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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 16666
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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For the background. My mother has left me a house in Germany

Customer Question

For the background.
My mother has left me a house in Germany which after my death should be inherited by my niece and nephew. The Amtsgericht views it as a Vorerbe/Nacherbe situation. The interference of this situation has prompted our family to seek a notary solution. The Notar has viewed it as a Vermaechtnis. This has led to a breakdown of talks. I now need to consider turning down the property whilst claiming my Pflichtteil.
My question is:
In regard to a property, how do responsibilites/benefits of someone who inherits a "Vorerbe" differ from those duties of an "Erbe with an associated Vermaechtnis" other than that the Vorerbe cannot sell/give away the property, has to ask Nacherben when changes are made, cannot take a mortgage out against property, can live there free of charge. How to these matters change with a Vermaechtnis. Most importantly, if one turns down a Vermaechtnis or a Vorerbe, how does the law view the "pflichtteil" in both cases. Can this be guaranteed to be 25% of the estate in both cases, in what is the potential of loosing it all in either case?
E. Buttery
Submitted: 4 years ago.
Category: German Law
Expert:  legal eagle replied 4 years ago.
Dear Customer,

than you so miuch for using Just Answer

First of all there is a deadline you have to consider if you want to turn down the property

If you turn down the property while claiming your Pflichtteil you are not considered as an heir

You only have a claim against the heir for a legal share that is half of what you normally would inherit

You also only get mony no shares of the house

You have no responsibilities , so unlike the heir you are not responsible for paying the deceased`s debts

A Erbe can do anything he wants

A Vorerbe has the restrictions you named above and has to preserve everything for the Nacherbe

Other than that duties are the same, for example he has to pay the deceased`s debts

A Vermächtnis gives a claim against the heir to get a certain part of the deceased`s property

With a Vermächtnis you can do whatever you want

If you turn down the Vorerbe your legal share is half of what you normally would inherit

If you turn down a Vermäachtnis you can demand the abovementioned legal share

If you do not turn it down and it is less than your legal share would have been you get the difference between the Vermächtnis and your legal share from the heir

If it is more than your legal share you just get the Vermächtnis

I hope I was able to help

If you have any questions please feel free to ask

Expert:  legal eagle replied 4 years ago.
Dear Customer,

have you got any more questions?

Please ask

If your questionnis answered I would appreciate getting a positive feedback because thatmis how I get paid

Thank you

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