How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask hhvgoetz Your Own Question

hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1900
Experience:  LL.M. in International Trade Law (Newcastle upon Tyne, UK)
48877684
Type Your German Law Question Here...
hhvgoetz is online now
A new question is answered every 9 seconds

My mother and I live in Australia. My mothers brother (my uncle)

Resolved Question:

My mother and I live in Australia. My mothers brother (my uncle) passed away in July 2011,in Germany.

My mother received a phone call from the wife of her brother. Saying that she is unable to sell her house until my mother signs it over to her. My mother never had anything to do with their house when they purchased it. So she is very confused as to why she needs to sign anything. Papers are being sent to her from Germany and she is supposed to go to the German Embassy to have them witnessed.

I am guessing perhaps her brother left her a share of his property in his will. We have never asked over a will or seen one. Is it possible to apply for a Will Search and look at a copy of his will. My mother is elderly and is getting very concerned as to why she should be signed papers. $65.00
Submitted: 1 year ago.
Category: German Law
Expert:  hhvgoetz replied 1 year ago.

As a matter of fact it seems to be the case that your mother inherited part of the house.

If there were no children and her brother inherited something your mother will also have inherited a part. Even if there was a last will there is still the legal share (Pflichtteil) of 50 % of what she would have inherited by law.

 

Your mother should ask directly your mother's brother for details on the heritage and its commercial value and ask for her share. If this does not work out, she will need the help of a lawyer.

 

Be aware that in the case of a last will the prescription period for requesting the legal share from the brother is until the end of 2014. By the end of 2014 legal steps before court must have been taken.

 

Regards

Customer: replied 1 year ago.

My mother is 77yrs old. Her brother was 70 when he died in 2011. He had no children.


The house belonged to him and his wife. Not to any parents. so why would the wife be needing my mother to sign anything.


 


Is it possible to search for a will in Germany? My mother cannot ask her brother. That is why she is confused and how does she find out if or what was left to her?

Expert:  hhvgoetz replied 1 year ago.

You can ask the local court (Amtsgericht Oldenburg Holstein), but this will not help you as she will be able to ask for her legal share anyway.

 

Ahh, her brother died, too.

Then ask his wife for information.

If you cannot do so, you will need to ask a lawyer.

Don't sign anything without resolving this issue beforehand (if your mother does not desire to give her share as a gift to her brother's wife.

 

Good luck.

Customer: replied 1 year ago.

Dear Mr Goetz,I appreciated the advice to contact the Amtsgericht Oldenburg Holstein, which I have done. In my first line I stated that my uncle had "passed away" in July 2011, perhaps I should have said, died.


 


I still don't know whether it is possible to request a copy of a will?


 


The widow of my uncle has never told us of a will and it looks like she may be trying to cheat my mother out of an inheritance.


 


Thanking You


Tina Humphrey


 


 

Expert:  hhvgoetz replied 1 year ago.

You can ask the Amtsgericht, whether they have registered a last will. However, there i no obligation in Germany to register a last will. Thus, anyone could have made it disappear.

 

"passed away" should be understood by most German people with basic English from school as in German you could stipulate it in the same way ("dahingeschieden").

 

Good luck.

Let me know about the answer from the court and please do not forget to rate my service.

 

Regards

hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1900
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
hhvgoetz and other German Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • RA Schiessl

    Attorney

    Satisfied Customers:

    15
    Attorney-at-law with more than 16 years of experience - board certified specialist.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/RASchiessl/2013-3-18_10659_1.64x64.JPG RA Schiessl's Avatar

    RA Schiessl

    Attorney

    Satisfied Customers:

    15
    Attorney-at-law with more than 16 years of experience - board certified specialist.
  • http://ww2.justanswer.com/uploads/SC/SchiesslClaudia/2013-11-27_153731_unnamed2.64x64.jpg legal eagle's Avatar

    legal eagle

    Attorney

    Satisfied Customers:

    556
    20 years of experience in all kinds of law, especially employment law and family law.
  • http://ww2.justanswer.com/uploads/HH/hhvgoetz/2012-9-26_165512_DSC05932KopieKopie.64x64.JPG hhvgoetz's Avatar

    hhvgoetz

    Rechtsanwalt, LL.M.

    Satisfied Customers:

    95
    LL.M. in International Trade Law (Newcastle upon Tyne, UK)
  • http://ww2.justanswer.com/uploads/a.merkel/bwbilda.jpg a.merkel's Avatar

    a.merkel

    Rechtsanwältin; LL.M. Eur.

    Satisfied Customers:

    63
    1.+ 2. Staatsexamen; LL.M.(Master of Law)
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    432
    Spanish Attorney
 
 
 

Related German Law Questions