Inheritance Attorney
Inheritance Law and Property Transfer
Inheritance law governs the transfer of property after the death of the decedent, either based on statutory succession or a will. In practice, probate proceedings can be straightforward but often involve complex relationships between heirs, disputes over inheritance rights, or doubts about the validity of a will, which is why it is advisable to engage an attorney.
Legal Support Through All Stages of the Process
An inheritance attorney provides legal support throughout all phases of the probate process, from document preparation to representation before a notary public and the court. Services also include assistance with drafting:
- wills
- life care agreements
- property transfer and distribution agreements made during life
- gift contracts
- other legal documents regulating inheritance relations
The Importance of Proper Form and Legal Certainty
Since inheritance law requires an understanding of family relationships, property law logic, and legally prescribed forms, engaging an attorney significantly reduces the risk of:
- legal errors in contracts and wills
- potential disputes among heirs
For a will, it is especially important that it is legally valid and that the decedent’s wishes are respected.
Dispute Resolution and Rights Protection
In situations involving conflicts among heirs or suspicion of irregularities in asset distribution, an attorney can provide:
- representation in court disputes
- filing of claims to annul a will
- challenging contracts
- enforcing the right to a compulsory share
Conclusion
In the field of inheritance law, timely engagement of an attorney can be crucial for protecting your rights and avoiding lengthy court proceedings.
Frequently Asked Questions About Inheritance Law
If you wish to contact us or schedule a meeting, please do so by filling out the contact form or using the provided contact information.Probate proceedings are automatically initiated ex officio after the registrar reports the death of the decedent to the court. The process is conducted by a public notary acting as a court commissioner. An inheritance attorney can assist heirs in preparing the necessary documentation and protecting their rights throughout the entire proceeding.
Legal heirs are family members, arranged in specific orders of succession (spouse, children, parents, etc.). If a will exists, the estate is distributed according to the decedent’s wishes, while respecting the right to a compulsory share.
Not every type of will needs to be notarized. A will can be handwritten (written and signed by the testator), but notarization is recommended to avoid future legal disputes. Additional security is provided through a so-called court will (executed before the court and kept there) or a notarial will (prepared, notarized, and stored by a public notary). An inheritance attorney can verify whether a will meets legal requirements and assist in its drafting.
The compulsory share is the portion of the inheritance that legally belongs to certain heirs (e.g., children, spouse), even if they are excluded from the will. Heirs who believe their right to the compulsory share has been violated can initiate court proceedings to protect and enforce that right.
An heir may declare that they are renouncing the inheritance within a legal deadline of three months from the moment they become aware of their right to inherit. This declaration is made before a public notary.
First, the marital property is determined—the portion of the assets belonging to the spouse as a co-owner. Only the remaining part enters the probate estate and is distributed among the heirs.
A lawyer can represent a party in probate proceedings, and hiring an inheritance attorney is advisable—especially when there are multiple heirs, disputes over a will, or valuable assets involved. The attorney provides representation, legal advice, and manages the entire process in the client’s best interest.
An heir can be excluded from the inheritance under conditions prescribed by law, which—when it comes to a will—must also be stated within the will itself.