Real estate inheritance community
August 11, 2011 | 35,00 EUR | answered by Jan Wilking
Hello,
we are 4 siblings and inherited 2 properties (in 2007). One is a hall, currently rented out with a joint account in place. The other is a 3-family house, with the attic apartment vacant since January 2011 and the ground floor becoming vacant in September 2011. Our mother has a so-called full right of use for this house. In 2009, a contract was signed fulfilling a legacy, in which our mother waived the right of use for the hall. (See also attachment.) Communication is very difficult, as I do not receive any numbers or facts about the residential property, and proposed tenants are rejected without any information on how much the rental income has been. I have now decided to waive my share and withdraw.
So my question to you is: how can I most easily and cost-effectively exit the inheritance? I have read about a settlement agreement - does that make sense in this case? A sister also asked me if I would like to have the attic apartment as a condominium. This would not make things easier either, as it would involve significant costs that I simply cannot afford. I understand the will to mean that I will only be entitled to my compulsory share in the future? This is also what I want.
I am already retired, so a solution that does not incur high notary or lawyer fees is very important to me.
Thank you for your efforts and kind regards.
Dear advice seeker,
I am happy to answer your inquiry taking into account the description of the situation and your contribution as follows:
An inheritance community can be divided in various ways (e.g. separation agreement or lawsuit). In your case, the so-called "partial distribution" could be a cost-effective solution. In the context of a partial distribution, one of the co-heirs leaves the inheritance community. By leaving the inheritance community in this way, one can no longer claim any rights to the estate later on, which is why the corresponding co-heir usually receives compensation. The remaining heirs in the inheritance community have a proportionally larger claim to the estate by having one member resign, as the estate would be divided among fewer people in the event of division among heirs.
If an heir decides to go through with a partial distribution, a corresponding partial distribution agreement must be made among the co-heirs in order for the entire process to be legally binding. Such an agreement must be in writing, but otherwise is not subject to any rules. Therefore, there is no formal requirement for a partial distribution agreement, allowing the corresponding heir to simply draft a document declaring their decision to go through with the partial distribution. Additionally, notarial certification is not even necessary, making partial distribution one of the simplest and most cost-effective ways to divide an inheritance community.
Notarial certification is only required if real estate is to be provided as compensation. Otherwise, notarial certification of consent to change the land register is sufficient, which is much cheaper than notarial certification, allowing you to save a large part of the notary fee.
However, since substantial assets seem to be involved in your case, it is strongly recommended that you consult a local lawyer specializing in inheritance law for advice before making a final decision and discuss the situation with them based on access to all documents. For example, there is also the option of selling your share in the undivided estate (e.g. to another co-heir). You can also generally demand division, either by mutual agreement with the co-heirs or through a division lawsuit.
I hope this provides you with a helpful initial orientation. If you have any further questions, please use the free follow-up function. Please keep in mind that without knowing all the circumstances, I cannot provide a final recommendation in the context of this initial consultation.
Best regards
