Stuart O

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About Stuart O

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  • Location Munich
  • Nationality British / German
  • Gender Male

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  1. Obtaining Funeral Costs from a Deceased Person's Estate

      @StraightpoopI want to say a massive thanks for this. Having the law to reference is a great help.   As is, I am now in good contact with the only heir in the process (guardian to the deceased person's son) and with them accepting that the funeral costs need to be paid as soon as they have the inheritance certificate, I'll resign myself to wait out the probate court to do it's thing.   I would only have one last question. I have been noted as a distant relative and been given the opportunity to claim inheritance. I know that the deceased person's estate is actually just large enough to pay the funeral costs, but I also know that the estate is indebted. Would me claiming inheritance somehow mean that I take on this estate's debts personally? I only ever wanted to retrieve the costs for the funeral.   Big thanks to everyone here,
  2. Obtaining Funeral Costs from a Deceased Person's Estate

    Well, I will stay away from that. I only thought that if I were an heir I could instruct the probate court to make the funeral costs payment to myself. Seeing as I'd be culpable for other costs I will resign myself to badgering the guardian of the only heir to instruct the funeral costs payment as soon as possible.
  3. Obtaining Funeral Costs from a Deceased Person's Estate

    Another related question would be, if I make a claim of the inheritance as a distant relative will I be responsible for any debt of the deceased person?
  4. Obtaining Funeral Costs from a Deceased Person's Estate

      The guardian is courteous enough and I trust that they do not yet have the power to instruct payment. Still, I am not against sending a registered letter demanding payment. I just don't want to get on the bad side of them just yet.  
  5. Obtaining Funeral Costs from a Deceased Person's Estate

    Good day all, thank you everyone for all your help. Sorry for this late reply. I have taken a moment to quote your questions and answer them below.   I appreciate this is not a normal sinario and one that not many people would be inclined to get involved with. However, the guardian had no desire to do more than the very basic with regards to the funeral. Still thank you for your reply.   In summary; I am indeed a relative of the deceased - if only a distant one. I have no desire to receive any inheritance - only the costs for the funeral. I am in contact the  Rechtspflege but this person is not prepared to advise - stating only that I should involve a lawyer, which I do not want to incur further costs with. Having said this, I have contacted the lawyer which @Chelskikindly recommended. Perhaps this lawyer can offer some free or low cost help/advice. In the end, seeing as I can make an inheritance claim should I do this merely to instruct the court myself to pay me for the funeral costs from the deceased person's estate? Could I just leave it with the other more direct heir (rather, their legal guardian) to pay me for the funeral costs? And again, how do I correctly make these costs known to the heir and the court? At this state the heir (their guardian) has acknowledged the costs and the receipts thereof - is this sufficient.   Again, big thanks to you all, you have been a real big help.
  6. Obtaining Funeral Costs from a Deceased Person's Estate

    Good advice. I have just got a response from a letter I sent. But they are not happy to advise and are merely telling me to get a lawyer.   Is there anything like a citizens advice bureau in Germany or a way to merely register the funeral costs to be considered during probate?
  7. Obtaining Funeral Costs from a Deceased Person's Estate

    Yes, this person in charge is not willing to communicate by email. I sent a letter and all I get is an email reply saying that can't pay the costs, no further advice.
  8. Obtaining Funeral Costs from a Deceased Person's Estate

    Many thanks @karin_brenig very much appreciated.   I guess my question now is, how do I best go about finding a lawyer that can merely help with obtaining the funeral costs from the probate court in Munich? Is there a list of approved lawyers that I should work through? Is there perhaps an point of advice that can aid in the proccess?   Before getting a lawyer how can I make the funeral costs known? The court is not responding via email be being abroad (another continent) makes post near imposible. Having said that, I did write a letter but got an email notification merely stating that they can't act on the letter. It's all odd. I wondered if there was some form or method that I am missing to merely provide the funeral costs and have them paid to me. I have all the legitimate receipts.   Has anyone else done this?
  9. A relative has died and their estate is at the probate court in Munich. I am abroad and having a very hard time contacting the court or anyone to pay the funeral costs from what might be left of the estate. I wondered if there was some formality, letter template or form to complete with the receipts of the funeral expenses that I paid? Do I really need a lawyer to do this or can I do this myself, if so how? If I need a lawyer how do I find an inexpensive one for this formality? Any advise would be amazing.
  10. Changing your surname in Germany

    Just thought I should return here and let anyone who's interested know of my experience regarding this process. If you have any questions you can ask here in a reply or send me a direct message on this website (I have email notifications enabled for new messages).   Firstly, I undertook the process almost entirely online and did not need to attend any office in Germany. I dealt with the Munich office as that was the last place in which I resided in Germany. I am a dual British/German national and although changing name in the UK was very easy, via deed poll, the German process seemed daunting. The messages on this forum from others gave me the motivation to continue. I also saw that living my live in the UK with a new name, that Germany would not recognise, would present problems when attempting to renew my German passport - with next to no current documentation in my old name; driver's license, UK passport, banks and utility bills all being in my new name.   I visited the city's website, in my case at this page https://www.muenchen.de/dienstleistungsfinder/muenchen/1063702/n0/. But in your case you can find your relevant contact by searching 'Familiennamensänderung' and the state/city where you last lived or are presently registered. I was also initially put off by the costs given of €50-€1500 with no guarantee of success. This turned out to be just a minimal fee in my case. I'll explain later.   I completed all the standard fields in the form. I am male and was not doing this due to a marital name change, the reasons were/are personal but from my perspective they are critical and valid. I used the box in the form to give my reasons in the order of personal importance. I included brief reasoning and linked to information that I felt warranted the case being made. I expected to have to argue any point when the application would be reviewed. Thankfully and to my relief, they were interested in proceeding based on my last reason, that I had changed my name in another country and were living under that name legally there (in this case the UK an EU state at the time). Many of the half dozen other reasons I gave would most probably have required a lengthy process and included psychological reports and the arguing of effects present. It appeared that under a law, I had no knowledge off, changing ones name in another EU country makes it easier to reflect that change legally in Germany. The article is found at this link and the one quoted to me by the clerk in Munich https://dejure.org/gesetze/EGBGB/48.html ( § 48 EGBGB ). The other, important aspect that counted in my favour was that I had submitted this before the UK actually left the EU. The clerk admitted that this would not have been a possible reason once the UK was out of the EU despite a transition period.   All the while from submitting the completed form to completing the process I communicated with an official and her secretary help via email. I needed to email them scanned coppies on my German and UK passport as well as certified translations of my UK deed polI (I used this excellent service at a cost of €45, uploaded the PDF file and they sent to certified translation to the clerk in Munich). I only had to make one visit to a local German embassy (at the time this was in South America). The visit was to have the signing of a name change declaration witnessed, it cost €25 (a redacted copy of what I signed can be seen here). This was easy and is a service bookable on most German embassy websites. If you do this too, you can use the embassy's mail service to send the declaration document back the clerk in Germany. In hindsight, due to them not offering tracking I would use an international courier service instead and send it myself to the clerk in Germany.   After the clerk returned from a few weeks holiday and under a local coronavirus lockdown I was notified by email and sent both a PDF scan and then a physical copy of the name change certified document that I have made available here (personal info has been redacted) for anyone that's interested. The fee charged in the end was a mere €12.   Without § 48 EGBGB I believe this would have been a lengthy process, testing and expensive task. As it applies to EU states, I do not believe dual nations of German and US citizenship for example could use this article. Nor do I believe British-German nationals could use this now either. I hope that I am wrong and that it is indeed still applicable. I would feel great if someone after me completes this process as easy as I had found it. I would be grateful to hear your own experiences in changing your name, perhaps follow up with a post here. I wish you all the best.