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Drea Click to EMail DreaClick to check IP address of the poster 28-Jul-00, 03:43 AM (GMT)
"family inheritance"
I have a question concerning family inheritance. Parents signed their house over to my sister living in germany . Myself & my other sister living in america want to know if we have any right to a % of the Market value of the house right now. The appraisal of the home is 500,00.00 deutsche mark. My sister will pay us only 20,000.00 dm each. Would like to know can we request more.

Sincerely,

drea

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 Table of contents

Gift and inheritance, gd, 28-Jul-00, (1)
RE: Gift and inheritance, Drea, 29-Jul-00, (2)
RE: Gift and inheritance, gd, 29-Jul-00, (3)

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gd Click to EMail gdClick to view user profileClick to check IP address of the poster 28-Jul-00, 11:28 AM (GMT)
1. "Gift and inheritance"
Are your parents still alive? If not, have they left a will? Have they said anything about the house counting towards the inheritance of your sister?

Gerhard Dannemann

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Drea Click to EMail DreaClick to check IP address of the poster 29-Jul-00, 04:55 AM (GMT)
2. "RE: Gift and inheritance"
Parents are alive. Per phone conversation with sister living in Germany; Will states that my sister living with the parents now will take over house now from parents.They did go to a lawyer. I am not sure if the will states that my sister will pay me and my sister the said amount of 20,000.00 DM. Sister also said that in the will it states that they must take care of the parents if they get ill, and can not sell the house while they are living. The parents also put in the will that they have the right to stay in the house until death "rent free".The house is payed off effective ten years ago. I have never seen the will. Should they have giving me a copy of the will? In addition, Want to know If I accept the 20,000.00 now; do I lose all my legal rights under Germany Inheritance Law in this case.
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gd Click to EMail gdClick to view user profileClick to check IP address of the poster 29-Jul-00, 10:50 AM (GMT)
3. "RE: Gift and inheritance"
>Parents are alive.

In principle, they are free to do what they want with their property while they are alive - sell it, give it to charity, or to your sister.

>Will states that my sister
>living with the parents now
>will take over house now
>from parents.They did go to
>a lawyer. I am
>not sure if the will
>states that my sister will
>pay me and my sister
>the said amount of 20,000.00
>DM. Sister also said that
>in the will it states
>that they must take care
>of the parents if they
>get ill, and can not
>sell the house while they
>are living. The parents also
>put in the will that
>they have the right to
>stay in the house until
>death "rent free".

A will regulates what happens with your assets after you are dead. All the above concerns the rights of your parents and of your sister while your parents are alive. So this was not a will, but most likely done in a contract of donation or gift (Schenkungsvertrag) before a notary public.

>I have never seen
>the will. Should they have
>giving me a copy of
>the will?

You probably do not have a right to see the contract of donation, at least while your parents are alive. You will have a right to see the will once one of your parents dies. You might then also have the right to see the contract of donation.

In addition, Want
>to know If I accept
>the 20,000.00 now; do I
>lose all my legal rights
>under Germany Inheritance Law in
>this case.

Your minimum rights under German ineritance law are essentially as follows: after the death of each of your parents you will get the economic value of half of what you would have received had your father or mother died intestate. The marital property status of your parents plays a role in this, but the bottom line is that, if your parents have three children, you would be entitled to one sixth of the overall estate if both parents die before you (I am simplifying a little here). A previous donation to your sister becomes relevant if either (1) your parents state now or in their will that this should be counted towards your sister's share in the inheritance, or (2) if your parents survive for less than ten years counted from the time of the donation.

Whether accepting payment from your sister now affects the above rights is to a certain extent up to you, your sister and your parents to agree. If you come to an agreement, it would be helpful if that agreement states clearly whether the sum paid has no bearing on, counts against, or excludes any of your inheritance rights.

Gerhard Dannemann

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