In addition to grief, heirs also have to deal with legal issues. If there is a will, that is half the battle. Misunderstandings can often arise when it comes to inheritance. The most serious mistakes and how you can avoid them.
The death of a person is usually followed by a heritage. And the legacy can also Negative effects on the family and finances. That is why it is important to take care of the Legal basis and common misunderstandings Here are the seven biggest misconceptions about inheritance and legacies.
Who will inherit without a will?
If the deceased has left neither a will nor an inheritance contract, the Legal succession according to the German Civil Code That means: First and foremost the children and the spouse inheritIf there are no descendants, they are replaced by the other relativesreports the “Federal Ministry of Justice”.
Do you have to have your will drawn up by a notary?
In films and series you often see how people draw up their wills or have them certified by a notary. However, this is no differentAccording to “Gansel Rechtsanwälte” you can have your will certified by a notary, but this is not mandatory. However, this Seal from the notary legally confirms the last will.
However, this is only used when the will has already been written. According to “Gansel Rechtsanwälte”, a notary may no legal advice Anyone who needs help drawing up their will should contact an inheritance law attorney. Important: A handwritten will is valid, but it must be written, dated and signed by the will's own hand.
Can all property be transferred to only one person?
According to German law, the testator can fundamentally free to decidewho, er, was and how much he wants to leave behind. This should give everyone the opportunity to decide according to his own ideas what his fortune happened after his life. However, there is one limitation, namely the Compulsory portion.
According to raklinger.de, testators are obliged to leave a certain part of their assets to conscientious people. This is the closest family membersHowever, in the case of the statutory share – in contrast to the inheritance – only a claim to money. And this is usually half of the statutory inheritanceas raklinger.de writes.
After the death of a partner, does everything belong to the surviving partner?
The spouse’s legal share of the inheritance depends on the Matrimonial property regime and number of childrenIn community of property, the spouse inherits a quarter of the estatewhile he is in a community of accrued gains the half In the case of a separation of property, the spouse's share of the inheritance always depends on the number of children.
Still outstanding bills: Can debts be inherited?
An inheritance does not always bring financial wealth, because Debts and outstanding bills can be passed on to the heirsIt is wrong to say that debts cannot be inherited. However, the heirs are liable for the debts of the deceased only up to the amount of the estate.
Can gifts between living people reduce the statutory share?
Those entitled to a statutory share can contest gifts if they are made within the past ten years before the death of the testator The gift is then added to the estate in order not to disadvantage those entitled to a statutory share. However, gifts that More than ten years ago are no longer taken into accountThis means that gifts between living people are not secure and can also reduce the statutory share.
Is there a deadline that must be observed when inheriting?
Yes, there is a deadline in the case of inheritance. The heirs must within six weeks, After they have been informed of the death of the testator, they accept. During this time they can also refuse the inheritance. If this time is not met, the inheritance is deemed to be accepted. (beu)
