Are you looking for a lawyer specializing in inheritance law in Frankfurt?
Then you have come to the right place with our law firm in Frankfurt specializing in inheritance law.
In a generation and community of heirs, it is important to deal with the consequences of inheritance law provisions at an early stage. After all, even before the inheritance takes place, clarity about the resulting inheritance law situation and its consequences is the basis for the future drafting of wills and bequests. A lawyer specializing in inheritance law in Frankfurt can clarify relevant inheritance law issues in time with regard to inheritance contracts, compulsory portions or details concerning the regulation of inheritance.
A death is always associated with emotions and therefore inheritance law disputes in families are often conducted emotionally. In order not to completely lose the objective distance, the advice of a lawyer specialized in inheritance law in Frankfurt is certainly recommended.
Therefore, get timely assistance in inheritance law from our specialist lawyer for inheritance law in Frankfurt am Main, so that not only affection and a personal sense of justice play a role in the drafting of wills and bequests, but that we, as lawyers and partners for inheritance law in Frankfurt, find an optimal solution of the inheritance with all legal details.
Our many years of experience as lawyers and inheritance law specialists in the settlement of estates and the drafting of inheritance contracts guarantees you a realistic and detailed assessment of the costs of your inheritance matter, your testamentary disposition and your inheritance. To ensure that your wishes as a testator are safeguarded beyond your death, we recommend that you seek the advice of a lawyer specializing in inheritance law in Frankfurt.
Your inheritance law lawyer in Frankfurt will support you in negotiating agreements between heirs, in assisting communities of heirs (e.g. in conducting partition auctions) and in enforcing rights to a reserved share (e.g. claiming valuation of objects of inheritance: the heir must have, for example, a building, jewelry, paintings valued at the cost of the estate).
The main task of an inheritance law lawyer in Frankfurt is to elaborate the family situation, existing relationships and partners, potential heirs, as well as your questions, expectations and objectives at the beginning of each inheritance law mandate and to submit them to an evaluation according to inheritance law.
Do you want to protect your assets from seizure by the state? Do you have questions about the heirs’ legitimate rights? A lawyer specializing in inheritance law from our law firm in Frankfurt am Main can help you in advance.
The range of services offered by our lawyers in Frankfurt also consists of advice before the inheritance takes place and your lawyer will be happy to inform you, for example, about an inter vivos agreement or an incapacity will.
Inheritance Lawyer Frankfurt
A death in the family is often the occasion to reflect on whether the legal succession corresponds to one’s own wishes and ideas or whether one wishes the succession of assets to be regulated in a different way. At such times, the support of a lawyer specializing in inheritance law can be very helpful.
The rules of inheritance law are often complicated, so it is more important than ever to deal with the provisions of inheritance law in good time and to contact a Frankfurt inheritance law lawyer, who will inform you in an inheritance consultation, sort out the requirements and organize the succession.
Clarity about what will happen when the succession takes place helps when drafting a succession document. Our Frankfurt inheritance lawyers can provide this clarity.
Inheritance law is regulated in Sections 1922 to 2385 of the Fifth Book of the German Civil Code (BGB) and comprises the set of legal rules by which property rights and property obligations pass to another person upon the death of a person. In addition, there are numerous regulations (e.g. commercial and civil law) and in many cases tax law must be consulted. Every person has the right to so-called freedom of will, i.e. the right to bequeath by means of an inheritance regulation or an inheritance contract. With so many different legal regulations in question, it is advisable to seek advice on inheritance law from a lawyer specializing in inheritance law at our law firm in Frankfurt.
The will is the main form of testamentary disposition. The latter can be formulated alone or (if you are married or living in a registered partnership) jointly. In a testamentary document, the testator can first of all name his heirs. He can determine the share of the estate (e.g. one-third or one-half) with which the heir is to share in the estate. In addition, a will can stipulate inheritances, anticipated bequests, division orders, as well as preliminary and subsequent inheritances. If these options of inheritance law are not used and no testamentary provision, such as a will or a contract of inheritance, is made, legal succession applies. If you have any questions in this regard, our attorneys specializing in inheritance law in Frankfurt will be happy to assist you.
Find a lawyer specialized in inheritance law in Frankfurty and discuss together the following questions:
- Who will be the legal heir?
- Who is entitled to a reserved share?
- What is the share of an estate?
- How can I make sure that there are no disputes among the heirs after my death?
- Does it make sense to have an executor?
- Are you an heir?
Then it is in your best interest to find out the following from your probate lawyer in Frankfurt:
- Do I need an inheritance certificate and where can I get one?
- How much does the certificate of inheritance cost?
- What is a community of heirs?
- What can I do if the deceased has left debts?
- How can I limit my liability?
- What is an inheritance contract?
The lawyers specializing in inheritance law at our law firm in Frankfurt am Main will be happy to advise you in detail on the subject of inheritance and provide you with valuable legal advice. This is because inheritance law, unlike many other areas of law, has been supplemented by many new court decisions in recent years and is still in a state of flux. Our lawyers specializing in inheritance law in Frankfurt constantly follow this change and are therefore always excellently informed about the latest developments in inheritance law.
So far, there are only a few “adjudicated” subfields of inheritance law. This makes the work of lawyers specializing in inheritance law in Frankfurt am Main so interesting, because there are still many adjustment screws of inheritance law for the experienced lawyer to turn in favor of the client. Our lawyers specializing in inheritance law in Frankfurt always have the optimal result for you in mind.
Inheritance Lawyer Frankfurt
In order to regulate the inheritance beyond the legal succession, there is the will and the inheritance contract.
The first is the most common case of the last will and testament. It deals with the distribution of the inheritance. In a testamentary document, the testator names his heirs. This last will document can be of a public or private nature. This means: The ordinary public will is delivered to the office of a notary in Frankfurt am Main for registration. At the request of the notary, this deed is additionally deposited in a special official custody at the probate court in Frankfurt am Main. Thanks to this official custody, the danger of loss, of the testamentary disposition being withdrawn or of it being falsified at a later date is excluded.
The civil registry of the deceased’s place of birth is then notified of the custody. If the death occurs, it notifies the court in turn so that the succession document can be opened.
However, consulting a lawyer for inheritance law in Frankfurt has other advantages:
In the case of a will drafted by a layman, content errors often slip in, which can often have serious consequences. Experience has shown that inheritance documents drafted by oneself without the assistance of a lawyer or a lawyer specializing in inheritance law in Frankfurt can trigger disputes due to different interpretations by the heirs, which often end up in litigation lasting for years.
This can be avoided by seeking qualified legal assistance in drafting this individual inheritance decree. The lawyers specializing in inheritance law at our law firm in Frankfurt will be happy to assist you.
Legal advice from a lawyer specializing in inheritance law in Frankfurt when drafting the will increases the likelihood that the testator’s will will will be in the proper form. In addition, a notarial will often saves the heirs the costs of an inheritance certificate.
Ask our lawyers for inheritance law at our law firm in Frankfurt am Main or Aschaffenburg. Our lawyers will be happy to inform and advise you (also by telephone).
Preparation of living wills and health care proxies
Provisions must be made not only for death, but also in the event of illness. With increasing life expectancy, the risk of mental deterioration and consequent lack of legal capacity increases. Once this occurs, it becomes difficult to support the affected person. Therefore, with the support of a lawyer specialized in inheritance law, you should take care of the professional preparation of your living will and the corresponding power of attorney for health care in good time. We will be pleased to assist you with our expertise in inheritance law and advise you according to your wishes as your partners and lawyers for inheritance law in Frankfurt am Main.
Many people have very specific ideas about how they would like their funeral to be. To ensure that these wishes are carried out after death, they often formulate them in their will. Our lawyers specializing in inheritance law in Frankfurt will be happy to assist you. This inheritance document is always an instruction to the beneficiaries. However, as the legal obligation for the funeral almost always lies with the relatives, who are not always the heirs, this can lead to difficulties in the process. This is because the funeral must be held immediately after the death of the deceased and the will is often not opened at that time, so that the wishes of the deceased are often acknowledged too late. To avoid this, it is advisable to have a funeral decree in which the details of the funeral are regulated by your Frankfurt inheritance law lawyer.
Inheritance law recognizes various forms of wills. Which one is best suited to your specific life situation you can find out by consulting one of our lawyers specializing in inheritance law in Frankfurt. One possibility is the Berliner Will, a special form of joint will. In it, spouses or partners name each other as sole heirs. If one partner dies, the other partner inherits the entire estate first, either as a limited preinheritor or as an unlimited full heir. As a preliminary heir, he cannot dispose of the estate unless the testator has stipulated otherwise, but can only use it. On the other hand, as a full heir, he may freely dispose of the inheritance. Restrictions of inheritance law then only exist in the case of alternate dispositions, i.e. in the case of joint dispositions that cannot be changed. Children or other heirs only become final heirs after the death of the second partner. Do you have any questions about this? Our lawyers specializing in inheritance law in Frankfurt will be pleased to advise you.
Partition and adjudication of the inheritance estate
In inheritance matters, a liquidation is equivalent to the division of the assets of a community of heirs among its members after the settlement of any existing estate liabilities. In principle, each heir is entitled to a settlement, unless the testator has stipulated otherwise. The settlement is regulated by an agreement between the heirs. If the succession has already been determined by will or inheritance contract after extensive consultation with a lawyer specializing in inheritance law in Frankfurt, problems can be avoided beforehand. If the heirs do not reach an agreement, a probate court can be used. As lawyers specializing in inheritance law in Frankfurt, we are also familiar with the resolution of complicated inheritance law cases.
If a deceased person dies, the search for his or her relatives is called heir tracing. This is because if the relatives of a deceased person who can be heirs on the basis of legal succession cannot be found, the so-called heir search is used. An heir search agent attempts to find the relatives and inform them of the estate. This usually involves extensive research, as the succession must be proven by proper deeds and documents. It is especially important to investigate the succession in the case of a community of heirs. The community of heirs always acts as a community of joint owners and can only act in unison. Therefore, a community of heirs consisting of several persons can only jointly fulfill the rights and obligations of a decedent. The process of determining the heirs is not always easy. For this reason, our lawyers specializing in inheritance law in Frankfurt are also available at all times for a comprehensive consultation to explain the details.
Care and administration of the estate
In a guardianship or administration of the estate, the estate is not administered by the heir but by a third party. This can have advantages for the heir. This is because an estate is the total assets of a deceased person. This also includes, for example, the debts of the deceased. In an estate guardianship, a legal representative is appointed to take care of the important affairs of a person who is unable to do so himself or herself. In this way, the guardian of the estate looks after the interests of the person concerned and is primarily concerned with securing the estate. In contrast, an administrator of the estate is called in if, for example, the deceased was heavily overindebted. It is therefore important for the heirs that the liability for the estate’s obligations is limited to the estate. The administration of the estate by a third party can bring decisive advantages in inheritance law. As lawyers specializing in inheritance law in Frankfurt, we have extensive experience in this area, which we would be happy to explain to you in more detail in a personal consultation.
Calculation of the compulsory portion
In inheritance law, the persons entitled to a compulsory portion are those who, even if there is no will, receive a compulsory portion of the estate by law. However, this only includes the closest relatives, such as biological children (legitimate and illegitimate), other descendants (grandchildren, great-grandchildren, etc.), adopted children, parents, spouse and same-sex registered domestic partner. However, the correct calculation of the reserved portion is often the subject of legal disputes between the beneficiaries and the holders of the reserved portion. In this context, the question repeatedly arises as to whether and to what extent gifts made by the testator during his lifetime influence the value of the reserved portion. In order to calculate the reserved portion, the heir’s entitlement is calculated. For this purpose, the reserved portion is determined by the share of the reserved portion and the value of the estate on the day of the testator’s death. Would you like more information? Please contact your Frankfurt inheritance lawyer.
In the case of an estate with a large patrimony, it may make sense to create a foundation for tax reasons. In legal terms, a foundation is an institution that is to pursue a purpose determined by the founder with the help of an estate. In this case, several specific points have to be taken into account, which should be clarified in a specialist conversation with your inheritance law lawyer in Frankfurt. The tax advisor or notary are not always the best contacts in this case. The range of services offered by the inheritance lawyers of our law firm in Frankfurt am Main also includes this service.
Drafting a Will and a Disability Will
There are many pitfalls of inheritance law to consider when drafting a will. This is not always easy for laymen. Our lawyers specializing in inheritance law in Frankfurt will be happy to assist you. It is especially important to avoid post mortem disputes about succession. In this respect, the individual drafting of the succession document plays an extremely important role, as each case has its own particularities that must be taken into account. In order to avoid unnecessary burdens on the estate, the appropriate form should be chosen for the formulation of the last will and testament of persons with health problems. A so-called disability will is a testamentary disposition drawn up by the parents of disabled children containing special provisions for their child. Generally, the aim is to give the disabled child a share of the estate, but not to reduce state support claims. Ask us, we are your knowledgeable experts as inheritance law attorneys in our Frankfurt am Main law firm.
Execution of Wills / Execution of Last Wills
Whoever draws up a will or an inheritance contract has certain objectives: They want a fair distribution of their estate, the protection of their assets, the preservation of family peace and financial security for their spouse and other family members. To ensure that this last will is executed as desired, the appointment of our lawyers specializing in inheritance law in Frankfurt as executors can be a very sensible option. If the heirs try to arrange everything themselves, disputes and problems are often pre-programmed. When it comes to the question of how these wishes of the testator can be enforced after his death, the legal institution of the executor comes into play. In this case, the responsibility for the liquidation or administration of the estate is transferred to a person who is usually appointed by the testator. In this way, it is possible to avoid a dispute over the inheritance. The estate, which has often been acquired with great effort, is then not wasted by legal disputes under inheritance law. Since unanimity is necessary for the provisions of the community of heirs, but in the event of a dispute this can normally only be obtained in court, it can be ensured by the provision for the execution of the will. Questions concerning the appointment of the right person as executor and the assignment of the scope of functions should always be clarified individually in a detailed conversation with the Frankfurt am Main inheritance law lawyer.
Succession of the company in case of inheritance
This is the transfer of the company to the next generation. Of course, it is important that tax aspects are taken into account. However, they should never be the motivation for the action. Ensuring liquidity is the most important aspect in this case, as it is mainly a question of liquidating the co-heirs who are not involved in the transfer of the company. In this case, you should immediately inform a lawyer specializing in inheritance law in Frankfurt am Main.
Inheritance law speaks of a bequest when a non-heir is a beneficiary. For example, the testator can oblige his beneficiaries, by means of a bequest, to give part of the estate to the municipal animal shelter. However, this does not make the animal shelter a co-heir, i.e. it has no obligations towards a community of heirs, for example. Inheritance law has some important rules about the transmission of a legacy. Our lawyers specializing in inheritance law in Frankfurt know all about it and will be happy to answer all relevant questions. One difference with the appointment as heir is, for example, that the legatee does not have to pay the debts of the deceased. However, the assets do not automatically pass to the legatee. The person who has been given special consideration must assert his or her right to fulfillment of the bequest and, if necessary, enforce it in court. Any pecuniary advantage can be the subject of a bequest. Our lawyers specializing in inheritance law at our Frankfurt law firm are experienced in the settlement of inheritances, from negotiating agreements between heirs to assisting communities of heirs (e.g. by conducting partition auctions) to enforcing rights to a compulsory portion. We provide realistic cost-benefit assessments in your inheritance matter.
If someone is named as an heir under a will, the law of succession allows them to dispose of their estate as they wish. However, in some cases, the testator has an interest in his or her estate remaining as a unit beyond his or her death. If he so desires, there is the possibility of letting the assets fall to a person he designates as a subsequent heir in his testamentary disposition. If one is designated as a pre-heir, then he or she is allowed to use the estate for a certain period of time. A lawyer specializing in inheritance law from our law firm in Frankfurt will be happy to explain the exact details of the inheritance provisions to you. Subsequently, the assets pass to the subsequent heir. In this way, the testator inherits twice, which means that the estate is also taxed several times. An example: the testator designates his wife as a preinheritor. After his death, his only daughter will become a subsequent heir. If you have any questions about the exact details of a pre- or subsequent inheritance, we are at your disposal at all times as attorneys specializing in inheritance law in Frankfurt.
In inheritance law, anticipated succession generally means the transfer of assets to one or more heirs as future heirs. The legal rules of inheritance law that apply to this are not always easy for laymen to understand. Reason enough to contact one of our lawyers specializing in inheritance law in Frankfurt to discuss the next steps. The reasons for an anticipated succession are often the saving of inheritance tax or the provision of the heir, the reduction of a compulsory portion or the preservation of the family estate. Inter vivos gifting is a popular way to transfer assets to the family in a tax-efficient manner during one’s lifetime. When deciding whether a gift should be made by inter vivos transfer or by will, the advantages and disadvantages must be carefully weighed. The donor should always keep in mind that his or her own provision for old age is not threatened by the gift. The disadvantage of lifetime transfer is that the transferor is deprived of the inherited assets. However, the donor may reserve the right to reclaim the transferred assets under certain conditions. With our Frankfurt inheritance law lawyers, no question remains unanswered, even in the complex subject of anticipated succession.
Settlement of apartments
Inheritance law also includes specific guidelines on how to deal with the deceased’s apartment. It is therefore advisable to contact a lawyer specializing in inheritance law in Frankfurt as soon as possible in case of uncertainty. After the death of the deceased, the heirs legally take the place of the deceased and thus acquire a large number of rights and obligations by reason of death; for example, the tenancy also passes to the surviving dependants. The liquidation of the apartment is now the main obligation of the heir(s) and family members. Our lawyers specializing in inheritance law in Frankfurt will be happy to advise you during this time. In order to avoid costs, the liquidation of the apartment should be dealt with as soon as possible. During this process, it will be determined which assets are available. Objects that the survivors do not wish to keep can be sold. Their income passes to the estate, which is divided. As a general rule, however, the household goods pass to the surviving spouse.
Frequently Asked Questions
A lawyer specializing in inheritance law supports his clients in inheritance matters. From legal questions about the functioning of a community of heirs or the rights of the heirs to the calculation of a possible tax burden, the lawyer specializing in inheritance law accompanies his clients with advice and support. It may also happen that the lawyer acts as a mediator between the various parties and finds an amicable solution to conflicts.
In inheritance matters, it is often necessary to call upon a lawyer when there are disputes. To assert or reject inheritance law claims, the appointment of a lawyer is essential. Have you been appointed as heir, but your relatives refuse to hand over the inheritance? In such a case, it is necessary to call a lawyer specialized in inheritance law.
In order for the inheritance lawyer to be able to work as efficiently as possible, it is useful to have certain information prepared in advance. Are there important deadlines to be met? Has there already been any correspondence about this? And what are your expectations as a client? If you contact the lawyer well prepared, you will reduce unnecessary waiting and familiarization times and the inheritance lawyer will be able to react more quickly to your case.
Inheritance law describes two important things after the death of a person (testator). On the one hand, there is the administration of the inheritance by the person who is entitled to it. The lawyer speaks here of the person who is entitled to the inheritance. On the other hand, inheritance law naturally includes all relevant laws and regulations that must be observed when the testator leaves an estate.