A difficult property.
An open conversation.

A disputed estate: offering your share of the inheritance

No longer want to negotiate costs, responsibilities and tasks with your fellow heirs? You can offer us your share of the inheritance for assessment. That share is an interest in the entire estate—not a freely transferable share in one individual estate property. Its transfer must be notarised. When selling to a third party, possible rights of first refusal held by fellow heirs must be considered. Selling an inheritance share does not automatically release the seller from estate debts.

An inheritance you never wanted to take on

An unexpected property inheritance may bring loans and other estate liabilities, renovation needs and ongoing costs. A land register entry alone does not show the actual amount of outstanding debt. Different interests within a community of heirs can prevent the sale of a jointly inherited property. Management decisions follow different rules depending on the circumstances; unanimity is not required for every decision.

In Germany, the usual deadline for disclaiming an inheritance is six weeks from becoming aware of the inheritance and the basis of entitlement; in certain cross-border circumstances it is six months. After the deadline, the inheritance is generally treated as accepted. Challenging acceptance or limiting liability to the estate may still be possible in individual cases. If there are debts or approaching deadlines, seek qualified advice immediately rather than waiting for a purchase assessment.

Managing a property from abroad

Is your property in Germany while your everyday life is now in another country? For owners who have emigrated and their heirs, management, finding contractors, tenant matters and German administration can quickly become burdensome. Selling is particularly difficult when a property attracts little demand on the conventional market. These are precisely the properties we would like to assess—even if you cannot be there in person.

Emigration and a home that remains available

A home in Germany kept available for your own use can establish a residence for tax purposes under Section 8 of the German Fiscal Code (AO), even after moving abroad. What matters is actual availability and circumstances indicating that the home is retained and used. Ownership alone or a purely theoretical ability to live there does not automatically suffice.

A German residence can give rise to unlimited income tax liability and, in principle, taxation of worldwide income. Double taxation agreements and other rules determine the actual tax treatment. Other German income may remain taxable even after a sale. Whether selling or renting out the property long term suits your circumstances should be reviewed with a tax adviser beforehand.

Old debts, land charges and mortgages

If financing obligations, ongoing costs and necessary investment consume the economic benefit, selling in the current condition may make sense. We also assess encumbered properties. A registered land charge does not automatically mean an outstanding debt of the same amount. Loan balances, security rights and redemption conditions require separate assessment; a low purchase price does not itself resolve remaining debts.

For insolvency administrators: when a property consumes the estate’s assets

Vacant, heavily encumbered or structurally unsafe properties can impose a substantial burden on an insolvency estate month after month. While disposal stalls, operating costs, condominium charges, safety costs and necessary measures continue. Without realistic disposal prospects, further waiting can consume the funds available to creditors. We also assess difficult insolvency properties for a direct purchase—particularly residential rental buildings that cost more than they earn.

Agreements on estate costs, orderly transitional management, the organisation of safety measures and management crisis measures can be negotiated specifically. Consents, redemption amounts, cost contributions and the date of transfer of responsibility are agreed with the parties involved. An enquiry does not replace necessary safety measures.

Assess release from the estate—discuss an alternative route to disposal

Release from the insolvency estate may be an option in an individual case. It does not, however, automatically end obligations already incurred. A direct purchase can open up another route to disposal before ongoing costs and risks further reduce the estate. Actual outstanding secured claims, available documents and a practical handover are decisive.

For land and property sales, the estate has no general statutory entitlement to 9% of the proceeds. Any cost contributions or payments to the estate must be agreed individually with the secured creditors. Section 35(2) InsO concerns the debtor’s self-employment and is not a general rule for releasing land and property from the estate.

Rights of residence, rights of use or usufruct

You own a property, but have little practical economic use of it? Rights of residence, rights of use and usufruct can substantially restrict your own use, letting or development. Depending on the agreement and applicable law, the owner may still bear taxes, insurance or upkeep costs. With usufruct, however, the beneficiary generally also bears certain expenses and ordinary maintenance costs; the allocation of costs cannot be generalised.

A sale does not automatically extinguish these rights. The land register, the deed establishing the rights, their priority and the specific allocation of costs are needed for assessment. We also consider these properties; the purchase price and possible use depend on the rights that remain in place.