How can I ensure that my estate is divided fairly?
September 7, 2022 | 40,00 EUR | answered by Felix Richter
Dear lawyer specializing in inheritance law,
I am reaching out to you because I am very concerned about the fair division of my estate. My family consists of my wife, my two children, and my brother. I own a home, a car, and a significant amount of money in my bank account. I want to ensure that my loved ones are treated fairly and justly after my passing.
Currently, I have not written a will and I am wondering how best to proceed to ensure that my estate is divided according to my wishes. I want to avoid any disputes or injustices. What legal options are available to me to distribute my assets fairly?
I am aware that there are various legal regulations governing the division of estates. However, I want to ensure that my individual wishes and needs are taken into account. Are there specific steps I should follow to properly handle my estate? What role does a will play in this context and how can I ensure that it is legally valid?
I would greatly appreciate your support and guidance in addressing my concerns regarding the fair distribution of my estate. Thank you in advance for your help.
Sincerely,
Peter Rothammer
Dear Mr. Rothammer,
Thank you for your inquiry and trust in my expertise in the field of inheritance law. It is understandable that you are concerned about the fair distribution of your estate and want to ensure that your loved ones are treated fairly after your passing.
In your case, where you have not made a will, the legal inheritance rules apply. These rules determine how your assets will be divided among your legal heirs. In your specific case, your spouse would inherit half of the estate, while the other half would be divided equally among your children and your brother. This can lead to injustices in some cases, for example, if certain family members are more financially needy than others.
To meet your individual wishes and avoid potential disputes, it is advisable to make a will. In a will, you can specify who should receive which part of your estate. This allows you to provide for your loved ones according to your wishes. You can also assign specific assets to certain individuals or exclude certain individuals from the inheritance.
In order for your will to be legally valid, certain formal requirements must be met. A will can be handwritten and signed by you, or it can be drawn up by a notary. It is important that you clearly and unambiguously state who should receive what in your will. Additionally, you should ensure that you were mentally and physically capable of understanding the significance of a will at the time it was made.
It is advisable to seek advice from an experienced inheritance lawyer to ensure that your will meets your individual needs and is legally valid. I am available for a personal consultation to answer your questions and address your concerns regarding the fair distribution of your estate.
I hope that this information has been helpful to you. Please do not hesitate to contact me to schedule a consultation.
Sincerely,
Felix Richter, Inheritance Lawyer
