How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask hhvgoetz Your Own Question

hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1880
Experience:  LL.M. in International Trade Law (Newcastle upon Tyne, UK)
48877684
Type Your German Law Question Here...
hhvgoetz is online now
A new question is answered every 9 seconds

I have been in an on-off relationship with a German citizen

Resolved Question:

I have been in an on-off relationship with a German citizen for 15 years. 4 yeasr ago he finally proposed marriage which I had accepted and we made plans to make it official although we have been living together already. All our friends and acquaintances acknowledged me a his wife as he would introduce and call me as such and I had been formally introduced to his parents. 18 months ago, he met an accident. Although he had mentioned to me about his will, unfortunately he never had the chance to tell me where we can find it. All his assets were frozen pending decision in Germany who shall have the rights. He apparently has a son who is living in Canada who is also considered for the inheritance. To make the story short, things are getting complicated and I would like to know, being the recognized common-law partner, do I have a right whatsoever? His father is spending fortune on lawyers and there are people are trying to complicate the matter and we (his sister and me) are worried that it will go to the wrong hands which is against the wishes of myu deceased fiancee. Some say I don't have the right and some say I do. I wish to put an end to everyone's suffering and help to put him at peace by claiming his left assets and divide it to the rightful beneficiaries as he had told me. I also would like to have peace of mind... Whatever assistance or clarification I can have will be greatly appreciated. Thank you.
Submitted: 1 year ago.
Category: German Law
Expert:  hhvgoetz replied 1 year ago.

Hi,

 

for the German assets most likely German inheritance law will be applicable.

 

If there is no last will, you will not be considered.

 

Thus, it is of vital importance to make sure the last will is found and shall not disappear.

As you know that there is a last will (valid if written by hand and signed), you should state at the local court which will issue the inheritance certificate (Erbschein) that you know about the existence of a last will and don't know where it is.
In Germany, many people will have their last will stored in a locker at their bank. So, if such a locker (Schließfach) exists, it is vital to make sure having it opened in presence of a person of confidence, for example your fiancee's sister if you cannot attend.
Regards
Expert:  hhvgoetz replied 1 year ago.
How can I help you any more?
Customer: replied 1 year ago.
Dear hhvgoetz,

Some of our German friends says I have a right being his common law partner. What can I do to prove it? His family recognizes me as his partner and all our friends acknowledge me as his wife.

My question is what I can do as his common-law partner.
Expert:  hhvgoetz replied 1 year ago.

A common law partner under German law has no right of succession regarding his or her partner. This may be different if another law is applicable which is not likely but should be checked in detail knowing all assets and where your fiancee has been living.

With you fiancee being only a German national and his real estate assets in Germany, German law will be applicable.

 

This is why your fiancee should have made a testament and told you where to find it.

I don't understand how your German friends got to the conclusion that common-law partners would have a right under German law.

 

Regards

Customer: replied 1 year ago.
We both live in Dubai for almost 10 years now and his assets are not in Germany: he's got bank accounts in Switzerland and Australia where we plan to migrate and marry. His assets here were also frozen pending who gets the certificate of inheritance. With what you say his assets are in germany hemce german law applies. If he has been living out of germany a long time and his assets are not in Germany, can I claim right?
Expert:  hhvgoetz replied 1 year ago.

Generally due to his German nationality (if there is no other nationality), German law ist applicable for the succession, see Art. 25 EGBGB.

 

http://www.gesetze-im-internet.de/bgbeg/BJNR006049896.html#BJNR006049896BJNG033500377

 

However, collision law of the other states you mentioned may cause that parts of the assets follow for example another law. This is particularly relevant for real estate assets,not bank accounts!

 

This is very complicated to find out and you will need a lawyer knowing the local law where the assets are situated.

 

If he had real estate in Dubai, you should look for a lawyer knowing Dubai law.

 

I am sorry, I don't have any idea about the Dubai succession law.

 

Regards

hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1880
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
hhvgoetz and other German Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for the information nonetheless. I guess what I can do is to relay to his family your first response about stating in the local court that there is a will he had told me but could not find so in case it is in one of the banks' safety deposit boxes, they are aware and should know what to do about this.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • RA Schiessl

    Attorney

    Satisfied Customers:

    15
    Attorney-at-law with more than 16 years of experience - board certified specialist.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/RASchiessl/2013-3-18_10659_1.64x64.JPG RA Schiessl's Avatar

    RA Schiessl

    Attorney

    Satisfied Customers:

    15
    Attorney-at-law with more than 16 years of experience - board certified specialist.
  • http://ww2.justanswer.com/uploads/SC/SchiesslClaudia/2013-11-27_153731_unnamed2.64x64.jpg legal eagle's Avatar

    legal eagle

    Attorney

    Satisfied Customers:

    555
    20 years of experience in all kinds of law, especially employment law and family law.
  • http://ww2.justanswer.com/uploads/HH/hhvgoetz/2012-9-26_165512_DSC05932KopieKopie.64x64.JPG hhvgoetz's Avatar

    hhvgoetz

    Rechtsanwalt, LL.M.

    Satisfied Customers:

    95
    LL.M. in International Trade Law (Newcastle upon Tyne, UK)
  • http://ww2.justanswer.com/uploads/a.merkel/bwbilda.jpg a.merkel's Avatar

    a.merkel

    Rechtsanwältin; LL.M. Eur.

    Satisfied Customers:

    62
    1.+ 2. Staatsexamen; LL.M.(Master of Law)
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    428
    Spanish Attorney
 
 
 

Related German Law Questions