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  #21  
Old 15.01.2015, 18:55
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Re: Inheritance [rights of grandchildren]

Thank you Tom,
Of course, his children with me or a new wife, are his direct legal heirs.
My doubt was if the children where their grandparents, direct heirs.
I'm aware that another spouse and any child her might have will be as much his legal heirs, as the children he had with me.
Thanks
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Old 16.01.2015, 00:13
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Re: Inheritance [rights of grandchildren]

I have a New question:

We have two siblings, no parents alive but one with children and the other without any descendants or spouse, when the one without children dies, who are the legal heirs and in what order?

Thanks in advance
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Old 16.01.2015, 00:44
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Re: Inheritance [rights of grandchildren]

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I have a New question:

We have two siblings, no parents alive but one with children and the other without any descendants or spouse, when the one without children dies, who are the legal heirs and in what order?
Step 1: Determine whether Decedent has a spouse: None

Step 2: Determine whether Decedent has any children: None

Step 3: Determine whether Decedent has any living parents: None

Step 4: Determine whether Decedent has any full or half-siblings: Yes, one brother.

Without a Will, the brother would receive the entire estate.

The nearest case in this link is example 2.b. (except that Decedent has a living mother):
http://www.erb-recht.ch/gesetzliche-...liche-erbteile
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Old 16.01.2015, 01:09
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Re: Inheritance [rights of grandchildren]

Dear Mullholander,
I interpret the law differently for if the parents of the deceased are deceased themselves, "they shall be substituted be their descendants in all degrees in equal parts."
In which case, not only the sibling would inherit but his descendants as well.
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Old 16.01.2015, 01:31
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Re: Inheritance [rights of grandchildren]

AnnaSophia, the more I read about Pflichtteil cases that go beyond the usual partner/child inheritance, where parents and siblings (or their heirs) are involved, the more confused I get.

So - going back to the link that ASwissInTheUS gave in post #14, run your situation through this calculator:

https://www.moribono.ch/sofortcheck/schritt1/

Then, double check with a Swiss lawyer!
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Old 16.01.2015, 09:42
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Re: Inheritance [rights of grandchildren]

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Dear Mullholander,
I interpret the law differently for if the parents of the deceased are deceased themselves, "they shall be substituted be their descendants in all degrees in equal parts."
In which case, not only the sibling would inherit but his descendants as well.
No, that's not correct.

Tom
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Old 16.01.2015, 10:04
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Re: Inheritance [rights of grandchildren]

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Dear Mullholander,
I interpret the law differently for if the parents of the deceased are deceased themselves, "they shall be substituted be their descendants in all degrees in equal parts."
In which case, not only the sibling would inherit but his descendants as well.
Here's a modified example which applies the above:

Example:
1) Decedent dies without a Will.
2) Decedent has two brothers, one brother is pre-deceased with two children and the second brother is alive with three children.
3) Decedent's parents are pre-deceased.

Solution:
1) Brother 1: 50% of inheritance goes to two children of predeceased brother 1, i.e, each children receives 1/2 of 50% of estate. (English/ Latin term for this is: "per stirpes").
2) Brother 2: 50% of inheritance goes to him. His three children are ignored.

Comment:
Be sure to clearly understand the difference between:
a. "Legal heir", which comes into play when decedent dies intestate (without a Will).
b. "Pflichtteil" (reserved portion), which comes into play when decedent dies with a Will (or similar) and can override the Will to ensure that a portion of the estate is paid to the spouse and children.
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  #28  
Old 16.01.2015, 10:14
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Re: Inheritance [rights of grandchildren]

How to phrase this and have it make sense...(in general) people of the same generation are on the same level of inheritance. Siblings inherit equally from parents, regardless of whether either has children. If the person is an only child, then they inherit everything, even if they have children. A child and a grandchild are not on equal footing, so to speak.

People a generation removed are not direct inheritants unless their parents are deceased. So your children will not inherit from their grandparents upon their death unless A) there's a will stipulating it or B) your ex is deceased at the time the last grandparent dies. This is how it worked in my husband's family and he's Swiss.

Do the children have any kind of relationship with their grandparents? If so, then you could approach them about doing something for the kids' future, like a trust. No need to say you think your ex will blow it all, just talk about those fab grandkids they have.
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Old 23.01.2015, 22:17
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Re: Inheritance [rights of grandchildren]

Here's the government website, on inheritance, with or without a will:
https://www.ch.ch/en/succession-what-does-the-law-say/
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