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In advance in the video: Suddenly lonely: What to do when the partner dies?
When the partner dies, the person who is probably the most difficult for the bereaved is probably one of the most difficult challenges. We reveal what can help in the situation.
Inheritance with debts? Then an approval can be useful. Find out how this works, what time has to be period and what happens to your inheritance.
You inherited, but the estate mainly consists of debt? Then it could make sense to strike out the inheritance. You can find out how this works and what legal deadline you have to comply with here.
Inherit the heir: that must be observed
When a person dies, both the assets and the debts that the person owns pass on to the heirs s). Since rights and obligations pass to the heirs, you should get an overview of the testator's wealth situation as soon as possible.
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If you determine that the deceased has accumulated high debts that may exceed the inheritance, a rejection would make sense.You can refuse a heir within the statutory period of six weeks from knowledge of the inheritance.
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After this period, the inheritance passes to you and you automatically enter the legal position of the deceased.
If you as one of several heirs are fishing your inheritance, there are basically two possible scenarios, depending on the succession and the legal regulations:
- Replacement or heirs take your place
If there is a testamentary regulation or a legal succession that provides for your legal heirs (e.g. your children or spouses) to take your place, then you would take over your inheritance. This happens automatically if you do not knock out too. - Alarm to the other heirs
If no replacement or heirs are determined and nobody takes your place, your inheritance will follow§ 1932 BGB(Appropriation of the inheritance) automatically transferred to the remaining co -heirs. This means that the other heirs of the community of heirs divide up your share with each other.
If you strike your legacy and have minor children, so you also have to refuse the legacy for them.
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A notice:If you have not inherited anything because you may be disinherited as part of a last will, you may be able to assert a compulsory portion claims. If you are entitled to compulsory portion, you have toabsolutely demand. For this purpose, compulsory beneficiaries must contact the heirs s) and obtain information about the heir. There are also corresponding deadlines for this.
An alternative to the heir to the heir is the application for a estate administration. This can be requested from the estate court up to two years after the inheritance occurs.
The court then appoints a estate administrator who pays the debts from the heir. You can also deal with your private assets for the testator's debt.
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