What happens if there is no will?
March 5, 2023 | 40,00 EUR | answered by Felix Richter
Dear attorney specializing in inheritance law,
I am reaching out to you with an urgent question regarding the inheritance of my deceased grandmother. Unfortunately, she did not leave a will, and my family and I are unsure about what steps to take next.
My grandmother recently passed away, and there is no written will. We know that she owned real estate, cash, and valuables, but we are uncertain about how these assets should be divided. There are multiple heirs in the family, including my parents, my siblings, and myself. We would like clarity on how the estate will be distributed and what steps we need to take.
We are concerned that disputes may arise within the family if clear arrangements have not been made. We want to ensure that the estate is fairly divided and that no conflicts arise.
Could you please explain to us what happens when there is no will and how we should proceed to legally divide my grandmother's estate? Are there any legal regulations that would apply in such a case? What options do we have to ensure a fair distribution of the inheritance?
Thank you in advance for your support and advice.
Sincerely,
Norbert Prestel
Dear Mr. Prestel,
Thank you for your inquiry regarding the inheritance of your deceased grandmother. It is understandable that you may feel uncertain in this situation and are seeking clarity on how your grandmother's estate should be divided, especially since there is no written will.
When a person dies without a will in Germany, the legal regulations on inheritance come into effect. These are regulated in the Civil Code (BGB) and determine who is eligible to inherit and in what order the heirs will be considered. In the case of your grandmother, where no will exists, the legal inheritance rules apply.
According to § 1924 BGB, direct descendants (children, grandchildren) are first considered as heirs. If your parents are still alive, they would be the direct children of your grandmother and would inherit the estate equally. If your parents have passed away, you and your siblings would inherit as grandchildren and divide the estate among yourselves.
It is important to note that the legal inheritance rules only apply when there are no other arrangements such as a will. If you or your family have concerns about potential disputes, I recommend seeking professional help early on. An experienced estate lawyer can assist you in legally dividing your grandmother's estate and avoiding potential conflicts.
To ensure a fair distribution of the inheritance, it is advisable to gather all heirs together and work out a solution together. An inheritance contract or estate settlement can help in fairly dividing the estate and avoiding disputes. A lawyer can support you in this process and provide legal advice to ensure that all legal aspects are considered.
I hope that this information has been helpful to you. If you have any further questions or need legal assistance, please feel free to contact me.
Sincerely,
Felix Richter
Estate Lawyer
