Do you have questions concerning international heir research and estate administration? Or have you been contacted as a potential heir within the scope of an estate matter? Below are our answers to the most frequently asked questions. If you cannot find an answer to your particular question then please contact a member of our team.
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Did the decedent have an account with Hoerner Bank AG or why is Hoerner Bank AG involved in the estate matter?
Since around 1849, international heir research and the financial settlement of estates has been the established business area of Hoerner Bank AG or its predecessor as a company. We are usually tasked with heir research by court-appointed judicial administrators, sometimes even by the probate courts themselves. Since 1996, we have also been involved in traditional banking. Our offices in Hamburg, Berlin and Munich are not bank branches, however, but rather part of the estate and estate administration departments. As such, when we search for heirs, the respective decedents usually did not hold an account with Hoerner Bank AG.
Where can I check out whether Hoerner Bank AG is reputable?
• Ask at your own bank
• Ask the judicial officers of the local probate court
• Ask at a police station, showing them our letter (in our experience, they will then consult the police in Heilbronn) in order to rule out that it is a scam
• Ask a law firm to check
Why does Hoerner Bank AG work on estate matters that date back several decades?
The accrual of inheritance after the deceased relative itself only occurred relatively recently (as a rule, one to three years ago). However, the family relationships to be resolved in order to identify the legal heirs date back quite far in the majority of cases.
Is it possible that the estate is indebted?
When we take on cases for probate courts or judicial administrators, we first always ensure that the estate assets yield a positive balance. As we calculate our fee as a percentage of the amount that remains once estate liabilities have been deducted, this is the only way that our remuneration model makes sense. If an estate is indebted then we would have to calculate our fee on a negative amount, which is of course of no interest to us. We would not take on such cases at all.
Could the costs incurred (fees/expenses) exceed the value of my inheritance?
That is out of the question – and we can guarantee that unconditionally.
What does the term "expenses" include?
“Expenses” are essentially municipal fees for issuance of birth, marriage and death certificates (around €12 per certificate) for proof of heirship and for further information within the scope of heir research. In addition, there are costs for certification of the petition for issuance of a certificate of heirship once research has been completed and the costs for the probate court for issuance of the certificate of heirship. It is only possible to state the exact total of these costs retrospectively but these are always considerably lower than the estate assets to be distributed. The expenses and the notary and court costs are only borne by each heir proportionate to their inheritance share and are negligible amounts.
Am I entering into any financial risk?
No. This can be ruled out as there are no payments due to us or any other bodies out of your current assets with regard to the estate matter at hand. All costs or taxes are paid in advance by us or deducted from the estate. Costs are not due until distribution of your inheritance share and are then offset against the balance or retained. If, contrary to expectation, there are no assets to be paid out, we guarantee that you will not incur any costs.
What do the last two sentences in the Power of Attorney mean, where it states that this does not expire upon death and is transferable?
As a rule, it can take between one and three years until heir research has been completed and the estate settled in full. If an heir were to die during this period of time then it is important (also for their heirs) that we are able to continue acting in the matter using the power of attorney granted while the heir was still alive, without having to obtain new powers of attorney from their heirs. Within the scope of settling the estate, we sometimes utilize the support of judicial officers to liquidate accounts, for example, at no extra cost and have to grant substitute powers of attorney for this.
Why does your letter not contain any details as to the actual decedent, the judicial estate administrator or the competent probate court?
We do not receive a fee from the probate court or from the judicial administrator, irrespective of the outcome of our heir research. We agree on a fee with the heirs that we find, to be paid in the event of success. Thus, in order to ensure that our work will also be remunerated, we can only disclose the information stated once we have received signed documents of authority from all of the heirs.
Why is it not yet possible for you to state my exact proportionate inheritance share?
The proportionate inheritance shares are determined as per the regulations of the German civil code [BGB] concerning legal succession. Not all of the heirs receive equal shares, these are calculated according to the maternal/paternal line, family branch and sub-branches of the family. As such it is not possible to calculate the exact proportionate shares (applied fractions) until the heir research has been completed in full.
Will I incur any additional costs if Hoerner Bank AG also instructs a foreign partner, a tax advisor for the inheritance tax assessment or an attorney for the proceedings for issuance of a certificate of heirship?
No, the agreed fee is then divided between Hoerner Bank AG and its foreign partners. Hoerner Bank AG bears the costs for tax advice or the attorney who handles the proceedings for issuance of a certificate of heirship.
What if there are tangible estate assets, how will these be valued?
As a rule, the judicial administrator realizes the tangible estate assets in consultation with the probate court and books the proceeds into the estate account that they manage. Otherwise, we take on realization of these assets after the certificate of heirship has been issued (especially with real property), but always in consultation with the heirs.
Do I need to take any action regarding settlement of the estate myself or contact the co-heirs?
No. Once power of attorney has been granted, we take on the entire task of settling the estate for you. Once the heir research has been completed, one member of the community of heirs will be required to file the petition prepared by us for issuance of a certificate of heirship, in notarized format (we cover the notarial costs initially and then deduct these when distributing the estate). What we offer is an all-inclusive, hassle-free package. Once the final account is through then the estate is settled in full.
How long will it take until I receive my inheritance?
This depends on
• how complicated or wide-ranging the family relationships are,
• whether any research is required or documents must be procured abroad,
• how cooperative the heirs are that we find,
• how promptly the probate court completes proceedings for issuance of a certificate of heirship,
• and how quickly the banks where accounts are held pay out the balance once a certificate of heirship is in place.
As a rule, any information about the family relationships we receive from the heirs located by us, supports our work and speeds up the procedure considerably. Of course, it is also in our own interest to bring a matter to a close as soon as possible since we do not receive our fee until the inheritance is paid out. This is why we work to complete our research as swiftly as possible – but also as thoroughly as is necessary to submit a complete result to the probate court.
Are you permitted to give me legal advice on inheritance matters?
No, our activities only extend from heir research to financial settlement of the estate. Even though most of our staff in our estate departments at Hoerner Bank AG generally trained as lawyers (fully qualified lawyers, Württ. Notariatsassessors – legal experts qualified to act as a probate judge in estate matters in Baden-Württemberg and Dipl.-Rechtspfleger (FH) – qualified law officers), for legal reasons, only attorneys-at-law can provide actual legal advice.