Foreign Inheritance Laws

[thaivisitorTeeVee]

Hi, not sure if this is the correct place to post this topic.

My girlfriend's German brother in law just passed away and they are worried that she (her sister) does not have the means to carry on living in Germany.

background

They have been married for 2 years and staying in germany for about the same time, she runs a small supermarket there opened by the husband who is a retired businessman.

The husband has an ex wife but no children, besides the wife he is survived by his parents.

i checked the german inheritance laws on behlf of my gf and is confused by all the legal jargon.

Any german members here to advise how much % she can inherit from his estate, will she also be liable for his debts (if any) and what is the estate duties due.

No snide remarks please she is definitely heart broken as the death was totally unexpected as they are both in their 40s.

There is also the issue of a condo in bangkok bought under his name, would it be better to claim ownership of this property in thailand or germany?

[Mario2008]

Normally inheritence includes the debts, with the possibility of only accepting the inheritence if there are no debts. Not sure about German law.

The property is in Thailand, so Thai law would prevail on the condo.

[thaivisitorTeeVee]

Normally inheritence includes the debts, with the possibility of only accepting the inheritence if there are no debts. Not sure about German law.

The property is in Thailand, so Thai law would prevail on the condo.

thanks much.

so she just have to produce proof of death with marriage certificate in thailand to inherit the BKK condo then? No loan outstanding fully paid for.

[Mario2008]

If there is no will, it is not that easy under Thai law. See: http://thailawonline.com/en/family/inheritance-and-wills.html And so it would also depend on how the other heirs would persue it.

The good news is that Thailand doesn't have inheritence tax.

[fletchsmile]

If there is no will, it is not that easy under Thai law. See: http://thailawonline.com/en/family/inheritance-and-wills.html And so it would also depend on how the other heirs would persue it.

The good news is that Thailand doesn't have inheritence tax.

For nationals of many European countries Inheritance Tax (IHT) applies to worldwide assets of the individual, so it is somewhat irrelevant if Thailand has IHT or not, it will depend on the guys German status and laws.

To OP

My condolences to your sister-in-law, and best wishes to her at such a difficult time.

[bunnaag]

last year a German friend of mine died.There was no last will.The Thai wife got 75% and the parents 25%.His wife got the pension.If he was retired he would have had a pension.But as far as I know there are certain rules if married to a foreign national concerning age of spouse and time of marriage but maybe it does not apply in cases where the spouse has a permanent permission to stay.Check it out.

[Beetlejuice]

Normally inheritence includes the debts, with the possibility of only accepting the inheritence if there are no debts. Not sure about German law.

The property is in Thailand, so Thai law would prevail on the condo.

thanks much.

so she just have to produce proof of death with marriage certificate in thailand to inherit the BKK condo then? No loan outstanding fully paid for.

Yes, but she must do this within 12 months from the period of her husbands death, otherwise there is a chance that any Thai assets in the husband`s name can be claimed by the Government.

I would guess that in Germany as in most countries of the world that a present married partner is classified as the next of kin in the event of a death of a spouse, unless the deceased had made a will and stated otherwise.

Same applies under Thai law.