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Ask Claudia Schiessl Your Own Question
Claudia Schiessl
Claudia Schiessl, Attorney
Category: German Law
Satisfied Customers: 16571
Experience:  I have been a practicing attorney for 20 years now with a broad experience in all kinds of law.
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There are 6 heirs to an estate in Germany, after 12 months

Customer Question

There are 6 heirs to an estate in Germany, after 12 months searching we still have one missing heir who has a 1/16 share but cannot be found. The bank needs all the heirs to sign a power of attorney, can we proceed at all without the missing heir?
Submitted: 3 years ago.
Category: German Law
Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,

Thank you so much for your question.

No, you cannot proceed without the missing heir.



If you cannot find an heir you have to turn to probate court and file a motion for a curator of the estate.


They will then nominate a curator of the estate ( § 364 FamFG)who acts on behalf of teh missing heir.






I hope I was able to help



Should you have any further questions please do not hesitate to ask
Claudia Schiessl and other German Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello,


We still have no contact with the missing heir, would you be able to help us to complete the process of appointing a curator?


Regards,


David Walters


 


 

Expert:  Claudia Schiessl replied 3 years ago.
Please contact me via mail


Claudiamarieschiessl(at)googlemail(dot)com

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