Navigating international inheritance matters can be daunting—especially when multiple legal systems, languages, and tax regimes are involved. For individuals with ties to Germany—whether through family, property, citizenship, or assets—a German-speaking estate planning attorney can be an invaluable ally. Here’s how such an attorney can assist with German inheritance matters and ensure your estate plan is both effective and legally compliant across borders.
1. Bridging the Language Gap
One of the most immediate advantages of working with a German-speaking attorney is eliminating the language barrier. Inheritance law is complex in any jurisdiction; having someone who can understand and explain legal documents and proceedings in both English and German ensures that nothing gets lost in translation.
Whether you’re reading a Testament, a Berliner Testament, or an Erbschein (certificate of inheritance), your attorney can interpret these documents accurately and communicate with German notaries (Notare), courts, and heirs on your behalf.
2. Understanding the German Legal System
German inheritance law (Erbrecht) differs significantly from American probate and estate planning systems. For example:
•Forced heirship rules: Germany has Pflichtteil (compulsory share) laws that entitle certain relatives (such as children and spouses) to a portion of the estate, regardless of what a will says.
•No community property regime: Unlike some U.S. states, Germany uses a Zugewinngemeinschaft system for marital property, which affects how assets are inherited.
•No living trusts: Germany generally does not recognize U.S.-style living trusts, which can pose complications when U.S. trust assets have German beneficiaries.
A German-speaking estate planning attorney understands these nuances and can structure your estate to account for both U.S. and German laws.
3. Coordinating Dual Jurisdiction Estate Plans
If you are a U.S. resident with assets in Germany—or vice versa—you may be subject to dual taxation and probate proceedings. A knowledgeable attorney can:
•Draft estate planning documents that are valid in both jurisdictions, or
•Use the EU Succession Regulation (EU 650/2012) to choose the applicable law for your estate (often the law of your habitual residence).
•Work with German counsel to avoid probate pitfalls and streamline asset transfers.
This coordination ensures that your wishes are respected without triggering unintended tax consequences or legal disputes.
4. Managing Cross-Border Tax Issues
Germany imposes inheritance and gift taxes (Erbschafts- und Schenkungssteuer) based on the relationship between the decedent and the heir—not on the value of the estate alone. Exemptions and tax classes vary significantly.
A German-speaking attorney with knowledge of both U.S. and German tax systems can help:
•Anticipate and minimize double taxation.
• Claim treaty benefits under the U.S.–Germany Estate and Gift Tax Treaty.
•Advise on strategic lifetime gifts or bequests to maximize tax efficiency.
5. Guiding U.S. Citizens Inheriting from Germany (and Vice Versa)
If you’re a U.S. citizen inheriting from a German relative, or if you’re leaving assets to family in Germany, a German-speaking attorney can:
•Help you obtain the Erbschein or probate documents.
•Assist in translating and authenticating U.S. documents for use in German courts.
•Coordinate with German tax advisors to file necessary declarations.
•Guide you through reporting requirements for the IRS and help avoid compliance issues related to foreign inheritances (e.g., Form 3520).
Final Thoughts
International estate planning is not a DIY endeavor. When it comes to German inheritance matters, the support of a bilingual estate planning attorney who understands both legal systems is not just helpful—it’s essential.
If you or your family are navigating cross-border inheritance, or you’re planning your estate with German assets or heirs in mind, working with a German-speaking attorney ensures that your legacy is preserved with clarity, legality, and peace of mind.
Need help with German inheritance matters? Reach out to a U.S. estate planning attorney who speaks German—literally and legally: Klaus Gottlieb, Esq. at www.wealthcarelawyer.com.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Attorney Klaus Gottlieb is licensed to practice law in California, United States, and works in coordination with qualified German counsel on matters involving German law.
