Frequently asked questions
Answers to the most important questions
What does the initial assessment cost?
The first assessment of your enquiry is free of charge and non-binding. We tell you whether and how we can help and what costs a consultation or representation will involve. Fees are only incurred once you instruct us.
I have been disinherited. Will I still receive something?
Children, spouses and registered civil partners, and under certain circumstances also the parents, are entitled to a compulsory portion (Pflichtteil). It amounts to half of the statutory share of the inheritance and is a claim for money against the heirs. It includes a right to information about the estate. Gifts made in the last ten years can also increase the compulsory portion.
How long do I have to disclaim an inheritance?
As a rule only six weeks from the time you learned of the death and of the fact that you are an heir. If the deceased lived abroad or you are abroad when the period begins, it is six months. Once the period has expired, the inheritance is deemed accepted. Our deadline calculator gives you a first orientation.
When does my compulsory portion claim become time-barred?
After three years. The period begins at the end of the year in which you learned of the death and of your disinheritance. If you learn of it in May 2026, the claim generally becomes time-barred at the end of 31.12.2029.
The community of heirs cannot agree. What now?
In principle, every co-heir can demand the division of the estate at any time. A solution can often be negotiated, for example by paying out one co-heir or by a joint sale. If that fails, there remains an action for division and, as a last resort, a partition auction (Teilungsversteigerung) of a property. We show you which route is worthwhile in your case.
Do I always need a certificate of inheritance?
No. If there is a notarial will or an inheritance contract with the record of its opening, this is often sufficient for the land registry and banks. With a handwritten will or statutory succession, however, the certificate of inheritance (Erbschein) is often required. We check whether you need it and file the application with you.
Will my legal expenses insurance cover the costs?
In inheritance law, legal expenses insurance usually only covers a consultation, but not out-of-court or court representation. We check your policy and obtain the confirmation of cover for the consultation for you.
Where can I find an inheritance lawyer in Erding?
Kanzlei Erbrecht Erding is located at Schrannenplatz 2 in the old town of Erding. Lawyer Jonas Kainzinger advises there on compulsory portions (Pflichtteil), communities of heirs, wills, certificates of inheritance and disclaiming an inheritance. You can book an appointment by phone on 08122 55 387 90 or online.
Do I have to come to Erding for the consultation?
No. Many clients like to come to the office on Schrannenplatz in Erding. But the consultation is also possible by phone or video, and you can upload documents in encrypted form. This is how we advise clients from the whole district, from Freising, Ebersberg and Munich, and also throughout Germany.
