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, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 2727
Experience:  LL.M. in International Trade Law (Newcastle upon Tyne, UK)
Type Your German Law Question Here...
hhvgoetz is online now
A new question is answered every 9 seconds

The country is Germany. Mother and Father have a daughter

Customer Question

The country is Germany, state of Bavaria (Greuther Furth). Mother and Father have a daughter and then divorce. Mother then remarries another individual and daughter lives with mother and "step-dad". Mother and step-dad have a son. Step-dad never adopts daughter. Step-dad is now on his deathbed and asks to adopt daughter. Step-dad states if this happens once he dies mother will receive 50% of the estate (land property), son 25% and daughter 25%. If the daughter is not adopted daughter receives a 5000Euro payment with no percentage. Originally daughter was a German citizen. Daughter is now an American citizen. The daughter did grow up through her childhood years with the step-dad and not the paternal father. 1. Does the daughter have any inheritance rights? 2. Does the daughter have to be adopted to have inheritance rights? 3. If the daughter wishes to be adopted does that affect citizenship? 4. Is there any recourse if the daughter would like a percentage of property in Germany?

Submitted: 3 years ago.
Category: German Law
Expert:  hhvgoetz replied 3 years ago.



it's the free will of the stepfather to decide whether his stepdaughter will receive anything.


Adoption has the disadavantage that it takes some time, if you cannot prove the close relation between the 2. However, this should be possible if both have been living in the same house for a considerable time in a "familiy".

There is the risk of death before concluding adoption. Advantage is that in Germany 400000 Euros are free of inheritance tax (instead of only 20000). Thus, the stepfather would be throwing money out of the windows in giving the daughter a lot of money or other assets without adoption.


Of course it would be possible to modify the last will (testament) without adoption so that the daughter receives a greater part of the assets. This is no problem as long as the miminum inhertance (Pflichtteil) of the other parties who would inherit without any last will are respected.


The stepfather should call a notary because in any case (also adoption) it will be necessary.


If the stepfather has a lot of assets and no considerable depths, as stepdaughter I wouldn't hesitate too long to accept adoption although her family name would change (which in case of a married person using her husband's surname wouldn't be a too great sacrifice).



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... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...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
< Previous | 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:

  • legal eagle

    legal eagle


    Satisfied Customers:

    20 years of experience in all kinds of law, especially employment law and family law.
< Last | Next >
  • legal eagle's Avatar

    legal eagle


    Satisfied Customers:

    20 years of experience in all kinds of law, especially employment law and family law.
  • RA Schiessl's Avatar

    RA Schiessl


    Satisfied Customers:

    Attorney-at-law with more than 16 years of experience - board certified specialist.
  • hhvgoetz's Avatar


    Rechtsanwalt, LL.M.

    Satisfied Customers:

    LL.M. in International Trade Law (Newcastle upon Tyne, UK)
  • a.merkel's Avatar


    Rechtsanwältin; LL.M. Eur.

    Satisfied Customers:

    1.+ 2. Staatsexamen; LL.M.(Master of Law)
  • INC's Avatar



    Satisfied Customers:

    LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • José M.'s Avatar

    José M.


    Satisfied Customers:

    Spanish Attorney