What are the rights of a legal heir?
September 16, 2023 | 40,00 EUR | answered by Christiane Melzer
Dear lawyer specializing in inheritance law,
I am reaching out to you to learn more about the rights of a legal heir. My grandmother recently passed away and I have been informed that as a legal heir, I am entitled to a portion of her estate. However, I am unsure about the exact rights that I have and how I can assert them.
My grandmother left a will in which she distributes her assets and names some individuals as heirs. However, I am not mentioned by name in the will, so I assume that I am considered a legal heir. I am wondering if I still have a claim to a portion of the inheritance and how I can assert my rights in this situation.
Furthermore, I am concerned that other heirs or individuals named in the will may try to exclude me from my share of the inheritance. Therefore, I would like to know how I can best protect myself in this situation and safeguard my rights as a legal heir.
Could you please explain to me in more detail what rights I have as a legal heir and how I can exercise them? Are there specific steps or measures that I should take to secure my inheritance and avoid potential disputes?
Thank you in advance for your assistance and expertise.
Sincerely,
Anneliese Rosenow
Dear Mrs. Rosenow,
Thank you for your inquiry and your trust in my expertise as a lawyer specializing in inheritance law. I am sorry to hear that you are in such a challenging situation, but I am here to help you and shed light on the matter.
As a legal heir, you generally have a legal claim to a portion of your grandmother's estate. Even if you are not mentioned by name in the will, you still have legal inheritance rights. In Germany, the Civil Code (BGB) regulates inheritance and the rights of legal heirs. According to § 1924 BGB, the legal heirs are determined in a specific order, which includes grandchildren.
If your grandmother left a will naming other individuals as heirs, it does not necessarily mean that you will receive nothing. As a legal heir, you have a compulsory portion claim, which typically amounts to half of the statutory share. This compulsory portion claim cannot be excluded by a will.
To assert your rights as a legal heir, you should first gather all relevant documents related to your grandmother's estate. These may include the will, deeds of property ownership, or bank statements. I recommend that you then seek advice from an experienced lawyer specializing in inheritance law, who can help you assert your compulsory portion claim and secure your inheritance share.
To avoid potential disputes with other heirs or individuals named in the will, it is advisable to seek an early settlement. An out-of-court settlement is usually in the best interest of all parties involved and can prevent time-consuming and costly legal disputes. Your lawyer can help you find a fair solution and protect your rights as a legal heir.
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 further assistance.
Sincerely,
Christiane Melzer
Lawyer specializing in inheritance law
