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This is the best way for parents to inherit their children with disabilities


A child walks up a flight of stairs with a walker.
Image: dpa

Parents of children with disabilities have to consider many things in their will. In order to avoid conflicting communities of heirs with siblings and their partners, wealthy people in particular should act before they die.

At this point four weeks ago, we advised parents of a child with a disability to draw up a very special will. The main features of this will should be briefly summarized here at the beginning, before some questions from our readers are dealt with in more detail with the help of briefly sketched example case variants. Many are concerned with who is suitable as an “executor” for the legacy of children with disabilities. Or how the family business can only be passed on to the siblings of the child with disabilities without incurring high inheritance taxes. Or how arguments between the child with a disability and their siblings can be prevented after the death of their parents.

For lawyer Barbara Brauck from Geisenheim, herself the mother of a 22-year-old son with Down’s syndrome, it is quite clear: “Siblings should not be executors for the disabled child. If parents want to transfer assets to the siblings of the child with disabilities while they are still alive, i.e. with warm hands, they should do so early. And communities of heirs, which cannot be avoided in the pre-inheritance of a child with a disability and a surviving parent or with siblings, should be given the clearest possible rules with regard to impending conflicts, ”says the specialist lawyer for inheritance law. More on that later.

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