German Inheritance Laws

121 posts in this topic

1 hour ago, pappnase said:

The kids won't want anything, its all fine there. Once I go there will be no-one else and they will get it all anyway, so seems like it will be easy enough.

 

For your children's peace of mind you have to make a will.

They are basically agreeing to trust you to deliver their share of the house after your death. 

Obviously. It would be quite a nasty situation if they did want you out.

 

But what if later you become infatuated with a 22 year old Asian. And decide to leave everything to her.

Or get dementia and leave everything to the Jehovahs, or the cat benevolent society.

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1 minute ago, MadAxeMurderer said:

 

For your children's peace of mind you have to make a will.

They are basically agreeing to trust you to deliver their share of the house after your death. 

Obviously. It would be quite a nasty situation if they did want you out.

 

But what if later you become infatuated with a 22 year old Asian. And decide to leave everything to her.

Or get dementia and leave everything to the Jehovahs, or the cat benevolent society.

To avoid that scenario a will won't be good enough as it could be changed anytime. You'd need an "Erbvertrag" to give them piece of mind .

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@pappnase, I’m so sorry…awful to have to think about your wife’s will situation too.

 

We’re still piecing my husbands will together. Some main points that we were recently told by a solicitor…as long as you and your wife are parents to your children, there’s no Pflichtteil that your wife’s mother or siblings are eligible to. 
 

Just in case of interest to anyone else….in our situation, my daughter is my husband’s step daughter. He has no other children.  Only his parents would have a Pflichtteil of one eighth of his estate because he has no children of his own. As his father is deceased, his mother would have a Pflichtteil of one sixteenth of his estate. His father’s percentage cannot be passed to anyone else. His sibling has no Pflichtteil. 
 

Some years ago, we were advised that my husband could adopt my daughter and therefore, his mother would not be entitled to any Pflichtteil. However, we didn’t pursue that at the time which is a good because…..now that my daughter is at university, Bafög doesn’t count the income of step parents. 

 

Sending you kindest thoughts pappnase…..

 

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OK Thanks all.

I'm a lot less stressed about this now, especially knowing I won't have to sell up and that my asshole brother-in-law won't get to stick his nose into this. (My sister-in-laws are all lovely but one of them is married to a right twat).

I'll sit down with the kids when the time comes and make some grown-up plans, then we will go to a Notar and get those turned into legalese.

I'm sure in my mind that there is no chance of them not getting their fair share, but it's gonna be better to get it all written down.

 

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22 minutes ago, pappnase said:

OK Thanks all.

I'm a lot less stressed about this now, especially knowing I won't have to sell up and that my asshole brother-in-law won't get to stick his nose into this. (My sister-in-laws are all lovely but one of them is married to a right twat).

I'll sit down with the kids when the time comes and make some grown-up plans, then we will go to a Notar and get those turned into legalese.

I'm sure in my mind that there is no chance of them not getting their fair share, but it's gonna be better to get it all written down.

 

 

Getting it in writing is a great idea.  No headaches later.  There is a thing called an erbgemeinschaft which could mean that you and your kids would own the estate together.  I'm not sure exactly how that works but my neighbour who is on disability is renting his house from the erbgemeinschaft he shares with his siblings.  The erbgemeinschaft bought the house for him.  Another option might be to pay your kids out their share of money and get them listed in Grundbuch as co-owners of the house so that their share is documented.

 

 

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35 minutes ago, pappnase said:

OK Thanks all.

I'm a lot less stressed about this now, especially knowing I won't have to sell up and that my asshole brother-in-law won't get to stick his nose into this. (My sister-in-laws are all lovely but one of them is married to a right twat).

I'll sit down with the kids when the time comes and make some grown-up plans, then we will go to a Notar and get those turned into legalese.

I'm sure in my mind that there is no chance of them not getting their fair share, but it's gonna be better to get it all written down.

 

 

That's good. But since your children say that they don't want anything after your wife's death, I would have that written down with a Notar.

Nobody knows now if they don't need money urgently in the foreseeable future. Or are influenced by your wife's relatives.

You don't have to worry about their inheritance later; they are the only ones that have a right to claim it.

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I have no useful information , i just wish you and your children strength to go through this tough time 

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@Straightpoop Thankyou Thankyou Thankyou.

That is the clearest explanation of a complex subject that I have seen.

I understand now why it could get 'ugly' but I also know my children very well and am confident that it won't. We will be strong for each other and eventually get through this.

 

Also thanks again to everyone else who wished us well, and my deepest sympathy to anyone who has gone through this or who might in future.

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18 minutes ago, pappnase said:

@Straightpoop Thankyou Thankyou Thankyou.

That is the clearest explanation of a complex subject that I have seen.

I understand now why it could get 'ugly' but I also know my children very well and am confident that it won't. We will be strong for each other and eventually get through this.

 

Also thanks again to everyone else who wished us well, and my deepest sympathy to anyone who has gone through this or who might in future.

 

I thought so, too - and was terribly disappointed.

 

Follow my advice.

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@pappnase

 

My experience has been that the death of a key family member can reveal long-hidden but deep fractures fraught with potential conflicts that like a volcano can either continue to simmer slowly or suddenly explode.

 

I also note that time not only can heal all wounds it can also allow the creation of stresses and strains from reordered relationships and developments that can inflict them.

 

Since most of the potential problems of an EG can be best solved before death and that option is not available to you, you really have no choice but to be optimistic. But do not discount the words of caution and wisdom offered by @Sannerl.  At the very first hint of a potential problem (e.g. a child marries and the new in-law begins to exert pressure on your child to raise cash for their own needs:  new house, new car, etc. etc. ad infinitum, the time may then come to formalize your oral arrangements either as part of an EG Auseinandersetzung and/or in connection with your own estate planning arrangements.

 

 

 

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AS a RN, I have also seen how loving relationships can deteriorate with impending death, and after death.  Some harrowing memories involve calling security as some family members, ( previously loving and caring), fight over  property, possessions.

Straightpoop is so  accurate-  get the details properly down on paper and signed- cost of a lawyer is well worth this.  

 

@pappnase-  my heart goes out to you and your family. You sound as if you have a very close relationship with your children, so optimism is  good.

 

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1 hour ago, RedMidge said:

AS a RN, I have also seen how loving relationships can deteriorate with impending death, and after death.  Some harrowing memories involve calling security as some family members, ( previously loving and caring), fight over  property, possessions.

Straightpoop is so  accurate-  get the details properly down on paper and signed- cost of a lawyer is well worth this.  

 

Well - I recommended a Notar.

 

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I believe that some family members become extra loving and caring when they smell death. Nobody knows the real history. I've seen it happen.

 

There was no infighting when my parents passed within 5 months of each other. There are more good cases like that.

 

The most fighting I've seen is when step children, stepwives/husbands are concerned.

 

And still, nothing wrong with being prepared for any possibility. My FIL is almost 98 with 2 sons. I can't foresee any fighting.

 

 

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11 hours ago, Straightpoop said:

But do not discount the words of caution and wisdom offered by @Sannerl

Guys, I had the conversation about this with my kids last night, and we have agreed that later this year we will get some papers drawn up to get things in place. I only wanted to know about my legal obligations.

Please feel free to discuss all the possible ways that family can be horrid to each other, but please don't quote me in any of those posts or share any more advice on this particular aspect with me as I am finding it very upsetting to even consider this possibility right now.

I cannot and will not consider any further damage to my family structures at this point in time, I just don't have the capacity for it.  

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@katheliz Please I have respectfully asked you not to do this. Now with the greatest of respect if you can't resit @ ing me or quoting me, FUCK OFF.

I don't need to know right now and your advice will not help it will ONLY hurt. STOP STOP STOP.

I know things can go horribly wrong.

My kids know things can go horribly wrong, but right now my wife WILL die in the next 2 or 3 days there is NO TIME ENERGY OR PATIENCE for fixing this. As @Straightpoop quite rightly said my only option is to be optimistic. 

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I beg your pardon @pappnase. I didn't intend to hurt you. You've probably put me on Ignore already and I don't blame you. I'm sorry for adding to your pain.

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1 hour ago, katheliz said:

You've probably put me on Ignore already

I didn't block you, you are good people and you were trying to help. I get it.

I just wanted a bit of a more forceful comment out there so that the hurting would stop.

I love all you guys and I know you have my best interests at heart, and I also know that this is a serious topic for lots of us so the sharing of anecdotes and advice is important.

I just don't want an email every time someone talks about how badly this could go wrong.

 

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