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Mother died - this is how you take care of the inheritance
Your mother has died - you have a lot of work to do. If there is a will, then your mother has written her own will with it. If there is no will, the legal succession applies. If you need to settle the inheritance, it is your job to first record all assets and meet all of your mother's obligations / liabilities.
What you need:
- valid will
- if necessary, knowledge of the legal succession (you can find detailed information at: www.seite55.de/ratgeber/erbrecht_erbführung.htm)
- if necessary, your mother's power of attorney during her lifetime and beyond her death
- Access to your mother's personal records
If your mother dies, you have to settle the inheritance
- After your mother dies, you have to decide whether you want to accept the inheritance or rather reject it. To do this, you must have an approximate overview of your mother's financial circumstances or possible debt situation.
- If there is a will, you are obliged to submit it to the competent local court and to have it opened after your mother's death. This must be done with every will that is found.
- If you are the sole heir according to the will, you do not need a certificate of inheritance. Otherwise you have to apply for one at the responsible local court. This is done by means of a notarial or judicial certificate of inheritance negotiation.
- If there is no will, legal succession occurs. For this purpose, it makes sense to inform the court about all possible heirs of your mother when applying for the certificate of inheritance: your possibly still living father, your own siblings and half-siblings after your mother (i.e. no half-siblings that your father brought into the marriage are your siblings already deceased, then their possible children) and siblings of your mother (if already deceased, their children).
- To open a will, you must submit an appraisal sheet on which the entire estate is listed: real estate, bank balances, cash, valuables, jewelry, life insurance (if no beneficiary is entered, because then they fall out of the inheritance), building society contracts, shares, collections among others
- If you have estimated all values or had them estimated (possibly by an appraiser), compare these assets with all of your mother's liabilities: with the landlord (rent until the end of the notice period, costs for possible renovation work, outstanding utility bill), energy supply, telephone provider, Bank (an overdraft facility on the current account, other loans), debts with mail order companies, mortgages on real estate, tax debts with the tax office, etc.
- Before the distribution of the inheritance and the determination of any inheritance tax amounts, you can deduct all costs that arise in connection with the death and burial of your mother: medical expenses (death certificate, etc.), entire funeral (coffin, funeral, speaker, Music, advertisement, etc.), cemetery costs (chapel, purchase of the grave site, pallbearers, etc.).
- You should distribute your mother's inheritance in equal shares so as not to provoke disputes among the heirs. A falling out among the heirs would certainly not be in the best interests of your late mother.
- If you reject the inheritance as the sole heir, the state will inherit. If you reject the inheritance as the legal heir, it will be distributed to the remaining heirs or, if they also reject it, it will be awarded to the state again.
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