Legal inheritance and candidate are the same
FAQ: This is what heirs should know
In theory yes, but then your son could claim the compulsory portion of his children. It is better to use your son as preliminary heirs and your grandchildren as subsequent heirs in the will. This ensures that your grandchildren will inherit the house as soon as your son passes away.
Can my divorced wife claim a compulsory portion?
No, she can't.
My wife has passed away, I am in a wheelchair. I haven't seen my only son in 40 years; he doesn't care about me. What would he inherit?
If you don't make a will, he'll inherit everything. If you appoint someone else as the sole heir in a will, your son is still entitled to the compulsory portion.
My parents want to hand over the house to my brother. What do I get?
There is no legal regulation for this. It is up to the parents to decide who to give what and to whom not. Nevertheless, it is advisable to find an amicable solution within the family. If the parents die within ten years of the donation, you could claim a compulsory portion as a daughter. As a rule, nothing works outside of this period.
My wife and I live separately, we are not yet legally divorced. If I die now, will my still-wife inherit something?
Yes sure. As long as they are not divorced, your wife will inherit - living apart is not divorced.
I am married with distant relatives. How can I safely prevent them from inheriting something?
In your will, you set what is known as a final heir, i.e. someone who is to inherit after you both have died.
How much is the allowance for my son?
That is 400,000 euros; Anything beyond that would have to be taxed at the appropriate inheritance tax rate.
My husband and I made a joint will. Does the one who lives longer of the two of us still have the option to change the will?
Usually not. The possibility for long-term residents to change the testamentary determinations must be recorded in writing in the will.
My father has passed away, I want to turn down the inheritance. How do I do that?
You have to turn down the inheritance within six weeks. However, a simple letter is not enough. You have to explain the rejection personally before the probate court or have a notarial letter drawn up.
Who pays the inheritance certificates?
Basically the heir or the heirs.
How high is the tax exemption for siblings?
Siblings have a tax exemption of 20,000 euros, which means that everything they inherit over 20,000 euros must be taxed.
What are the consequences of a Berlin will?
The Berlin Testament means that the spouses act as sole heirs and the children only inherit when both parents have died. Each child has an allowance of 400,000 euros.
My sister and I inherit from our mother. Is my husband also entitled to the inheritance?
The inheritance only belongs to you if you have agreed to share property. If not, the money is yours alone.
We have two children, one is a drug addict. We want to disinherit it. How do we do that?
In a will, you make the other child the sole heir. Then the disinherited person still has the right to the compulsory portion, but he has to assert it himself. The compulsory portion is always half of the legal inheritance and always a sum of money.
We gave money to our grandchildren. Can the money be reclaimed if we are in need?
Yes, the social welfare office can insist within ten years of the donation that the money be given out if, for example, you cannot pay the costs of a nursing home and are therefore in need.
My mother's stepdaughter has asserted her right to a compulsory portion. What is it actually and how is it calculated?
The compulsory portion is a monetary claim. In order to calculate it, the heir must draw up an estate register listing all the money and assets of the deceased at the time of his death. After deducting liabilities - for example funeral costs - the compulsory portion is calculated from the so-called net discount.
I have put an heir in my will and wonder what happens if they die before me?
There is no way of knowing that, so it would be good if you could name a substitute heir who will inherit if the heir who was appointed first dies before you.
I will inherit my father, he also has real estate. Will the bank tell me now whether my father is in debt?
No, that only works when the father has died and you can prove your right of inheritance - for example with the certificate of inheritance. If the worst comes to the worst, however, you will not have unlimited liability for his debts. The law provides for the possibility of limiting liability to the inherited estate - the so-called plea of poverty.
Is a will only valid if it was made by a notary?
No. If you handwrite your will, sign it yourself and add the place and date, it is just as valid as a will drawn up in front of the notary. In the case of a privately written will, however, the heirs need a certificate of inheritance if there is real estate.
Who can claim a compulsory portion?
Only heirs of the first order are entitled to a compulsory portion, i.e. spouses, children and their descendants and parents.
What is the tax exemption for me and my mother if the father dies?
The tax exemption is 400,000 euros per child and 500,000 euros for spouses.
Can I completely exclude my son from the inheritance? He is a drug addict and is in jail.
That is as good as hopeless. There has been a change in inheritance law: the immoral way of life as a reason for disinheritance has been deleted. Only in exceptional cases - for example an assassination attempt on the testator, which has to be proven - can there be complete disinheritance. We recommend making a will. Then he only gets the compulsory portion.
Who will inherit my home loan and savings contract?
The home loan and savings contract is part of the general estate unless a beneficiary is named in the home loan and savings contract. Then the contract goes to this beneficiary - regardless of the will or other dispositions
German Association for Inheritance Law and Asset Succession: www.dvev.de
Bavarian Ministry of Justice: www.justiz.bayern.de/
The recently published book "Das Nachlass-Set" by Stiftung Warentest can be ordered at www.test.de.
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