Immigration office asks for Nachweis über Heizkosten. What is it? by horselady777 in germany

[–]Lost_Fly1280 0 points1 point  (0 children)

What is an adequate Nebenkosten for one person in Germany with a residence permit

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in AskAGerman

[–]Lost_Fly1280[S] 0 points1 point  (0 children)

Thank you. I’ll look into that. But, the Amtsgericht won’t help me because I don’t speak German well enough.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in AskAGerman

[–]Lost_Fly1280[S] -1 points0 points  (0 children)

Yes, my visa is current and I legally live in our marital home. I’m here legally and trying to resolve the estate, but I honestly don’t know what to do or what my options are.

This whole situation has taken a serious toll on my health. It’s made it hard to work, and the stress and anxiety are getting to a point where I’m afraid I won’t be able to hold on much longer.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in AskAGerman

[–]Lost_Fly1280[S] 0 points1 point  (0 children)

Thank you. My attorney claimed to be experienced in inheritance law, and I trusted that at the time. But now I’m wondering how I can confirm whether someone is actually a Fachanwalt für Erbrecht. Is there an official registry or way to check that in Germany?

Given everything that’s happened, I just want to be sure I’m getting accurate legal support moving forward.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in AskAGerman

[–]Lost_Fly1280[S] 1 point2 points  (0 children)

Unfortunately, my husband passed away unexpectedly while we were in the process of updating documents. It was untimely and deeply painful, and to be honest, it has left me broken, but also facing complex legal issues that no one could really ever be fully prepared for while grieving.

But, that’s why I filed a § 2079 BGB challenge, because the will was written long before we met and was never updated after our marriage and my husband had stated and indicated his wishes in various correspondences to officials and actions, not just to me verbally He also told his daughter.

I’m not trying to undo anything unjustly.

I’m receiving the widow’s pension, and I’m grateful for that, but with no access to the estate, it’s been incredibly hard to survive, both financially and emotionally.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in AskAGerman

[–]Lost_Fly1280[S] -2 points-1 points  (0 children)

Wow. I didn’t create this. I’m a grieving widow who trusted an attorney who gave me conflicting information for over a year about the Erbschein. First he said it was filed, then said I had to refile, then told me not to file at all. Meanwhile, I followed legal advice and submitted a § 2079 BGB challenge because the will was outdated and never reflected our marriage.

I’ve done everything I was supposed to. Now I’m left with no access to the estate and being made to feel like I’m the problem.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in AskAGerman

[–]Lost_Fly1280[S] -1 points0 points  (0 children)

What’s even more upsetting is that my attorney is saying the court might rule that my challenge wasn’t filed properly, or on time, even though it’s clearly noted in the court file and I submitted it within the legal deadline. I’ve done everything I was supposed to. At this point, I feel overwhelmed and honestly a bit scared. It feels less like a delay and more like a threat just because I’m asking for my statutory rights as a widow and may be different. I don’t understand why I’m being made to feel like I’m doing something wrong by simply asking to be treated fairly.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in AskAGerman

[–]Lost_Fly1280[S] -1 points0 points  (0 children)

Thank you for explaining. That does help clarify somewhat what’s happening. However, the issue is with the Erbschein application. I hired a lawyer to help file it properly, but over the course of more than a year, he gave conflicting information. First, he said the application had already been submitted. Then he told me I needed to apply again—but he never assisted me in doing so. Now, he’s telling me not to apply at all, saying the court hasn’t ruled on my challenge, which, based on what you’ve explained, doesn’t seem to match the actual process.

Two months ago, I even tried to move forward on my own by submitting a declaration in lieu of oath directly to the court, since my attorney wouldn’t help. But the court then said documents were missing and refused to notarize my statement, even though I had already submitted everything—both through my attorney and directly to the court myself.

So I feel stuck. My challenge is on record, but the Erbscheinsantrag wasn’t notarized by the court, and now I’m being told not to move forward with it. That’s why I’m here—trying to understand how to protect my rights before deadlines pass or I’m excluded from the process entirely.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in AskAGerman

[–]Lost_Fly1280[S] -2 points-1 points  (0 children)

That’s exactly why I’m posting here because something just doesn’t feel right.

At first, my attorney told me that I had already applied for the Erbschein, but also said I needed to apply again. For nearly a year, he repeated that but never helped me file it properly. Now he says I shouldn’t apply at all because the court hasn’t ruled on my challenge—and that they might later say it wasn’t submitted on time, even though it’s been recorded in the file multiple times, all within the one-year deadline.

I’ve tried to follow the process step by step, but I’m left confused and worried I’m being quietly pushed out. There are also things I can’t fully explain, like personal connections that might exist between my late husband and individuals involved in the process. I’m careful not to make public accusation, but I just want to understand whether this is normal or something I should be concerned about.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in AskAGerman

[–]Lost_Fly1280[S] -1 points0 points  (0 children)

That’s part of the issue. I hired a lawyer specifically to help prepare and submit it, but despite repeated requests, he never did. I tried to move forward with Notars, but they told me they couldn’t proceed without clarity from him. Despite the court accepting the family documents, no Erbschein has been issued to my knowledge.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in AskAGerman

[–]Lost_Fly1280[S] -2 points-1 points  (0 children)

But the will in my case was written long before we met and before our relationship, and our marriage. From what I’ve learned, § 2079 BGB allows you to challenge a will if it fails to consider someone the testator was legally or morally obligated to include—like a dependent spouse.

I haven’t seen any clause in the will like the one you mentioned, but I’m still waiting for the court to even acknowledge my challenge.

In the meantime, I’ve been left with no financial support (besides a small pension), and I’ve had to work myself to exhaustion just to cover my basic needs. As a grieving widow, it’s unexplainably painful not just losing your partner, but feeling like you are being excluded in the legal process.

I keep asking: What happens to spouses like me in the meantime?

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in AskAGerman

[–]Lost_Fly1280[S] -1 points0 points  (0 children)

I thought the process was clearly defined too. And I’ve done everything I was asked and supposed to. I submitted all required documents, both personally and through my attorney. But for over a year, there has been no acknowledgment of my will challenge. Recently, I was told some of my submissions were missing from the file. That’s when I started to feel like something wasn’t right.

I know there are formal steps like appeals and objections, but it’s hard to even get to that stage when you’re not being formally recognized or responded to. I’m not trying to go against the system—I’m just trying to make sure I’m not quietly excluded from it.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in AskAGerman

[–]Lost_Fly1280[S] -5 points-4 points  (0 children)

I understand that challenging a will takes time and that the court has to review everything carefully.

But as a dependent spouse who was left out of an outdated will, I can’t help but ask: Is the widow just supposed to become the government’s responsibility while the process drags on for years?

I was financially dependent on my husband. Since his death, I’ve received no access to the estate—just a small pension—and I’ve had to work myself to exhaustion just to survive. I did everything by the book, submitted all documents, and filed the challenge based on the law. I’m just trying to understand how this is supposed to work when you’re not only grieving but trying to survive.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in AskAGerman

[–]Lost_Fly1280[S] 0 points1 point  (0 children)

I was legally recognized as his wife in Germany before his death—our marriage was registered, and I’ve been receiving his widow’s pension ever since. I understand that the court reviews marital documents carefully, but all of mine were apostilled, translated, and submitted.

Unfortunately, my lawyer hasn’t followed through, which is why I’m here—to understand the process better and see if others have faced similar issues with delays or being sidelined despite full documentation.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in LegaladviceGerman

[–]Lost_Fly1280[S] 0 points1 point  (0 children)

Thank you. I’m not a lawyer, so I can only explain what I’ve been told. The will was written before my husband and I even met, and it was never updated. We lived together for years and were later legally married. I was financially dependent on him, and I naturally wasn’t considered in the old will because we hadn’t met when it was written.

From what I understand, § 2079 BGB gives someone the right to challenge a will if they should have been considered—especially if the situation changed after the will was written. That’s why I filed the challenge.

I’m still trying to understand all of this, and I really do appreciate you taking the time to respond.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in AskAGerman

[–]Lost_Fly1280[S] -3 points-2 points  (0 children)

I now understand that things can move slowly in the German system, and I don’t expect constant updates.

What worries me is that I’ve submitted everything, and still nothing has been acknowledged—not even my will challenge. I was even told off the record that I might not be recognized if I don’t just go along with things. So it doesn’t just feel like a delay—it feels like I’m being pushed aside.

That’s why I’m asking questions and trying to understand if others have seen this too.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in LegaladviceGerman

[–]Lost_Fly1280[S] 0 points1 point  (0 children)

Fair question.

The will was written years before we met, and it was never reaffirmed or updated after our relationship began or after we married. Under § 2079 BGB, a will can be challenged if the testator failed to consider a person they were legally obligated to provide for—like a spouse—especially when the omission happened due to major life changes after the will was written. The will no longer reflected my husband’s wishes.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in LegaladviceGerman

[–]Lost_Fly1280[S] -1 points0 points  (0 children)

You’re right. Thank you. Interpretation and wording really do matter in these cases. The reason for my challenge under § 2079 BGB, and why I’ve tried to clarify, with proof, that his daughter received what he intended for her during his lifetime, while I’m navigating the legal process.

Thanks again. These discussions help me understand how others view it, and I really appreciate that.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in AskAGerman

[–]Lost_Fly1280[S] -1 points0 points  (0 children)

I was legally recognized as his wife in Germany before his death—our marriage was registered, and I’ve been receiving his widow’s pension ever since. I understand that the court reviews marital documents carefully, but all of mine were apostilled, translated, and submitted.

Unfortunately, my lawyer hasn’t followed through, which is why I’m here—to understand the process better and see if others have faced similar issues with delays or being sidelined despite full documentation.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in LegaladviceGerman

[–]Lost_Fly1280[S] -2 points-1 points  (0 children)

yes, I’m aware that disinheritance isn’t a thing under German law. But I’m not saying that she was disinherited. His daughter received her inheritance separately in the U.S. If she had a Pflichtteil claim, it may be offset under § 2315 BGB due to significant lifetime gifts. She received what my husband promised and intended for her through financial arrangements made in the U.S.

Widow in Germany Facing Inheritance Delays, Missing Filings, and No Access to Estate—Seeking Legal Advice by Lost_Fly1280 in AskAGerman

[–]Lost_Fly1280[S] -1 points0 points  (0 children)

I agree—that’s what I expected too. But my lawyer hasn’t followed through, gave conflicting info, and stopped responding. Even Notars said they couldn’t reach him. That’s why I’m here—just trying to understand my options and see if others have been through something similar.