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My father died in 2003 and did not write a will. I did not

 
RASchiessl's Avatar
  • Answered by:RASchiessl
  • Abitur
  • Positive Feedback: 100.0 %
  • Accepted Answers: 6
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in German Law

Customer Question

My father died in 2003 and did not write a will. I did not receive any inheritance. My stepmother died last year. They lived in Germany, my father was English and my stepmother was German, and they were married for 25 years. <br /><br />Do I now inherit the estate? She has made a will in which my children are beneficiaries. I have sent a letter to Probate Court to stop the distribution of the estate, and will be hiring a lawyer in Berlin. <br /><br />I am aware that I am previously entitled to a quarter of the estate, half of my father's estate. <br />My question is: do I have a right to my stepmother's estate now that my stepmother has died and I am the mother of the beneficiaries in my stepmother's will?<br />According to what I have read in the German Civil Code,#1924 a descendant living at the time of the accrual of the inheritance excludes from succession all descendants related by blood to the deceased through him. <br /><br />And also #1930 A relative by blood is not entitled to inherit so long as there is a relative by blood of a preceding class.

 



Already Tried:
I have sent a letter to Probate Court in Kassel, Germany to cease the distribution of the estate.

Submitted: 797 days and 3 hours ago.
Category: German Law
Value: $15
Status: CLOSED

Accepted Answer

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Expert:  RASchiessl replied 793 days and 16 hours ago.

Dear Customer,


thank you for getting into contact with Just Answer.

No I ´m sorry you do not inherit the estate. You are not a relative by blood to your stepmother, § 1924 BGB.

The last will of your stepmother ist the decisive factor. So your children are the beneficiaries. Your children can legaly dispose about the estate.

Best regards



Hans-Georg Schiessl
Barrister

Edited by RASchiessl on 2/2/2011 at 8:27 AM EST

Expert TypeAbitur
Category: German Law
Pos. Feedback: 100.0 %
Accepts: 6
Answered: 2/2/2011

Experience: attorney-at-law More than 14 years experience of practicing law. Board- certified specialist

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