25.09.2016 | answered by Jan Wilking
At some points, it is claimed that a privately kept handwritten will must be submitted to the probate court in a sealed envelope in the event of death, as it could allegedly become invalid if accidentally opened. On the other hand, the formal require...
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03.08.2016 | answered by Jan Wilking
A widow has two children and several grandchildren and great-grandchildren. Due to advancing age, mobility impairments, and dementia following a stroke, she could no longer stay in her own apartment and had to be admitted to a nursing home for long-t...
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06.11.2015 | answered by Jan Wilking
Maintenance as a gift under inheritance law
Until the death of my mother, my sister lived alone and completely free of charge in my mother's condominium. My sister consciously chose to forgo housing benefits from the social welfare office.
Now, aft...
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27.05.2015 | answered by Bernhard Müller
Good day,
We are a relatively young couple with 2 minor children. In case of emergencies, we would like to have a will prepared to ensure that the surviving spouse can fully inherit the deceased spouse's estate.
We would use the following text for ...
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26.04.2015 | answered by Stefan Steininger
Our mother has passed away and the three of us children inherit in equal shares as final heirs (will available). One of my brothers is going through personal bankruptcy.
In my mother's documents, I found a writ of execution that came from the opposin...
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23.11.2014 | answered by Tobias Rösemeier
Dear Sir or Madam,
If one child inherits 2/3 of the estimated value of the parents' home and commits to caring for the parents, does the other child, who has already been paid 1/3 of the value, have a claim to a portion of the saved cash assets afte...
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20.02.2014 | answered by Jan Wilking
In the will, my mother wrote: "I appoint my 6 children as heirs. ... Gottfried shall not receive any money." I only received 1 vase and a three-piece fish cutlery set as items. The gold ring of my father, which I was supposed to receive according to ...
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08.05.2013 | answered by Jan Wilking
Three daughters form an inheritance community specified in the will after the father's death (previously undivided inheritance community). In addition to cash assets, the daughters' inheritance includes a property (single-family house). Each heir's s...
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26.09.2012 | answered by Jan Wilking
Good day,
In September 2011, I got married abroad (for the second time), explicitly with separation of property. A week later, I signed a purchase contract for a condominium in Germany. The negotiations had taken almost two years and the seller had ...
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01.03.2012 | answered by Jan Wilking
Dear Sir or Madam,
My husband has passed away. We have 3 children together, and my husband has one child from a previous relationship. We have a joint will, a Berlin will, which names me as the sole heir. However, I have received a request from the ...
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09.12.2011 | answered by Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
There is a sole heir,
there are also legacies for children/grandchildren
In addition, an executor has been appointed
(6 years)
Question:
How can the legatee access the money legacy most quickly and securely if the executor is exp...
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15.11.2011 | answered by Dr. Danjel-Philippe Newerla
Hello,
After completing an apprenticeship and studying, my daughter has no desire to work. She wants to live on social welfare benefits (Harz4) for the rest of her life and rely on basic provisions in old age.
Question:
Can a government agency use...
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11.08.2011 | 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 i...
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18.07.2011 | answered by Bernhard Müller
Hello,
I would like to ask for a recommendation/advice/assessment in the following situation:
- Widowed lady (80 years old)
- €170,000 property
- €120,000 cash assets
with 2 children
- Son A (60 years old) married, 2 grandchildren
- Son B (58 year...
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02.06.2011 | answered by Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
We have the following situation:
My husband (= EM) (many years older than me (= EF)) has 2 adult children (= A + B) from his first marriage; we have a child together (= C), our multi-family house was acquired by EM alone through ...
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17.05.2011 | answered by Jan Wilking
Good day,
My wife passed away in February 2010. In her will, she appointed her 3 children from her first marriage as heirs. She granted me a lifetime right of residence as specified in her will. Until her death, we lived in a community of gains in t...
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09.05.2011 | answered by Steffan Schwerin
Does a biological daughter have a compulsory portion claim if the father's 100% share in a GmbH is inherited by someone else? Can a creditor legally enforce the compulsory portion claim or inheritance supplement claim of a debtor if the debtor has wa...
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02.05.2011 | answered by Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
We have the following situation:
My husband has two adult daughters from his first marriage. We have a 17-year-old disabled son together. Our joint assets (real estate and cash assets) amount to approximately TEU 500. We intend to...
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22.02.2011 | answered by Bernhard Müller
Dear Sir or Madam,
In 1974, our mother passed away. The existing property was divided among the heirs as follows:
Father: half
Mother's half: Father 1/2, daughter and son each 1/4
In 1983, it was stipulated in an inheritance contract that the son w...
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16.02.2011 | answered by Steffan Schwerin
I am divorced and have the following question:
The biological father of my 10-year-old child is considered very unreliable and selfish. Therefore, it should be avoided that he can dispose of my daughter's inheritance share. Here is the wording in th...
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11.02.2011 | answered by Bernhard Müller
1. In the will of my stepmother, from whom I am not adopted, a sole heir was appointed and I was bequeathed a legacy, which was tied to the condition of also taking on the funeral expenses and all estate liabilities. How can I defend myself against t...
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20.12.2010 | answered by Jan Wilking
Dear Sir or Madam,
My question regarding inheritance law:
My great aunt recently passed away and left an inheritance. In her will, she named my mother (her niece) and my aunt (also her niece) as sole heirs. There are no other heirs. My mother is cu...
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10.10.2010 | answered by Bernhard Müller
I have recently been appointed as the sole heir. The will specifies that the only daughter should receive the condominium owned by the deceased. The daughter is therefore a "mere" legatee and entitled to a compulsory portion.
However, this condomini...
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20.07.2010 | answered by Andreas Scholz
Hello,
My grandmother lives in a nursing home and wants to appoint me, her granddaughter, as the sole heir of her savings. She has a daughter, my mother, who she does not want to inherit anything. In this context, as I have the power of attorney for...
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12.07.2010 | answered by Steffan Schwerin
Dear Sir or Madam Lawyer,
The situation is as follows: My husband passed away over three months ago. In 1986, we wrote a joint will, which was deposited at the district court. The will has already been opened.
In our will, we stated that if I were ...
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