This should be known for emergencies or death in marriage!

  • Erstellt am 2015-04-02 21:23:58

ypg

2015-04-02 21:23:58
  • #1
Dear home builders,

most of you are married, so you think you are mutually protected – right!
Unfortunately, you do not automatically grant each other powers of attorney for your bank accounts through the marriage vows: these are still private matters of the account holder.
Problems can arise if the account holder of the account, from which the most important (or large) debits are made, can no longer manage it themselves or passes away.
The surviving spouse can only access the money after a delay and under a variety of conditions.
The conditions depend, among other things, on the certificate of inheritance, succession, and co-heirs.

Please remember: grant each other powers of attorney for your accounts in good time (that means now) –
Otherwise, it can become very tight financially!

This advice comes from a concerned Yvonne
 

Manu1976

2015-04-02 22:05:38
  • #2
Thank you for the tip. I really wouldn't have thought that far. But we only have joint accounts :-)
 

ypg

2015-04-02 22:13:40
  • #3


Great! Many, if not most couples, each have their own accounts at the start of their training, later marrying the partner with their own account. Most people don’t think that besides transferring the insurances, the status of the accounts must or should also be changed. Often it also concerns securities or other accounts opened by only one person in a partnership to manage speculations and savings.
 

toxicmolotof

2015-04-03 00:44:07
  • #4
Notarial powers of attorney and wills do not hurt. Not even if they have already been submitted to the bank during one's lifetime.

Likewise, care directives etc... if one has already been to the notary anyway...
 

Jochen104

2015-04-03 10:12:16
  • #5
Hello everyone,
our notary already pointed out to us during the property acquisition that we should at least record our estate in a handwritten will.
I’m not very familiar with the details, but I’ll recall it from memory:
It’s not the case that the spouse inherits everything automatically if there is no arrangement in case of death. Then the children, or – if (still) childless – the parents of the deceased receive a share (also of the shared house).
It can become even more complex if you are childless and both spouses die and nothing is arranged: then it is examined who possibly died even just one second earlier. That person’s estate is then divided (share of the parents and of the subsequently deceased spouse) and the second deceased then inherits their part completely to the parents. So afterwards the parents of the first deceased own 1/4 of the house and those of the last deceased 3/4 of the house (whether it was exactly 1/4 I don’t remember).
Following this, we looked at some sample wills on the internet and wrote and signed one by hand that suited us and filed it at the top of the insurance folder.
It stipulates that we appoint each other as sole heirs and that after the death of the survivor of us, our parents inherit in equal parts. Of course, we have to adjust this if we have children someday.

Of course, a notarized will would be better, but that also costs a lot of money.
 

Voki1

2015-04-03 10:39:47
  • #6
The Civil Code regulates all successions for persons who have not made different arrangements. This then defines the standard that takes all parties into account according to the degree of their relationship. However, often it is not the regulation that the deceased actually wanted during their lifetime. Usually, one wants the surviving spouse to be able to stay in the house, of course, and not have to sell it in the course of a settlement of the inheritance with the children. Here, a wide variety of considerations and wishes of the "future deceased" are conceivable. ;-)

Basically, the spouse (in the statutory matrimonial property regime of the community of accrued gains -- so if no separation of property has been agreed upon) initially inherits 1/4 through the fictional equalization of accrued gains. In addition, the spouse inherits 1/4 statutory share of inheritance, thus a total of 1/2 of the deceased's estate. The children then share the remainder equally.

One can see that this statutory order of succession can lead to difficulties (and often does). Therefore, a handwritten will is a good basis to establish a desired inheritance arrangement here. Notarial certification is not mandatory; the will is effective as a declaration of intent as is. The problem, however, is that it can more easily "disappear" or that a new will may appear which may contain different arrangements. Here, there are the wildest attempts to influence the succession to the advantage of individual possible heirs.

Certification by a notary is safer here. Certification only means that the notary confirms that the signature of the signatory was made in his presence. In contrast, a public will is formulated by a notary, read aloud, and advantages and disadvantages are explained, so the notary assures himself that the signatory has also understood the statements and consequences. At the same time, the notary thereby documents that the future testator understood this declaration of intent and that the favored heir did not guide the hand during signing and wipe the drool of the almost testator in between. ;-)

The will can then be deposited.

There are many, many ways to regulate such matters. One just has to deal with them just as much as with the question of how one's own care, liquidity in the event of death / accident / coma, etc. can be managed.

I am very grateful that Yvonne has elaborated on this important topic. People so gladly avoid such unwelcome issues. :-)
 

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