Saturday, October 31, 2009

A foreign man dies and owns a land in Germany does his wife inhert him only if so what about the children?

If the wife sells it without telling the children except one or two of them what then.The peice of land was in Heidelberg.
Answer:
Well, it depends on whether or not the man had a will (which it seems from your question he did not), and if not, the law of intestate succession where he was a legal resident. It also may depend, according to where he lived, on whether or not the property was community property or the man's wholly separate property.

In my jurisdiction, for example, if a person dies without a will, and leaves a spouse and children living, the general rule is that a living spouse gets all the community property, and shares the separate property with the children.

If the wife disposed of property to which the children had some legal right, they may have a cause of action against the wife. They should consult a lawyer.
Why would she have to account to the children what she does with her property ? I assume there was a will and she has survivor rights. Tell those greedy kids to go earn their own money for land and be supportive of a wife who just lost a spouse .
Funny how they always remember the parent that died and pay little attention when they are alive .

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