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hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
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Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
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My husband and I separated; I filed for divorce; he was an

Resolved Question:

My husband and I separated; I filed for divorce; he was an Alcoholic. He was German, on a Conditional Residency; we reconciled and then stayed apart. He was planning to return to Germany when he died. We were never divorced. Am I entitle to any of his property/assets? His brother in Germany was appointed his Executor.

Submitted: 1 year ago.
Category: German Law
Expert:  hhvgoetz replied 1 year ago.


hhvgoetz :

Hi, the question which law (US state law or German law) is applicable to the different assets is not easy to answer as German and US state international private will have to be checked.

However, probably real estate property in Germany will be goverened by German law.

hhvgoetz :

As there is an executor I suppose a (valid) testament exists.

hhvgoetz :

if you husband had only the German nationality German law will propably applicable for the whole testament if administered in Germany.

hhvgoetz :

See Art. 25 and 26 EGBGB (German International Private Law)

http://www.gesetze-im-internet.de/bgbeg/BJNR006049896.html#BJNR006049896BJNG001102377

hhvgoetz :

In case you are not considered in the testament (last will) you still can ask for 50 % of your legal inheritance without any last will existing.

hhvgoetz :

As wife this is in relation to sons and daughters of your husband 25% of all assets.

hhvgoetz :

If the marriage was a community of accrued gain (Zugewinngemeinschaft) the legal right without any last will would be another 25 %.

hhvgoetz :

The sum would be 50 % of which you can claim in any case 50% = 25 % in total.

hhvgoetz :

The right to claim the obligational minimum of the heritance is called "Pflichtteilsrecht".

hhvgoetz :

http://www.gesetze-im-internet.de/bgb/__1931.html

http://www.gesetze-im-internet.de/bgb/__1371.html

hhvgoetz :

http://www.gesetze-im-internet.de/bgb/__2303.html

hhvgoetz :

However, detailed information is only possible by accessing the testament and knowing all assets.

hhvgoetz :

It would be a good idea first trying to get as much information as possible from the executor and then contacting a lawyer.

hhvgoetz :

I hope I could still give you an idea of the arrising issues.

hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Positive Feedback: 85.7 %
Satisfied Customers: 1273
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
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