Succession with spouse

The following facts: A spouse dies. The couple has a common house and lived in Zugewinngemeinschaft. There is a biological daughter from a previous relationship of the deceased. There are no other heirs and no will. How much inherits the child? I have to get different information, 2/1 to 4/1.

The best answer

I have to get different information, 2/1 to 4/1.

This may be because, that some calculations erroneously the total assets take the spouses as a basis, especially if it were a common property virtue, and thus elicit 1/4, other aptly consider only the share attributable to the decedent assets part of what 1 / 2 results :-).

Even in legal goods prior Zugewinngemeinschaft remain assets of the spouses always separated, calculated on the basis of Erbquote would only the estate of the deceased, whose daughter alone heritage erwürbe where.

Correctly, the daughter inherits, provided that there are no more physical, unborn or adopted children of the deceased would be, in this case, (almost) 1/2, namely by following rules of inheritance:

"The surviving spouse of the deceased's next relatives of the first order to a quarter (...) appointed as legal heir." § 1931 I BGB.

"If the property regime ended by the death of a spouse, the balance of accrued gains will be realized by the fact that increases the legal inheritance of the surviving spouse to a quarter of the inheritance; this is irrelevant whether the spouses in each case have made ​​a gain. "§ 1371 I BGB.

"If the surviving spouse in addition to relatives of the first order legal heir, as a him toll xcept the inheritance belonging to the conjugal household items, if they are not accessories of land, and the advance in so far as it is needed the wedding gifts to keep a reasonable budget . " § 1932 I BGB.

Accordingly, widow and child of the deceased share the net estate to the so-called reduced. Advance of household items and wedding gifts, in equal parts, 1/2.

Leg of their house just the same applies: The daughter gets half of her father's co-ownership. Were the spouses each with 1/2 co-owner land registry, land registration would amended free of inheritance that would the widow to 3/4 co-ownership, the subsidiary entered with 1/4.

Net estate would be what to Abbzug (also in half common liabilities) and funeral expenses from assets which alone accounted for the testator would be left.

Moreover, there would be a mandatory part supplements demanding from lebzeitigen donations deceased, § 2325 BGB: donations to his wife, who met no moral duty, would completely reduced donations to third parties from the second year annually to each 1/10, added to the estate.

Would give the thus increased by Schenkunswert fictional estate - calculated to owner of half compulsory portion ratio of 1/4 - a difference to the Erbanpruch of 1/2 of actual estate value without donation value, this difference would have to be paid additionally. That would apply of course also for donations to the daughter about rent subsidies as clammy trainees, voluntary maintenance payments, foreign study aid, etc.

I hope so are the statutory. Claims the daughter adequately described in the estate of her father, ask I answer like when it is used in the comments on this post.

G imager761

In the described situation you of late husband under the rules of intestate succession and if that existed in the marriage of the goods prior Zugewinngemeinschaft will of the surviving spouse to 1/2 and from the (not from the marriage derived) daughter to 1/2 inherited.

Note, however, that the succession to the common house plot which presumably spouses belonged to each 1/2, only relates to the property half of the husband (the same is true of another common assets), so that in the "Result" Now 3 / 4 (1/2 + half of 1/2 = 1/4) co-ownership of the wife and daughter of 1/4 is on the house plot. With regard to the half of the husband at home and other community assets is only a common action and entitled to dispose Erbengemeinschaft. This should be explained, as appropriate, and "Peace degrees" between the heirs with him possible by quota equitably the estate or that a co-heiress of other makes payment against Übnernahme their share of the estate. Search legal assistance in case of dispute!

The extramarital daughter of the husband has the later death of the wife no legal succession or reserved portion, since it is not related to her. She would inherit the wife only testamentary appointment.

I hope that this - satisfied answer - legally correct.

1/4 under § 1931 BGB. And if the couple have lived in the marital community of accrued gains, 1/2 under § 1371 BGB.

Date: 2019-05-06 Views: 2

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