My husband inherited a great deal during his lifetime. Now he has died. What am I entitled to?
Your co-pilot in inheritance law
Mag. Nevena Shotekova-Zöchling
Attorney in Vienna · 16 years of legal practice · Inheritance law
Inherited is not borrowed.
“That is family money”
Her husband had inherited a great deal during his lifetime. Then he dies.
His family sees things clearly: the wealth came from their family, so it should stay there.
The widow comes to us. She wonders whether the family is right.
Inherited is not borrowed.
The moment her husband inherited, it became his property – not his parents’, not the family’s, but his. And on his death it became part of his estate, like everything else he owned. Inheritance law does not care where the money came from.
Once that was on the table, the matter was settled. The widow received her share of the inheritance.
The lesson: “family money” is a feeling, not a legal concept. In inheritance law, what counts is who owns something – not where it came from.
The most common misconception: divorce is not death
Many people have heard that inherited assets are “not shared”. That is true – but only on divorce. When marital assets are divided, what one spouse inherited is generally left out.
On death, the exact opposite applies. Then it is not about dividing marital assets but about inheritance law – and there everything the deceased owned counts, including what he inherited. This very confusion lies behind many disputes.
What you are entitled to
- Alongside children you inherit one third of the estate (section 744 of the Austrian Civil Code, ABGB).
- Alongside his parents you inherit two thirds. If one parent has already died, that parent’s share goes to you.
- If there are neither children nor parents, you inherit everything. His siblings, nephews or nieces receive nothing.
- In addition you have the right to continue living in the marital home and receive the household contents (statutory preferential legacy, section 745 ABGB) – even if the home came from his inheritance.
- If there is a will to your disadvantage, you are still entitled at least to the compulsory share: half of your statutory share.
What this looks like in figures
A simplified example: your husband leaves € 600,000, of which € 500,000 came from his parents’ estate. No will.
- With two children: you inherit one third – € 200,000. The children receive € 200,000 each.
- No children, his mother still alive, his father not: you inherit two thirds plus the father’s share – € 500,000. His mother receives € 100,000.
- No children and no parents: you inherit everything – € 600,000 – even if he had siblings.
What you should do now
- Submit a declaration of acceptance in the probate proceedings – but only once you know what is in the estate and whether there is a will.
- Request an inventory so that nothing is “forgotten” – including inherited assets, accounts or real estate.
- Secure your right to live in the home. Do not move out just because the family is putting on pressure.
The family says the inheritance is none of your business?
We show you what you are really entitled to. Initial assessment within 48 hours on working days; the first consultation is free of charge.
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