Nachlass

Estate is the sum of the active and passive assets of a deceased person or the estate of the same.

The term estate in the broad sense refers to the totality of the traditional archival material ( eg works, letters, personal documents ), which refers to a person as a collection or stock or Nachlasser and comes from their possession.

Types of discounts

If such materials are made available already in the lifetime of a library, archive or museum, it is called " premature legacy " ( the term coined by the head of the manuscript department of the German Literature Archive in Marbach, Jochen Meyer).

Under certain circumstances, is not the entire estate of a person held in an institution, but it can be found several partial estates.

As a fortified estate is called an estate, which was later supplemented by materials, such as letters to the Nachlassers, which used to be located at its correspondents.

In a figurative sense is sometimes spoken of a corporate discount or a club discount. The collection or stock is in this case no single person, but a company or an association.

Development

In archives are for the development of estates, the same basic rules as for the development of stocks from the state sector. The rules are mainly used in German-speaking countries in the library sector for the development of estates and autographs are the so-called RNA ( rules for the development of estates and autographs ); the online version can be found on the Kalliope portal.

Proof

There are different approaches to demonstrate reductions across. This is especially important since there are no rules, which discounts in which institutions are located. Estates of women writers and writers found, for example in a large scale in German Literature Archive in Marbach, but they can also be located in other libraries, museums or archives. Discounts of politicians can be found in the state archives or municipal archives of the room in which the deceased worked, or was in the archives of the party whose member of Nachlasser. In the not infrequent division of estates, it is important, however, that the individual partial discounts are detected in a cooperatively -run database.

  • The central database Kalliope at the Berlin State Library, contains about 1.2 million records for autographs and discounts in about 500 German archives, libraries, museums and other collections. It sees itself in relation to the listing of discounts as a continuation of the printed directory of Ludwig Denecke and Tilo Brandis.
  • The counterpart for Switzerland is the Index of manuscript collections held in libraries and archives in Switzerland.
  • Another online finding aids for discounts is the central database of discounts ( ZDN ) of the Federal Archives, the evidence about 25,000 estates mainly in German archives in continuation of the printed directory by Wolfgang A. Mommsen.
  • For estates of artists, scientists and cultural politicians in Austria, the list of artistic, scientific and cultural policy in Austria discounts is online. There, around 6000 records of personalities from the arts, culture and science are available.

Use

Discounts serve as sources for biographies, historical, literary studies and history of science work. But genealogists use discounts. This right can be very different in at discounts. If it is at a discount to a gift, then the general use rules of the relevant archive apply. Did the deceased or his heirs the estate but only passed on deposit, they can have the use of additional restrictions.

Legal capacity

The discount is not legal capacity in Germany, so it has no legal representative. So he is not a legal entity, but a right object. The administrator of the estate is the legal representative of unknown heirs. It can also be no claims against the estate, but only claims against the heir or heirs of a majority of which are referred to as estate liabilities.

However, this is only in Germany that way. In the U.S., the estate ( Estate ) is a legal person who owns an executor and distributed only property after all debts and taxes have been paid and only when actually remains property; that is, no one needs to inherit debt in the United States. Whether as a legal capacity construct in the last will of a person in Germany is creatable, is unknown. It is possible to establish a legal body before death to determine this as the only heirs and to instruct with the above tasks. The heirs would thus protected from the heirs of debt, but eventually forced to double taxation, since Germany has no estate tax, but an inheritance tax and the donee, not the donor, a gift must pay.

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