settlement of a community of heirs
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Successfully dissolving the community of heirs: Tips for a fair division of the estate
If there are several heirs and the community of heirs is to be dissolved, this is one of the most complex processes in inheritance law. A fair solution and the avoidance of conflicts require that all parties are informed about the necessary framework for the division of the inheritance. A lawyer specializing in inheritance law can help you to draw up a clear division plan and advise you on the tax aspects of the community of heirs. This way you can protect your interests and prevent possible inheritance disputes.
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If there are several heirs, a community of heirs is formed, which distributes the assets left jointly among the co-heirs. This process leads to the dissolution of the community. The heirs are generally free to distribute the estate among themselves, and can also mutually override the wishes of the testator. However, if the testator has appointed an executor, it is the sole responsibility of the executor to carry out the distribution of the inheritance.
If the heirs agree, the settlement of the community of heirs can usually take place without a notary or lawyer. In exceptional cases, a partial settlement is also possible, in which the heirs initially divide part of the estate among themselves and negotiate the rest at a later date.
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The four steps to inheritance settlement
Get an overview of the estate
All co-heirs should work together to create a complete inventory of the estate. If there is any suspicion that not all assets have been taken into account, the heirs have a right to information from the owners of the inheritance and housemates. If they own items that are part of the estate, they are obliged to disclose them.
paying off estate debts
Any estate liabilities must be paid. If this is not possible with the available cash, estate assets can be sold to cover the debts.
Special features of division arrangements
Some wills contain division orders that specify that certain assets should go to certain heirs. If the heirs agree, they can also ignore this order. If the value of the allocated items exceeds the inheritance share, compensation payments must be made to the other heirs, unless the testator has expressed a different wish.
preparation of a settlement agreement
If all heirs agree on the division of the estate, the quickest and most cost-effective way is to draw up a settlement agreement. Each heir must sign the agreement. If a piece of land or real estate is part of the estate, a notarial deed is required. The community of heirs is completely dissolved as soon as the estate has been fairly distributed and each heir has received his share.
Disagreement? These are your options as an heir!
In practice, conflicts often arise when settling an inheritance. However, inheritance law offers you various options for finding a solution:
inheritance settlement through inheritance transfer
According to the provisions of the German Civil Code (BGB), you as a co-heir can demand the division of the inheritance and the dissolution of the community at any time. If an agreement is not possible, the settlement can also be enforced by force. The prerequisite for this is that the estate is ready for division, which means that all liabilities of the estate have been settled and the estate can be divided according to the inheritance quotas without losing value. As a rule, cash and securities must remain, as other assets cannot be divided without losing value.
sale of inheritance
You have the option of selling your share of the inheritance to a co-heir or third party. However, a co-heir has a right of first refusal. The contract for the transfer of the share of the inheritance must be notarized.
inheritance settlement through stratification
A co-heir can waive his share of the inheritance and withdraw from the community of heirs in return for a compensation payment. The share of the departing heir goes to the remaining co-heirs. If only one co-heir remains, this leads to sole ownership of the estate, which means that the community of heirs is dissolved.
Last resort: Settlement of inheritance through litigation
Every heir has the right to demand the division of the inheritance in court. In the so-called inheritance division suit, the court examines the division plan presented and decides how to deal with items that cannot be divided (often sale). However, this option is risky and often not very successful, as the suit can be blocked by other heirs.
We will successfully dissolve your community of heirs!
The dissolution of a community of heirs is one of the most complex procedures in inheritance law, as it often involves different economic and personal interests clashing. This can put a significant strain on family peace, particularly in the case of real estate or valuable assets, where the potential for conflict is particularly high. For this reason, it is advisable to consult an inheritance law attorney at an early stage. This applies not only to the heirs, but also to the testator himself.
As experienced lawyers for inheritance law, we support the entire community of heirs as well as individual co-heirs or the testator personally. We help you to draw up division plans to dissolve the community of heirs or to regulate the use of real estate. In addition, we advise and represent you on specific questions relating to inheritance distribution and inheritance tax. Our aim is always an amicable solution - but if necessary, we will also enforce your rights in court.
Do you have a dispute within your community of heirs?
Contact an inheritance law attorney now to make the inheritance settlement as conflict-free as possible!
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