How is the inheritance divided among multiple heirs?
February 21, 2022 | 45,00 EUR | answered by Felix Richter
Dear Lawyer,
I am reaching out to you because I am unsure about the division of an inheritance among multiple heirs and would like to seek your expertise.
The background is as follows: My father recently passed away and has left behind a significant amount of assets. I have two siblings with whom I must share the inheritance. So far, we do not have a clear idea of how the inheritance should be divided, as there are various assets such as real estate, investments, and valuable items.
My main concern is that the division is fair and transparent, so that there are no disputes among us siblings. I am worried that conflicts could arise if it is not clearly regulated how the inheritance should be distributed. Therefore, I would like to know from you what the legal regulations are regarding inheritance division and what options exist to find a fair solution.
Can you please explain to me how the inheritance is divided among multiple heirs and what steps we, as heirs, need to consider to ensure a fair distribution? Is it also possible to create a will to determine the distribution of the inheritance during my father's lifetime?
I thank you in advance for your help and look forward to your support on this important matter.
Sincerely,
Lucas Hoffmann
Dear Mr. Hoffmann,
Thank you for your inquiry regarding the division of an inheritance among multiple heirs. It is understandable that you are concerned about a fair and transparent distribution of your deceased father's assets in order to avoid disputes among you and your siblings. I would be happy to explain the legal regulations and options available to you in this situation.
In general, the Civil Code (BGB) regulates the statutory succession and the division of the inheritance among the heirs in sections 1922-1930. If your father did not leave a will, the statutory succession comes into effect. In this case, you and your siblings inherit in equal parts, unless there are specific provisions in the will. This means that the inheritance must be divided equally.
To avoid disputes and find a fair solution, I recommend that you and your siblings inventory the estate and determine the value of the individual assets together. Afterwards, you can decide together how the inheritance should be divided. It is important that all heirs agree and that the distribution is transparent and comprehensible.
If you and your siblings cannot reach an agreement, it is possible to involve a mediator who can assist you in resolving the conflict. A specialist lawyer in inheritance law can also help you in this situation and provide legal advice.
Regarding the option of a will, your father could have created a will during his lifetime and specified how his assets should be divided after his death. If your father left a will, you should definitely check it to see if there are any specific provisions regarding the division of the inheritance.
I hope this information is helpful to you and I am available for any further questions you may have. Please do not hesitate to contact me if you need additional support.
Sincerely,
Felix Richter
