Claim to cash assets
November 23, 2014 | 40,00 EUR | answered by Tobias Rösemeier
Dear Sir or Madam,
If one child inherits 2/3 of the estimated value of the parents' home and commits to caring for the parents, does the other child, who has already been paid 1/3 of the value, have a claim to a portion of the saved cash assets after the last parent's passing?
Dear inquirer,
Thank you for your inquiry.
Unfortunately, your description of the situation is very brief and lacks certain information that is necessary for a complete legal assessment.
In general, the following can be said:
It cannot be ruled out that the second child, even if it has already received an advancement during the lifetime, may still have a legal claim to the estate.
If the second child is disinherited in a will, there may be a claim for compulsory portion supplementation under § 2325 of the German Civil Code.
If there has been no disinheritance, there may be a claim for equalization under § 2050 of the German Civil Code.
If you provide more details about the situation (specific inheritance situation/content of a will), a more specific legal assessment would be possible.
Best regards,
Tobias Rösemeier
- Attorney at Law -
... Are you also interested in this question? 
