Can I distribute my inheritance early?
November 17, 2023 | 40,00 EUR | answered by Christiane Melzer
Dear inheritance lawyer,
My name is Katja Fischer and I am facing a complicated situation regarding my inheritance. My father recently passed away and left behind a substantial estate to be divided among me and my siblings. However, there are discrepancies and disputes within the family that are complicating the distribution of the inheritance.
I am concerned that this conflict could escalate and lead to lengthy and costly legal battles. Therefore, I am wondering if it is possible to distribute my father's estate prematurely in order to avoid these disputes and find a quick and fair resolution.
Can you help me and explain if an early distribution of the inheritance is possible? What legal steps would need to be taken and what requirements must be met? Are there possibly alternatives to resolve the conflict within the family and distribute the inheritance quickly and fairly?
I would greatly appreciate your professional advice and support in this matter. Thank you in advance for your help.
Sincerely,
Katja Fischer
Dear Mrs. Fischer,
Thank you for your inquiry and your trust in my expertise as a lawyer specializing in inheritance law. I'm sorry to hear that you are facing a difficult situation regarding the distribution of your late father's estate. Family disputes in such cases are unfortunately not uncommon and can lead to lengthy and costly legal proceedings.
Regarding your question about whether an early distribution of the estate is possible, I would like to explain to you in more detail what legal options are available to you in this situation. In principle, it is possible to distribute the estate prematurely, but certain conditions must be met and legal steps must be taken.
First and foremost, it is important to check if there is a will or inheritance contract that regulates the distribution of the estate. If such a document exists, the provisions laid out in it must be followed. If there is no testamentary disposition, the legal succession under the provisions of the Civil Code (BGB) applies.
To achieve an early distribution of the estate, all heirs can carry out an estate division together. In this process, the assets of the estate are divided among the heirs. However, it is important that all heirs agree to this approach and work together to find a solution.
Alternatively, the heirs can enter into an inheritance contract that regulates the distribution of the estate. This can be a quick and effective way to avoid disputes and establish a clear arrangement. Again, the consent of all heirs is required.
In such cases, it is advisable to seek professional legal advice to ensure that all legal steps are properly taken and the interests of all heirs are preserved. As an experienced lawyer specializing in inheritance law, I am here to assist you and support you in resolving this conflict.
Finally, I would like to point out that there are also alternative ways to resolve the conflict within the family and distribute the inheritance quickly and fairly. Mediation or arbitration procedures can help reach an agreement between the heirs and settle disputes out of court.
I hope that my explanations help you and provide you with a clear perspective. Please do not hesitate to contact me if you have any further questions or need my assistance.
Kind regards,
Christiane Melzer, Lawyer
