How to proceed with a will? Please share experiences and tips!

  • Erstellt am 2025-04-11 10:22:53

Arauki11

2025-04-14 14:48:33
  • #1
This is in such a case by no means embezzlement, it doesn't happen that quickly.
 

Grundaus

2025-04-14 15:26:02
  • #2
According to § 2259 para. 1 of the Building Code, withholding a will is punishable. The survivor cannot, after years and when there is a disagreement with the other heirs, bring out the will and claim, I am now the sole heir.
 

Arauki11

2025-04-14 15:34:44
  • #3
This describes the obligation to deliver. However, someone must first be present who physically holds the thing. Therefore, it is not embezzlement as mentioned, which is described in § 246 StGB and does not apply here; there is also nothing about punishability in the Building Code, only that the obligation exists for the person who has it in their possession. I understand what you mean, but that is precisely not the mentioned embezzlement; I was referring to the terminology.
 

HilfeHilfe

2025-04-15 06:53:53
  • #4
Hello, we have now downloaded a Berliner Testament for 15 € from the internet, will copy it by hand and deposit it at the probate court. That will probably cost another 95 €. After that, that's it, our children have a fulfilled life, they will also have it during their studies etc., and probably never worry about money thanks to us. Whether they still want their compulsory portion in the event of inheritance we will see then. I don't care.
 

houser

2025-04-15 12:58:17
  • #5
I have 2 brothers, so there are three of us. It’s not a must, you can also sign the waiver of the compulsory portion without compensation, but that makes it easier. By the way, the offer came from the parents, who had discussed it with the notary. None of us children had that in mind. In our case, it was a bit more complicated. My father had inherited a second house from his brother, which he wanted to sell. Since I was looking for a property, I came up with the idea to take it over by purchasing it at the appraiser’s value (to keep it fair toward my brothers), which was also the basis for the payout to a co-heir. My "advance compulsory portion" was never paid out but was offset against the purchase price of the house, and my brothers were able to get their advance shares from the money I paid for the house; likewise, the inheritance tax my father had to pay could be covered from there. There was also something left over for my parents. So ultimately, the inheritance of my uncle was divided within the family. Advantages for everyone: - My brothers had already owned houses themselves and could use the financial boost well there. - I took over my uncle’s house and then renovated it. This saved me the real estate transfer tax compared to an unrelated property, which I hadn’t found yet anyway (with the purchase from the father, it doesn’t apply). In addition, the house is only a few hundred meters from my parents’ house, so I can help anytime if needed. - My parents arranged their will in the process, and before both die, there are no claims to be satisfied. Meanwhile, my father passed away 4 years ago and my mother is the sole heir according to the Berlin will. After her death, we will probably sell the parental house as a community of heirs and divide the proceeds by 3, so everything is quite easy. Unless my mother needs to use it for her care. But as long as I can, I step in, since it’s close to me.
 

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