AboutHenning Haarhaus Expertise I am a Certified German Lawyer and a Certfied Tax Expert. I practice in German business, tax & commercial law; e.g. business organisations, contracts; debt collections and international law. I also offer my legal services in the fields of German inheritance and inheritance tax law.
Experience I have been working as a German lawyer since 1999 in the forenamed fields.
Organizations Berlin Bar Association, German Association of Estate Succession and Inheritance Law, German-Korean Lawyers Association - Secretary General
Publications Please find a guide about the basics of German inheritance and real estate law in my online resource:
http://www.kanzlei-haarhaus.de
Education/Credentials - graduated as certified banker in 1989 - passed First State Exam (JD-equivalent) in 1994 - passed exam on expertise in the field of inheritance law in 2005 - Certified Tax Expert since 2007
Question My mother passed away this year in February. She was german citizen and died in germany. I am a US citizen and live in the US.
Due to my mothers death, my brother(a german citizen who lives in germany) is in debt. Mostly Hospiz bills and funeral cost.
My brothers signature is on all legal documents, such as the Hospiz and funeral arrangements. I have recieved a letter of inheritance which I can accept or deny.
My question is, am I liable for any debt on a legal standpoint even if I am declining the inheritance?
Answer I assume that your mother did not leave behind a testament. Unless you revoked your inheritance within a period of six months since you have heard of your motherīs death at the local estate court (Amtsgericht - Nachlassgericht) you are deemed to have accepted the inheritance and thus you would be liable for her debts and the costs involved with the funeral, too. In the event that your brother already paid such costs you are obliged to refund him 50% of his expenses.
You could challenge the fictional acceptance if you did not know that the estate is overindebted. Such challagne must be filed within a period of six months as of received knowledge of such overindebtedness. If this turned out to be successful than you would not be liable anymore.
