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kabbes69
1 year ago

Then the divorced ones had not agreed on the remains of the house.

The will is opened, with notarial will, in some areas, the land register is also corrected for expulsion. Otherwise, a formless request.

In the private will, neighbor needs an inheritance certificate and the basic book is corrected. The consent of the co-owners is not necessary here.

If the neighbor actually became father’s sole inheritance – he inherits all the estate and you can ask for the funeral expenses. In addition to the already mentioned mandatory part.

A lot of inheritance tax for the neighbor….

If there is still a joint loan from the divorced ones on the house, neighbor will inherit half here.

I would definitely wait the 6 weeks after the opening with the lawyer. (If you are certain that you have understood the will correctly!!!).

If neighbor accepts inheritance – he can also assign a basic debt to his half-share in order to pay the obligatory part.

If you want to live in or even live in it, a good time for the mother would be to transfer your share.

If the mother should live in it – she should also be a lawyer, best not the one who advised her to the divorce agreement.

holgerholger
1 year ago

It’s not that easy. The wife and the children inherit part of the paternal household. You should be advised.

LePetitGateau
1 year ago
Reply to  holgerholger

The divorced wife inherits nix more;) We don’t get out of a new marriage if we don’t get anywhere. Otherwise, there is a maximum of a compulsory share in this case, but does not mean that the neighbour does not have the 50% of the house or that the compulsory shareholders would have entitlement to the house share (not specifically in the example)

peterobm
1 year ago

the will will be opened, only with it can follow further steps.

as the ex is still in the basic book, you will continue to be the part. only heirs she becomes nix

the neighbor must assert the claims by inheritance certificate. there is no related relationship so he only has a free amount of €20,000 everything else he will have to pay.

Mother, there seems to be children who are of course eligible. but this is all in the will. It’s not that easy.

Claud18
1 year ago

If your mother is still 50% in the basic book, you’ll also own this half of the house. Your father can only inherit his house. There are still legal heirs (children) have this claim to the mandatory part.

LePetitGateau
1 year ago

Apart from other genetic themes that can be included here : The 50% belong to the neighbor and with the share he may also register in the basic book. Also against the will of the other 50% owner

LePetitGateau
1 year ago
Reply to  Heinz541

Then it may be that the neighbor (partly) has to pay out, depending on the available cash. (and if this is necessary, the neighbor must also sell its share again)

Do not change the fact that the child has no claim to the property

All more should clarify a lawyer

Whatelse23
1 year ago

If the father has inherited his 50% to the neighbors, his name and your mother are now in the land register.

Either one pays the other if he wants to live inside, and both sell and share the yield.

Interesierter
1 year ago

The first question is whether this will can actually obtain legal validity.

As the father apparently was only a pro-shared owner, he was not empowered to inherit the house. In the case of fractional property, it can only have its own share. He can’t do anything with all his hands. Then it was only common.

We don’t know what’s exactly in the basic book and the will.

In addition, the neighbour would have to use the statutory heirs’ mandatory claims when the inheritance occurs.

I would advise you to consult a specialist.

Kessie1
1 year ago

He can be entered in the land register with a certificate. He then owns 50% and your mother remains 50%.

Of course he has to pay you your duty. However, you do not have a claim to the basic book. Mandatory part always means the cash claim.

Altersweise
1 year ago

This can give rise to serious disputes.

If your mother was married to your father when he died, then she has a considerable duty on her inheritance.

Before there is no inheritance certificate, nothing is entered in the land register.

That sounds like a case for the lawyer.

Altersweise
1 year ago
Reply to  Heinz541

If your mother’s in the land register, it seems to be half the house. As I said, this is a case for the lawyer. The neighbor who inherits the house could have to pay a lot.

wilees
1 year ago

“Schmunzel” – the father was able to testamentally the Nacharn max. his share of the property inherited. However, your claim for inheritance remains – at least 50% of the legal claim for inheritance… that would be 25% of the property value here if you were the only child of the estate agent.

Only an inheritance certificate can be issued for the hereditary community and then entered in the land register. Please contact the competent local court by submitting a basic copy and a copy of the will.

DerHans
1 year ago

Then the father could not completely inherit the house.