How can I settle my inheritance to avoid disputes in the family?
February 1, 2024 | 45,00 EUR | answered by Oliver Breitwieser
Dear Family Law Attorney,
My name is Hildegard Seebauer and I am facing a difficult decision regarding my inheritance. My husband recently passed away and did not leave a will. We have two children, both of whom are adults. My husband and I jointly own a house, a car, and a shared bank account.
I am concerned that there may be disputes between my children after my passing, as they have never gotten along well. I want to ensure that my inheritance is fairly divided and that no conflicts arise.
I am wondering how best to handle my inheritance to avoid these disputes. Should I write a will to clearly and explicitly state my wishes? Or are there other legal options to distribute my inheritance fairly and prevent conflicts?
I would appreciate any advice you can provide on how to best handle my estate matters to protect my family from potential disagreements.
Thank you in advance for your help.
Sincerely,
Hildegard Seebauer
Dear Mrs. Seebauer,
first and foremost, I would like to express my sincere condolences on the loss of your husband. It is understandable that you are concerned about the distribution of your inheritance, especially if you fear that there may be disputes between your children.
In your case, since your husband did not leave a will, the laws of intestacy apply. According to German inheritance law, you as the wife inherit half of the estate and the other half goes to your children. Since your children are both adults, they can generally dispose of their inheritance freely.
To avoid potential disputes and ensure that your inheritance is distributed according to your wishes, I strongly recommend that you draft a will. In this will, you can clearly and explicitly outline how you want your assets to be divided. For example, you can specify that your house, car, and bank account should be divided or transferred to one of your children.
Another way to avoid disputes is by establishing an inheritance contract. In an inheritance contract, you can establish certain provisions with your children that are binding for all parties involved. This can help prevent misunderstandings and conflicts.
It is important that you seek legal advice when drafting your will or inheritance contract to ensure that your wishes can be legally implemented. An experienced family law attorney can help you find the best possible solution for your estate matters and protect your family from potential disputes.
I hope this information is helpful to you and I am available for any further questions.
Best regards,
Oliver Breitwieser
