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RA Schiessl
RA Schiessl, Attorney
Category: German Law
Satisfied Customers: 26607
Experience:  Attorney-at-law with more than 16 years of experience - board certified specialist.
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My father died in 2003 and did not write a will. I did not

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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.
Submitted: 6 years ago.
Category: German Law
Expert:  RA Schiessl replied 6 years 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

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