#4-Simmerville: Swims versus Tammer
---------------------------------------------------------------------------

Case closed May 25, 2006.

Alt 4 =43%: 
Because there are different heritage laws, and nobody did anything wrong back then, the heritage should not be changed, but Goovuda, Gullina and Elton should pay §1.500 each to Burton Swims.

-------------------
Introduction:
--------------------

Burton Swims was born after his father, Garton Tammer, died, and sdays after Garton Tammer's other 3 children had inherited him. Burton Swim's mother, Cassenda Swims, claims that her son, still a toddler, has the right to inherite his father.

A child has the right to inherite its parents, if the parents are known. 

Garton Tammer had no testamente, when he and his wife Huin stepped back, their 3 children Goovuda, Gullina and Elton were heirs by law. This happened as their oldest child, Goovuda, became an adult. According to law the main heir was to have 75% of the heritage, the remaining heirs to share the rest. 

§44.356 = total heritage from Huin & Garton Tammer
§33.267, Goovuda (Tammer) Loveless
§5.545, Gullina (Tammer) Montpellier
§5.544, Elton Tammer 

At the time when Garton Tammer died, the law was adjusted, the main heir should have 50% and the other heirs to share the remains. At this time Burton Swims was not yet born. 

Today, when Ursenda Swims is claiming heritage for her son with Garton Tammer, Burton Swims, the local inheritance law has changed once again - now all same level heirs are to share equally. 

This case is complicated because the law was changed between the Tammers' original heritage and when Mr Tammer's 4th heir was born. Several laws are therefore involved.

It's clear that Burton Swims is not inheriting Mrs Huin Tammer's share of the total values, so the case is about 50% of the totals, §22.356.

-------------------
Testimonies:
--------------------

Ursenda Swims: 
(Mother of Garton Tammer's 4th child, Burton Swims)
I'm Burton's mom, I live downtown and Garton moved in with me and we had Burton. I was already pregnant when Garton died. We never discussed any heritage, and I became aware of the problem after the birth, when Garton was already dead. I have no money, and I want Burton to have a good start in life. So I claim for him to get his fair share of the heritage from his father. I don't really care a lot about how much he gets, and I know it won't be a lot of money either way. I just want Burton to know that he got what he was entitled to. 

Goovuda (Tammer) Loveless: 
I was the main heir from dad and mom. I inherited §33.267 including the house at 3 Hunter Road. It was 75% of the totals according to law of heritage. I sold the house when I married and moved out. I don't have a lot of money today - we do fine, but we just don't keep a lot of cash. I do think it's just fair that my new halfbrother gets a sum after our dad, but I don't think it's fair that I should be charged more than my two siblings, just because I was main heir back then. Am I to blame that the law favoured the main heir with 75%? 

Gullina (Tammer) Montpellier: 
I am Goovuda's twin sister, my hubby bought the house at 3 Hunter Road from Goovuda. I don't think the house is interesting here, it has nothing to do with the heritage because it was bought with my hubby's savings, not my heritage. Today I run the Bonnie's Beauty Salon there - welcome to a makeover you won't forget, hihi! I got only §5.545. Not a lot of money, and I have no savings. I think my twin sister who got a lot more should pay Burton! We had 3 kids and it's really hard. The house is too small, too. We really can't pay him anything! 

Elton Tammer: 
I inherited 12,5% of the totals after mom and dad. It was like §5.544. I think the most important here is that our new halfbrother gets some money, which can be arranged without consider what heritage law to go by. I inherited only §5.544, so Burton Swims should not claim any more. In fact I think it would be fair if we 3 pay him a total of §4.000 - Goovuda could pay §2000 and Gullina and I could pay §1.000 each.

-----------------
Solutions:
-----------------

Alt 1 = 19%: 
There is no changes to original inheritage. Burton Swims gets no money from his dead father because the heritage was already done and Mr Tammer had no money left to share when Burton was born. 

Alt 2 =8%: 
The original heritage should be completely redone following the law that was valid back then. Goovuda T. will keep 75%, while Gullina, Elton and Burton share 25%. 

Alt 3 =30%: 
The original heritage is no valid, the heritage to be completely redone following the law that was valid on the day when Garton Tammer died. The totals should therefore be shared equally between the 4 heirs.

Alt 4 =43%: 
Because there are different heritage laws, and nobody did anything wrong back then, the heritage should not be changed, but Goovuda, Gullina and Elton should pay §1.500 each to Burton Swims.