Real estate inheritance in blended families: better with a will
According to the legal succession, inheritance can be distributed unevenly in a blended family. The following example illustrates how quickly this can become unfair. Let's assume that a woman and a man are married for the second time, both bringing two children into the marriage. The woman has assets of $100,000, while the man brings $200,000 into the marriage.
Legal succession is not always fair in blended families
If the man dies before his wife, the woman inherits 50 percent of his assets, which corresponds to $100,000. The other 50 percent is inherited by his biological children, i.e., 50,000 euros each. His wife's children receive nothing because, unless they are adopted, they are not entitled to a compulsory portion or inheritance. When the woman dies, the entire estate, now worth 200,000 euros, goes to her children. The man's children receive nothing.
If the wife dies first, her children receive 25,000 euros each and her husband receives 50,000 euros. When the husband then dies, his two children receive 125,000 euros each. The order of death and the legal succession therefore make this complicated and unfair. If there are also children from the marriage, it becomes even more difficult.
Regulate your inheritance with a will
To avoid all these eventualities and difficulties, experts advise organizing your inheritance with a will. It is recommended that parents be registered as sole heirs and that all children inherit equal shares after the death of both parents. It is important to remember the compulsory portion that can be claimed by the children of the deceased parent. Seek advice from a legal expert on all these issues.
When it comes to inheriting real estate
A will is even more important when inheritance in a blended family involves real estate. If one spouse dies, their children and the surviving partner form a community of heirs and are entered in the land register as owners. All decisions regarding the property must be agreed upon by the stepchildren. The deceased's divorced partner would also have a say as legal representative if the children are still minors.
Do you live with your blended family or family in a property and are wondering what will happen to your inheritance? Contact us! We will be happy to advise you.
Notes
For reasons of readability, the generic masculine form is used in this text. Female and other gender identities are expressly included insofar as this is necessary for the statement.
Legal notice: This article does not constitute tax or legal advice in individual cases. Please have the facts of your specific case clarified by a lawyer and/or tax advisor.
Photo: © billiondigital/Depositphotos.com
