Inheritance semi-detached house - Will or land register decisive?

  • Erstellt am 2022-07-27 16:20:03

HansDampf88

2022-07-27 16:20:03
  • #1
Hello everyone,

I know this is not a forum for legal advice and I suspect I am also in the wrong thread. Maybe an admin could kindly move this thread to a more appropriate place, I unfortunately did not find anything more suitable. If necessary, maybe to a very general chat thread.

However, I am optimistic that someone here has been in a similar situation or knows of such a case from their circle of acquaintances. It is about existing properties, contract contents, and various types of legal transactions.

And here is the matter: Unfortunately, the grandmother passed away a few days ago. A semi-detached house is being inherited and there are three sons. Years ago, a community of heirs consisting of the three sons was registered in the land register. However, there is also a notarized will, which names only two of the three sons as heirs; the other was effectively disinherited (he suddenly broke off contact many years ago, stopped taking care of things, ...)

Long story short: Is a change in the land register based on the will possible so that only the two sons named in the will are entered in the land register? It is presumably undisputed that the disinherited son has a claim to the payment of a compulsory portion. But if a change in the land register from the three-person community of heirs to the two sons from the will is possible, then the one son, for example, could not block the sale of the house since he is no longer in the land register. Or am I making a major conceptual error?

Unfortunately, I cannot currently seek advice from an expert (lawyer, notary, ...).

Thanks in advance for your help.
 

Musketier

2022-07-27 16:31:13
  • #2
How can something be inherited that no longer belongs to the deceased?:oops:
 

HansDampf88

2022-07-27 16:33:13
  • #3
Sorry - the grandmother is also still listed in the land register. And the three sons as a community of heirs. It was registered that way after the grandfather's death 30 years ago.
 

Musketier

2022-07-27 16:35:47
  • #4
Then just write who has which share. Maybe the three have also received their share after the grandfather's death.
 

HansDampf88

2022-07-27 16:37:53
  • #5
The shares are unfortunately not visible in the land register - or I am overlooking something.
 

Yosan

2022-07-27 17:16:59
  • #6
They should actually be visible there. They should be indicated either as a fraction or a decimal number.
 

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