Disinherited? You are often still entitled to the compulsory portion
You were passed over in the will or expressly disinherited? Close relatives, children, spouses and under certain circumstances parents, can still demand their compulsory portion. That is a monetary claim, not an inheritance of specific objects.
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What you should do now
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1. Clarify your entitlement
Are you a child, spouse or (in the absence of children) parent of the deceased? Then you are generally entitled to a compulsory portion.
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2. Demand information
Demand an inventory of the estate from the heirs; you have a right to information about the composition and value of the estate.
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3. Quantify and demand the compulsory portion
Calculate the claim (half of the statutory share, based on the value of the estate) and demand it in writing with a deadline.
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4. Mind the deadline
Do not let the 3-year limitation period pass. In case of dispute about value/gifts, legal advice is sensible.
Frequently asked questions
How high is my compulsory portion?
It amounts to half the value of your statutory inheritance share and is a monetary claim against the heirs (§ 2303 BGB). How high the statutory share would be depends on the family constellation; you can demand information about the value of the estate.
By when do I have to assert the compulsory portion?
As a rule within three years from the end of the year in which you learned of the inheritance and the disinheritance. If you miss the deadline, the claim can become time-barred, so act in good time.
Take action now
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.