As of: March 2, 2024, 5:00 a.m
By: Carina Blumenroth
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Inheritance can be a blessing or a curse.
Because not only assets are inherited, but also debts.
What you should consider when turning down inheritance.
In life, everyone should deal with what happens when you can no longer act the way you want.
This can happen, for example, due to an accident, illness or old age.
If you want your will to still count even if you can no longer actively work for it, a power of attorney can help.
You can use a will to regulate who should receive your belongings when you die.
But be careful, your will should be recorded by hand.
The other side, i.e. the people who are appointed as heirs, can then decide how they want to deal with it.
For example, inheritance can be rejected - when it makes sense, what needs to be taken into account and who will then inherit.
Decline your inheritance: as far as you know, you have six weeks
If you want to turn down an inheritance, you must observe the six-week deadline.
© Herrmann Agency Photography/Imago
If you inherit something, the rights and obligations pass to you - this means that you not only receive the existing assets or real estate, but also the debts of the deceased.
You should therefore quickly get an overview of the testator’s financial situation.
If you would like to turn down the inheritance, you must do so within six weeks of learning about the inheritance, informs the
consumer advice center
.
By the way, if the will has been filed with the court, you as the heir will receive a letter from the probate court setting a deadline.
If there is no will, the deadline applies when the testator's death is known.
Turning down inheritance because of debts: think about your underage children
You inherit because a parent died and reject the inheritance because you would inherit debts.
This means that you no longer appear in the line of succession.
If you have children, they are entitled to inherit and follow you in the line of succession.
This means that you should refuse inheritance for your minor children.
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Declining inheritance: Who will inherit afterwards?
You have declined the inheritance, who will the inheritance then go to?
If this is the case, it depends on whether there is a will or an inheritance contract or not.
If there is no will, the successor heirs will be determined based on the legal succession, informs the portal
Erbrecht-ratgeber.de
.
This means that if you, as a child of a deceased person, decline the inheritance, your children (i.e. the deceased's grandchildren) will take over.
If they also decline as heirs, parents, siblings, nephews and nieces of the deceased will be taken into account,
Recht-rotenburg.de informs.
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If there is a will or an inheritance contract, it must be determined whether the testator has named a replacement heir,
Erbrecht-ratgeber.de
informs .
If this person is named, he or she takes the place of the heir who rejects the inheritance.
If no replacement heir is named, descendants of the person who rejects the inheritance can inherit based on the legal rule of interpretation.
However, it must be checked whether this would be in the interests of the testator, the
inheritance law guide
continues.
If necessary, the inheritance share can also be divided among the other heirs, so that the inheritance would increase in each case.
If the rule does not apply, legal succession can apply to the rejected share of the inheritance.
What happens if all heirs refuse the inheritance?
If all those entitled to inherit refuse the inheritance, the state inherits, the
consumer advice center
informs .
He cannot refuse the inheritance.
However, the state does not cover the testator's debts.