How can I ensure that my inheritance is divided fairly?
July 27, 2022 | 40,00 EUR | answered by Felix Richter
Dear Sir or Madam,
I am contacting you with a question regarding inheritance law. In my case, my father recently passed away and left a will in which the distribution of his assets is regulated. However, I have concerns about whether the division of the inheritance is fair and in line with my father's wishes.
My father had two children, myself and my brother, as well as a new partner. In his will, he specified that his assets should be divided equally between us children and his partner. However, I have doubts about whether my father's partner should actually receive a fair share of his inheritance, as she has only been in his life for a few years.
I am afraid that my father's partner may try to receive more than her fair share of the inheritance, or that she may claim certain valuables or properties for herself that actually belong to the children. Are there any ways in which I can ensure that my father's inheritance is divided fairly and that my interests as an heir are protected?
I would like to know what legal steps I can take in this situation to ensure that the distribution of my father's inheritance is fair and transparent. Thank you in advance for your support and advice.
Sincerely,
Luisa Höhne
Dear Mrs. Höhne,
First and foremost, I would like to offer my sincere condolences on the loss of your father. It is understandable that you are concerned during this difficult time about whether the distribution of your father's inheritance is fair and in line with his wishes.
Regarding the distribution of the inheritance, there are some legal steps you can take to ensure that the division is fair and transparent. First and foremost, it is important to determine if your father's will is formally valid. A will must meet certain formal requirements to be effective. Therefore, I recommend having the will reviewed by a specialist in inheritance law to ensure that it is legally correct.
Furthermore, as a rightful heir, you have the right to inspect the estate and receive a detailed list of all assets. This will allow you to verify if the inheritance distribution is in accordance with the will. If you have doubts about the accuracy of the distribution, as a rightful heir, you can also claim a compulsory portion.
A compulsory portion entitles you to a minimum share of your father's estate, regardless of the distributions specified in the will. This claim can only be excluded in certain cases. Therefore, I recommend seeking advice from an experienced inheritance lawyer to assess your legal options and potentially assert a compulsory portion claim.
In addition, you can also file a partition action against your father's partner if you believe she is claiming more than her fair share of the inheritance. In this case, it would be advisable to consult with an inheritance lawyer and discuss possible steps to protect your interests.
In conclusion, I would like to emphasize the importance of seeking professional legal advice in this situation to ensure that your rights as a rightful heir are upheld and that the distribution of your father's inheritance is fair and transparent.
I hope this information is helpful to you and I am available to answer any further questions.
Sincerely,
Felix Richter, Inheritance Lawyer
