Bavarian Ministry of Health.
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Handwritten will found: public prosecutor orders investigation
The public prosecutor's office has now commissioned a graphological report from the State Criminal Police Office.
This is to clarify whether the will really is the handwriting of the deceased.
What will happen to the apparently stately Carossa estate is unclear.
The head of the nursing service does not want to comment when asked.
According to the prosecutor, she claims that the document is genuine and wants a certificate of inheritance.
"It's still an open question whether it can be proven that the will is forged," says Feiler.
He hopes that the result of the report will be available in the next three months.
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