Real estate inheritance in a patchwork family: better with a will

What does the son of the partner from the first marriage inherit and what do the joint children inherit - in a patchwork family, not every family member is automatically an heir. This can quickly lead to injustices and confusion about what happens to a property to be inherited, for example. The expert's advice: make a will.

According to the legal order of succession, the inheritance in a patchwork family can be distributed unequally. The following example illustrates how quickly things can become unfair. Let's assume a woman and a man are married for the second time and both have two children. The woman has assets of 100,000 euros, the man brings 200,000 euros into the marriage.

Legal succession is not always fair for patchwork families

If the man dies before his wife, the woman inherits 50 percent of his assets, which corresponds to 100,000 euros. The other 50 percent is inherited by his biological children, i.e. 50,000 euros each. His wife's children, on the other hand, receive nothing, because if they are not adopted, they are not entitled to a compulsory or inheritance share. When the wife dies, the total assets of 200,000 euros go to her children. The husband's children receive nothing.

If the woman dies first, her children each receive 25,000 euros and her husband 50,000 euros. If the man then dies, his two children each receive 125,000 euros. The order of death and the legal order of succession make it complicated and unfair. If there are also joint children, it becomes even more difficult.

Arrange your inheritance with a will

To avoid all these eventualities and difficulties, experts advise organizing the inheritance with a will. The option that the parents are first registered as sole heirs and that all children inherit equal shares after the death of both is recommended. You should also bear in mind the compulsory portion that can be claimed by the children of the deceased parent. Seek advice from a legal expert on all these topics.

When it comes to a real estate inheritance

If an inheritance in a patchwork family involves a property, a will is all the more important. If one spouse dies, their children and the remaining partner form a community of heirs and are entered in the land register as owners. The stepchildren must agree to all decisions regarding the property. The divorced partner of the deceased would also have a say as the legal representative if the children are still minors.

Do you live with your patchwork family or family in a property and are wondering what to do with your inheritance? Get in touch with us! We will be happy to advise you.

Notes
For reasons of better readability, the generic masculine is used in this text. Female and other gender identities are explicitly included where this is necessary for the statement.

Legal notice: This article does not constitute tax or legal advice in individual cases. Please consult a lawyer and/or tax advisor to clarify the facts of your specific individual case.

Photo: © billiondigital/Depositphotos.com