Not inheriting any assets / Not taking on any inheritance
December 3, 2009 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
The following case: The relationship between father and son is completely estranged. Before the father's death in October 2009, they had not seen each other for over 20 years. After the father's death, the last landlord now wants the son, as the last relative, to vacate the apartment and pay for renovations. The son does not want to inherit or vacate the apartment and renovate it. There is likely no inheritance, neither financially nor in terms of assets.
Three questions arise:
1.) Does the son need to inform any court in advance that he is renouncing the inheritance, or can he simply do nothing and wait? He has not been contacted by either side, and it is unlikely that there is a will.
2.) Can the landlord make any demands and does he have to reject them? What happens if he does not respond to the landlord at all?
3.) In the event that the father was living on social assistance, can the social welfare office hold the son accountable if they acted as a guarantor for the rental agreement?
Dear inquirer,
Thank you for your inquiry!
I would like to address your questions based on the situation you have described as follows:
1.) Does the son need to inform any court in advance that he is renouncing the inheritance or not accepting it, or does he simply wait? He has not been contacted by any party, and it is unlikely that there is a will.
The son is not obligated to inform the court or any other entity of anything; he simply has the option to do so. The son has 6 weeks from the moment he becomes aware that he has inherited to declare renunciation of the inheritance to the competent probate court (the district court in which the deceased last lived).
If he simply waits and does not take action, he may risk missing the 6-week deadline. However, as mentioned earlier, this deadline only starts once the son becomes aware of his inheritance.
2.) Can the landlady make any demands, and does he have to reject them? What happens if he does not respond to the landlady at all?
The landlady can make demands only if the son accepts the inheritance. If he timely renounces the inheritance, the landlady generally cannot make any demands against him.
If the son effectively renounces the inheritance, he can reject the demands.
Even if the son were to accept the inheritance, the lease agreement would need to be examined to determine if there is a valid obligation to renovate. Many renovation clauses in lease agreements are in fact considered invalid by case law and therefore not enforceable.
3.) In the event that the father was on social assistance, can the social welfare office hold the son liable if it acted as a guarantor for the lease?
This could potentially happen and is not uncommon in practice, as under § 1601 of the German Civil Code, relatives in direct line are obligated to support each other financially, meaning children are also responsible for their parents if they are in need.
I would like to point out the following:
The legal advice I have provided is solely based on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the facts.
Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful. Feel free to contact me for further questions through this portal or via my email address.
I wish you a pleasant Friday morning!
Sincerely,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
