Wie und was wird Vererbt?
Eine gute Freundin von mir (14) hat mir erzählt das ihr Vater zurzeit öfters beim Anwalt und so alles war und ein Testament erstellen lassen hat. Ihr Vater ist nicht mehr der Jüngste (62).
Sie hat 2 Brüder und 2 Schwestern aber mit ihren (Halb)Schwestern(ü30) hat ihre Familie so gut wie garkeinen Kontakt, sie sind beide aus der Vorherigen Ehe ihres Vaters. Ihr (Halb)Bruder(19) aus der Vorherigen Ehe ihrer Mutter(41), Adoptiert von ihrem Vater und mit ihren anderen Bruder(4) mit den sie die gleichen Eltern hat.
Nehmen wir an (hoffentlich noch nicht) das ihr Vater plötzlich sterben würde, wie wäre es dann mit dem Erbe? Ich will sie nicht fragen, weil es mich ja nicht angeht aber es interessiert mich einfach. Was wird in so einem Testament alles geregelt? Was wird alles vererbt? Wird immer vererbt? Muss man so ein Testament erstellen?
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With a will he can determine an heir of his choice. This must not be his children or his wife.
Legally (without will) the wife would inherit half (if marriage is brought into profit) – the other half inherited his biological and adopted children.
Even with a will, he cannot, for example, prevent his children from being first married to whom he has no contact, from being able to claim their duty in the testamentary heirs.
And until his death he can change his will as often as desired.
great explanation, as I just read by chance.
If there is a will, no one here can know how it was designed.
Without will, the legal succession comes into effect, after which the current spouse and the biological and adopted children inherit.
You don’t have to create a will, but it is recommended if you want to make regulations that deviate from the legal succession (because, for example, a child to whom you have no contact is to inherit less or first the spouse and only after his death the children).
So, theoretically, you could also write that the children should not be any heirs or? And if it goes after the legal succession, are the children or the wife first or even both? Will everything be inherited equally? And if he wasn’t married and had no children, who would heirs????
Yes, you can also enter children and partners. However, this leads to the fact that they still get the mandatory part – that is half the legal inheritance. Depending on how the will is designed, the wife first inherits and only after her death the children. If the children do not want to do this, they can demand their duty at the death of the father, but this is just half the legal inheritance.
Depending on the marital status of marriage, wife and children inherited equal parts or the wife 50% and the children share the remaining 50%.
Without their own family, the parents inherit and, if necessary, Siblings or distant relatives.
You can only enter the children under very few circumstances. Direct relatives always have a duty. For example, the Berlin Testament sees that everything goes to the spouse first and only once it dies, the children are considered. If the children ask for their inheritance beforehand (the subject is always close to them!), they get exactly that. When the children wait, they get beyond the mandatory part what their parents have thought of them.
agree with the writers
but
also important is a power of attorney (possibly even a general authority)
a power can cover various areas
Health, finance, ownership, etc.
and even empower different persons with individual areas. everything can be agreed exactly. Thus, not only must one person be entered for all areas. This is a matter of design. Like the will.
The power of attorney – also beyond death (important) – always comes to bear if the author himself cannot decide or act (e.g. Koma). The last word has always been the author as long as he can hold. The doctors are then, e.g., instructions for information to third parties
The power of attorney is therefore actually more important or more important than the will, as it can regulate things before living. In addition, an inheritance certificate, which also costs money, may be dispensed with.
Both power and will can help to avoid a lot of trouble and costs. Both can and should, in my opinion, be done at a notary.
As the only son of my parents, I had such a (general) authority, it has enabled me to receive information from doctors if they did not want it. (for example, in case of mistakes) at that time has approx. EUR 270.
all the good for the father, who, by the way, “not yet belongs to the old iron”. I’m BJ too. 1962
Michael
Contact or not is irrelevant. Legal relationship is crucial. His wife and all his legal children are entitled to their duty. It’s hard to handle.
He can actually inherit from pretty much everyone. For example, he can leave everything to your letter carrier. They can then sue their duty.
Without will, the wife would inherit 50% ..The children will share 50% (only the biological children)
In a will, it is possible to regulate everything differently, but the children can claim a mandatory part, that is half the legal part. So 4 children would get 1/8 each..
It is also possible to have a common will in which spouses use each other as a single inheritance and then to insert a passport that those who, when the first parent is dead, demand their duty to enter later. But for that, a lawyer should formulate the will.
In the normal case, a handwritten will suffices in which only those who are inherited are written.
There are also verdicts that people or institutions can get certain items or money. Z.b. Frau is a solo partner, but 10000 euros go to Greenpeace, drn Porsche gets Felix and the rolex gets Erwin.
“Without the will, the wife would inherit 50% ..The children share 50% (only the biological children)”
that is so wrong: adopted children are equal to the biological children
This is correct, I gave to children in a patchwork family, who are rarely adopted by the new partner.
In larger assets, however, the adult adoption can be a good trick for saving inheritance tax.
but:
“Therefore, family judges allow adult adoption only when
If these conditions are not met, Judges shall refuse applications in accordance withSection 1767 para. BGBfrom. ” source http://www.advocado.de
The property of the entire estate of the estate is inherited (money, jewelry, furniture, real estate, cars, files, debt, garbage, just everything that was the property of the estate agent).
If there is no will, the legal succession applies. For example, wife 50% and child 50%. For two children, 25% etc.
The legal succession only regulates how the asset is to be divided, but not who now gets exactly what the fortune is.
With the will, the estateer can first set another succession. He can change the division and also appoint persons as heirs, who would not be inherited according to law. In addition to a few exceptions, however, it is not possible to enter the heirs from legal succession to have at least one compulsory part.
Furthermore, in the will it is possible to determine who to get what. For example, wife should get house and child 1 jewelry and child 2 the car, the always helpful neighbor should get the sailing yacht etc.
You can thus become much more concrete in the will than in the legally regulated succession.
And this also makes it clear when you should create a will: whenever the legal regulation is inadequate from the point of view of the inheritor.
Let’s not take the example together children. Suppose you learn to know someone who already has children. You love the children who may be grown up and look at them as their own. The legal succession would not be concerned with it. In the will you could consider the children as heirs
Or you’re in a partnership, but not married. However, the legal succession only concerns spouses. You could then e.g. a will in which essentially only about this is what says “My partner is to be treated as if we were married.”
The heirs, by the way, have no duty to enter the heritage. You can knock it out. If there are no heirs, the state will inherit.
“You can become much more concrete in the will than in the legally regulated succession.”
the succession regulates a percentage distribution and not at all what to get. “Konkreter” is not correct
I don’t understand where you want to find a contradiction or a mistake.
To name something in the will is more concrete to me than to have no indication from the legal succession who gets what.
Exactly. Because a will can be greater than NULL concrete, it can be more concrete than the legal succession. 🤷
Sorry, you can see this, of course, but with “taste thing” it has nothing to do, it’s just wrong. The succession is NULL concrete when it comes to the contents of an inheritance. There are wills for that. But everyone has the right to his own mistakes, already well
Oh. Then you’re just interrupting my wording. Taste.
in the legal succession – nothing at all – is regulated except the percentage distribution. In the will not only more concrete but only at all.
He is inherited according to what is in the will. If there is none, there is a legal succession.
I don’t want to ask her because it doesn’t concern me…
Did you answer yourself??