Brothers around inheritance: dispute over the farm comes to a head!

Brothers around inheritance: dispute over the farm comes to a head!

In Mecklenburg-Western Pomerania, bitter inheritance disputes between siblings often have a long tradition that goes back to the times of the GDR. A current case shows how human relationships can be stressed by legal framework conditions and historical events. According to Nordkurier are two brothers who were given the world shortly before the Second World War, in a bitter argument about a fermented farm together involved.

After the end of the GDR, the dispute over property of land, houses and assets escalated. The return of expropriated country and the associated claims for damages led to countless conflicts. Hundreds of authorities and courts were involved in these arguments. Lawyers and notaries had good business, since many of these conflicts about the clarification of heirs and rights could only be solved by legal steps.

The history of the brothers

Günter, who worked as a farmer, and Heino Maurer, who became a member of an agricultural production cooperative (LPG) in 1960, are the protagonists of this family history. In 1960 Heino decided to leave the GDR across the open border in Berlin, while Günter stayed in the GDR and finally became Brigadier of the LPG. From 1975 Heino often traveled to the GDR to visit his brother and the farm. But community ownership soon became a point of dispute.

A tragic accident in 1985 led to Heino going into early duck and lived in a small West German town. The family conflict took its course when the roof of her common farmhouse was damaged in 1986 and Günter wanted to remove material from the land register to maintain material. Heino transferred his half to his brother, which should subsequently prove to be serious. After the reunification, he wanted to move into the old division to save rent; Günter, however, rejected his request and claimed the farm as its sole possession.

inheritance law complications

The situation between the brothers reflects a bigger problem that has resulted in the inheritance law of the former GDR since reunification. From October 3, 1990, the provisions of the BGB and the provisions of the ZGB of the GDR have taken over from October 3, 1990. This means that inheritance cases that took place before this deadline are regulated according to the regulations of the GDR, as long as the testator had his habitual residence in the GDR at that time. This raises a number of questions, especially in relation to real estate, since the regulations and their implementation are very complex here. Erbrecht-Ratber informs that special provisions apply between 1976 and 1990 and not disadvantage before the key date were.

In this case, there is a default split-while the courtyard is managed according to GDR law, the legal conditions for Heino's claims vary. The persistent conflict between the brothers, which is further fueled by conflicts in the third generation, including their children and grandchildren, illustrates the complexity of these inheritances.