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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: German Law
Satisfied Customers: 118651
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Can an alleged adult son of 26 years old (Dominican

Customer Question

Can an alleged adult son of 26 years old (Dominican resident) Puerto Rico resident in prison compel the alleged father of 82 years old (dual German and US citizen) to take paternity test in German court. The alleged father lives in CA most of the time, but sometimes a few months out of a year lives in Germany. The German property is under his wife's name but he receives German government health care AOK so he is considered a German resident too.
Submitted: 2 years ago.
Category: German Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that under German law, the statute of limitations to prove paternity is 2 years after the child turns 18 or 2 years after the child knew or should have known of the father. So if they can prove they only just learned of the relationship, within 2 years, they can file with an attorney in the German court to establish filiation. See: Article 1600 b para. 1 of the BGB.

Customer: replied 2 years ago.
The alleged son took the exact same name as the alleged father when he was born without the alleged father knowing, and even has the exact same birthday (could be fake, the alleged son was born in the Dominican Republic), so how could the alleged son or his representative prove that the alleged son just got to learn about this information?
Customer: replied 2 years ago.
If the alleged father withdraw his residency in Germany but still keep his German citizenship, will the German court have jurisdiction power over such potential claims? The alleged father has AOK which is the German state health insurance, does that itself prove that the alleged father is resident in Germany?
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your reply.

The German court wold have power over property in Germany and this would have to be filed in Germany. If the son had the name all along then the son would have to prove that they just learned of some fraud and that would be the only way the son could try this.

It is not likely the German court is going to entertain this matter after this long though.

Customer: replied 2 years ago.
Thank you! The property in Germany is under the alleged father's wife's name ONLY. The wife only has US citizenship and temporary German residency status and also has German health care AOK through her husband, and the alleged father has both US and German citizenship, and he also has residency in Germany and German healthcare AOK. Is there a way for the alleged father to still receive AOK health care but not being a German resident so that the German court will not have jurisdiction over him if there is a potential claim like that on his behalf?
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your reply.

No, I am afraid there would not be a way to keep the AOK health and not be a German resident. However, I have to say that based on the circumstances you describe it is not likely that the court will allow this case as the limitation period has expired. Also, the chances of him affording an attorney in Germany while in prison is slim to none.

Customer: replied 2 years ago.
I see, thank you very much!!! My last question is for the German inheritance law. If both of them transfer all of their assets to the US bank accounts and sell the property in Germany, after the alleged father passes away, will the German court be able to go after this to US? While they have setup living trust in US already? The alleged father also has another son who was born in wedlock and legally his biological son, but they chose not to have any connections. The father doesn't wish to leave anything to his real biological son in Germany either. Is it correct to presume that inheritance law in Germany will not apply on US land? Or does he have to renounce his German citizenship for to cut off the German ties or this is just not possible because when the son was born the father was still a German citizen? Sorry for so many complicated questions!!!
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your reply.

If they transfer the assets to the US and put it in a irrevocable trust then nobody could get at it, even a child.

I would not bother renouncing any citizenship. But if there is land in the US, put it in a irrevocable trust and all other US assets as well and he will not be able to get at it.

Customer: replied 2 years ago.
Is this asset protection irrevocable trust different than a living trust? If yes, can people have living trust and the asset protection irrevocable trust, since the living trust already holds the title of the US property? Actually they are considering selling their US property and buy another US property under a land trust to conceal their names to the public, how can they have the land trust and put into an asset protection irrevocable trust? I'm confused....
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your reply

A living trust can be revocable or irrevocable. The irrevocable trust protects all of the assets whereas a revocable trust does not. So you need to make sure your living trust is irrevocable or you need to make it so.