I would like to know if she gets half of what he had and then it is split with nieces and nephews? Or is it all the same?

He had a document for his house that said the house is to be sold and will be distributed with names on it, however not for his money. He did not write all his worldly possessions just the house had to be sold. I just didn’t know the how the money would be distributed among the relatives.

  • 1
    Did he have any will document written up?
    – Nosjack
    May 1, 2019 at 14:43

1 Answer 1


If no will was written, the Gesetzliche Erbfolge is followed. It has different orders of heirs.

  1. descendants
  2. parents and their descendants
  3. grandparents and their descendants
  4. … and so on

The first order with living members is used, here the second order (§1925 BGB). That means his parents are each assigned half of his estate. Since they no longer live this is inherited by his parent's immediate descendants to equal parts (your mother/aunts/uncles), if those are no longer alive that part is further inherited by their descendants, and so on.

That means you will not inherit anything as your mother is still alive. If your mother has two siblings with living descendants, she will inherit one third.

  • Or, to match the OP's split, if the deceased originally had two siblings (one of whom is dead, but with living descendents), then the OP's mother will get half, and the OP's cousins will share the other half. May 2, 2019 at 10:24
  • 2
    Also, there are rules in Germany about how an estate can be distributed (unlike most of the US, or England and Wales, where it is pretty much "whatever the will says goes"). The OP's mother may be entitled to a share of the house (of course, she may decide not to enforce that right, and she may even decided that the named beneficiaries of the house should get her share of the money too). May 2, 2019 at 10:27

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