How is the inheritance divided in blended families?
September 21, 2022 | 50,00 EUR | answered by Felix Richter
Dear estate lawyer,
I am facing a complex situation that is causing me a lot of uncertainty and I hope you can help me. My wife and I both have children from previous relationships and we have one child together. Now we are wondering how our estate will be divided in the event of our passing. I am worried that disputes could arise and would like to clarify in advance the best course of action.
The current situation is as follows: My wife has two children from her first marriage and I have one child. Our joint child is still a minor. We have both joint and individual assets that will need to be divided in the event of our passing. I want to ensure that all children are treated fairly and justly, and that no conflicts arise.
My concerns mainly lie in the fact that the legal inheritance laws may not align with our wishes and disputes could arise between the children. Therefore, I am wondering how we should proceed to ensure that the estate is fairly divided and no conflicts arise.
What options are available in blended families to distribute the estate fairly and avoid conflicts? Are there any specific regulations or agreements we can make to ensure that all children are appropriately considered? I would greatly appreciate your assessment and any recommendations.
Thank you in advance.
Sincerely,
Robert Otten
Dear Mr. Otten,
Thank you for your inquiry and your trust in my expertise in the field of inheritance law. The situation you have described is indeed very complex, and it is understandable that you are concerned about the fair distribution of your inheritance, especially in a blended family.
In a blended family where both partners have children from previous relationships, the legal succession can indeed lead to conflicts, as it may not always align with individual preferences and wishes. To avoid disputes and ensure that all children are appropriately taken into account, there are various ways in which you can structure your inheritance.
One option is to create a will in which you can regulate your inheritance individually. You can specify which assets should pass to which heirs and to what extent. In doing so, you can also ensure that your shared child is appropriately considered and that the children from previous relationships are not disadvantaged.
Another option is to establish an inheritance contract in which you and your wife jointly determine the inheritance regulations. An inheritance contract is binding and can only be changed under certain conditions, making it a good way to establish clear conditions and avoid disputes.
Furthermore, you may also consider making lifetime gifts to transfer assets to the children during your lifetime. This can also help prevent conflicts and ensure a fair distribution of the inheritance.
It is advisable to seek advice from a specialized inheritance lawyer to take into account the specific circumstances of your blended family and find the best possible solution for your inheritance arrangements. I am happy to provide you with detailed advice and support you in structuring your inheritance regulations.
I hope that this information has been helpful to you, and I am available for any further questions.
Sincerely,
Felix Richter, Inheritance Lawyer
