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Ask Claudia Schiessl Your Own Question
Claudia Schiessl
Claudia Schiessl, Attorney
Category: German Law
Satisfied Customers: 16845
Experience:  I have been a practicing attorney for 20 years now with a broad experience in all kinds of law.
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Note: at this stage this is NOT a request to be represented. The

Resolved Question:

Note: at this stage this is NOT a request to be represented.
The question: a German citizen died in Germany in 1945.
Based on his will the inheritance certificate stated:
1. The ¨pre¨ heir was his second wife who died in 1952.
2. The final heirs were: 1/2 for his son from the first marriage and the rest to his descendants from the second wife: 1/4 to his daughter and 1/8 to each of the two children of his third child who died earlier. There were no other descendants.
There is no basis to perform “equalization”.
In 2013 it was found out that in 1930 the deceased personally received as a gift a valuable painting and it will be returned to his heirs.
Is it correct to assume that once the painting is sold, the money should be distributed according to the inheritance certificate as described in point 2 above?
Submitted: 3 years ago.
Category: German Law
Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,

Thank you so much for your question.


Yes tnat would be the most practical solution if the heirs agree on it.

The heirs are co-owners of the picture and they have to decide together what happens to the picture
Customer: replied 3 years ago.

Hi Claudia,
The question is if, say, a heir does not agree. Would there be a basis, for for a heir of the second wife to claim that half of the picture automatically was owned by his wife who still lived when he died and therefore her childtern are entiteled to get 1/2 plus their part as heirs of the father's part?
Thanks


Gery


 


 

Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,

If there was no marriage contract this is not the case

Being married does not have the consequence of co- ownership.

The deceased would still be the sole owner of the picture
Customer: replied 3 years ago.

Thanks Claudia this is the response I was looking for.


Good night


Gery

Expert:  Claudia Schiessl replied 3 years ago.
Thank you

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Thanks
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