Legal Question in Wills and Trusts in Germany

My mother's brother (my uncle) passed on last march - my mother was supposed to inherit 75% of his estate. 6 months later, my mother died - my brother and I being her sole heirs. Does my uncle's estate case need to be modified now or can it proceed - and become part of my mother's estate?. .

Will she (her estate) still get the 75%?


Asked on 11/17/10, 6:16 pm

1 Answer from Attorneys
Henning Haarhaus Kanzlei Haarhaus

In principal, your mother`s share of inheritance has passed to you and your brother jointly automatically. You two form a sub community of heirs now. In practice, your uncle`s case proceeds. However, if a certificate of inheritance is to be issued another application has to be filed to the court regarding your succession after your mother. As you two jointly possess a majority share you will have to decide unanimously on the administration of the inheritance. Decisions regarding the distribution require mutual consent of anyone involved in the inheritance.

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Answered on 11/18/10, 2:54 am


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