18.12.2020 – 18:51
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Inheritance law is one of the few areas of law that almost everyone is confronted with sooner or later. This can happen in different ways: be it due to a family death that makes you an inheritance yourself or because you are dealing with your own future estate. Since inheritance law is also one of the most complicated areas of law, it can be necessary and very helpful to seek support from an inheritance lawyer.
The succession occurs – what now?
Most people are overwhelmed when they unexpectedly become an heir themselves through the death of a loved one. This is not exactly surprising, because hardly anyone deals with inheritance law and the important aspects of an inheritance before the actual emergency. So if you are suddenly affected yourself, it is advisable to seek legal support from a lawyer specializing in inheritance law as soon as possible, who will clarify any questions and uncertainties. Lawyer Benjamin Horvath from Berlin is recommended at this point: https://kanzlei-horvath.de. The lawyer has many years of experience in the field of law and also has extensive knowledge of Swedish inheritance law. His office is located in Berlin Charlottenburg. Without professional help, heirs usually quickly reach their limits, as there are many factors and deadlines to be observed in the event of an inheritance, the disregard of which can lead to serious consequences under certain circumstances.
For example, it must be taken into account that an inheritance must be accepted or rejected within 6 weeks, that existing contracts of the deceased must be terminated and that the heir may have to apply for bankruptcy. A lawyer specializing in inheritance law also provides support and advice in the case of regulations on inheritance disputes among several heirs, as well as in determining, timely payment or deferral of inheritance tax. Furthermore, it can happen that the will of the deceased is incorrect or unclear, which is why the will of the testator must first be determined through interpretation. The will can be contested (e.g. because of formal errors) up to 30 years after the inheritance. In these and many other cases, an inheritance lawyer knows about all the necessary steps.
The legal succession without a will
Before making a will, it is advisable to look into the general legal succession. This occurs if there is no will. In Germany, participation takes place according to the degree of kinship, with a first-order relative, for example, excluding a second-order (or more distant) relative from the succession.
1. Ordnung (§ 1924 Abs. 1 BGB) Erben sind Abkömmlinge des Erblassers 2. Ordnung (§ 1925 Abs. 1 BGB) Erben sind Eltern des Erblassers und Abkömmlinge 3. Ordnung (§ 1926 Abs. 1 BGB) Erben sind Großeltern und deren Abkömmlinge 4. Ordnung ( § 1928 Abs. 1 BGB) Erben sind Urgroßeltern und deren Abkömmlinge 5. Ordnung ( § 1929 Abs. 1 BGB) Erben sind entferntere Verwandte und Abkömmlinge
In addition, there is the spouse’s right of inheritance. According to Section 1931, the amount of the spouse’s inheritance quota depends on whether he or she inherits in addition to heirs of the first order or in addition to heirs of more distant orders.
Your own will
Writing a will still seems a long way off or unimportant for many people. In fact, however, it can be worthwhile to deal with this at a young age and thus to regulate your own succession. Although everyone has the right to make a will, it is especially necessary if one wishes to deviate from the legal succession. A will is also advisable if you have specific ideas about how your own estate should be distributed, how you want to protect relatives or prevent inheritance disputes. So that you don’t make mistakes in terms of inheritance or tax law in the wording, it makes sense to draw up the will together with a lawyer specializing in inheritance law. This ensures that it is legally valid and that it is actually complied with after death. In addition, a lawyer specializing in inheritance law takes care of depositing the will with the probate court or any later change requests.
Kanzlei Horvath Nürnberger Str. 24a 10789 Berlin Tel.: +49 30 21965700 Mob.: +49 160 90900911 Fax: +49 30 21965702 E-Mail: [email protected] Internet: https://kanzlei-horvath.de
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