Ask a lawyer on the topic of Inheritance law

Inheritance law/Insolvency

July 12, 2010 | 25,00 EUR | answered by Bernhard Müller

Dear Sir or Madam Lawyer,

Thank you for your response to my question. I would like to know the following: I would like to renounce my inheritance and compulsory portion. My daughter, who would be next in line, lives on Harz IV with a part-time job at a school as an educational assistant. However, she is only allowed to keep the amount she is entitled to. She also has a 6-year-old daughter for whom the father does not pay child support, so my daughter receives maintenance advance for her. Would it be more beneficial for her to renounce the inheritance in favor of her daughter, or would it be better for her to accept the inheritance on my behalf? She would then have to cover her own living expenses (and rent) and those of her daughter from the inheritance. However, she has been promised by the school authority to work more hours and earn more from the next school year onwards. We would like to know this in detail so that we do not encounter any difficulties later on.

Yours sincerely,

Bernhard Müller

Dear questioner,

if the 6-year-old lives with your daughter, then they both form a community of needs. This means that if your daughter renounces the inheritance and their 6-year-old daughter accepts the inheritance, the inheritance will be counted as income on the Hartz IV entitlement of the community of needs (your daughter and the 6-year-old) just as if your daughter were to accept the inheritance herself.
Therefore, it makes no difference whether your daughter or the 6-year-old becomes the heir.

Sincerely,
Bernhard Müller Attorney at Law