What Happens if Joint Children from the Relationship Have Claims?

When joint children from your relationship have inheritance claims, their rights must be considered as part of the estate settlement. Here’s an overview of what to expect and how to address their claims while respecting your partner's wishes and maintaining harmony.

 
1. Understanding the Rights of Joint Children
Equal Inheritance Rights: In many legal systems, including German law, children of the deceased are typically considered direct heirs with equal rights to inherit the estate unless specified otherwise in a will.
Mandatory Share (Pflichtteil): If your partner left a will excluding or limiting their share, they may still have a legal claim to a mandatory portion of the estate.
 
2. Determining the Scope of Their Claims
Review the Will: If there is a valid will, it will outline what the children are entitled to. Ensure that their rights are clearly specified or accounted for.
Legal Framework: If there is no will, the estate will generally be divided according to intestate succession laws, which often grant children a significant portion.
 
3. Protecting Their Interests
Managing Their Inheritance: If the children are minors, their share of the estate may need to be managed on their behalf. This often requires:Appointing a legal guardian for the inheritance.
Setting up a trust or other financial arrangement to ensure the assets are used responsibly for their benefit.
Avoiding Family Conflicts: Transparent communication with other family members can help avoid disputes about the children’s claims.
 
4. Balancing Their Claims with Your Partner’s Wishes
Fair Distribution: If your partner expressed specific wishes for their children, work to honor those wishes while ensuring your rights and their intentions are respected.
Negotiation and Mediation: In cases where the estate does not clearly allocate assets, negotiation or mediation can help resolve issues without legal battles.
 
5. Legal and Practical Steps
Consult a Lawyer: Seek legal advice to understand how the children’s claims fit into the estate under the applicable inheritance laws.
Request an Estate Inventory: A complete inventory of the estate can clarify what is available and how it should be divided.
Ensure Timely Action: Many inheritance laws have deadlines for asserting claims, so act promptly to avoid complications.
 
6. Emotional and Practical Considerations
Preserving Relationships: Approach discussions about the children’s claims with sensitivity to avoid conflicts within the family.
Fulfilling Their Needs: Focus on what will best support the children’s future, whether through education funds, financial security, or meaningful items from the estate.
 
Conclusion
When joint children have claims to an estate, it’s important to balance their legal rights with your partner’s wishes and your own needs. Clear communication, professional advice, and a commitment to fairness can help ensure that the settlement process honors your partner’s legacy while providing for their children’s future.