How can I claim the inheritance of my deceased partner?
March 20, 2024 | 50,00 EUR | answered by Gerd Möller
Dear Family Law Attorney,
I am reaching out to you with a question regarding the inheritance of my deceased partner. My name is Konrad Kuhn, and my life partner recently passed away. We have been a couple for many years and have built a house and wealth together.
Now I am faced with the situation where I am not sure how to claim my partner's inheritance. There is no legal declaration regarding the distribution of the assets, as we never officially engaged or married. I am concerned that my deceased partner's family may claim the assets, leaving me with nothing.
I am worried that without a legal basis, I will not receive my fair share of the inheritance and would like to know what options I have to secure my inheritance. Are there legal steps I can take to clarify my claim to my partner's assets? How can I ensure that my interests are protected and that I can receive my partner's inheritance?
I thank you in advance for your support and guidance in this difficult situation.
Sincerely,
Konrad Kuhn
Dear Mr. Kuhn,
first and foremost, I would like to offer my sincere condolences on the loss of your partner. It is understandable that you are concerned about your inheritance in this difficult situation and are thinking about how to assert your right to the estate of your deceased partner.
In your case, the question arises of inheritance rights for unmarried couples. Since you and your life partner were not officially engaged or married, the statutory inheritance law automatically applies. Under German inheritance law, unmarried partners generally do not have a legal claim to the inheritance of the other. This means that the family of your deceased partner could potentially have a claim to the estate after their death.
However, there are also ways for unmarried partners to secure their inheritance rights. One of the most important measures you could have taken to secure your inheritance would have been to establish a joint will or an inheritance contract. In such a will or contract, your life partner would have appointed you as heir and thus secured your inheritance rights.
Since such a legally valid declaration regarding the distribution of the estate is not present in your case, I recommend that you seek advice from a family law attorney to clarify your situation and discuss possible legal steps. Your attorney can investigate whether there are other options in your case to assert your inheritance rights, such as recognizing a partnership agreement or enforcing a compulsory portion claim.
It is important that you act quickly and seek professional legal assistance to protect your interests and secure your inheritance. Your attorney will help you assert your claims and guide you through the process to ensure that you receive your fair share of your deceased partner's estate.
I hope this information is helpful to you and wish you success in asserting your inheritance rights.
Sincerely,
Gerd Möller
Family Law Attorney
