Expert: Carolin Schulz-Burgess - 3/21/2006

Question
My mother and I came to United States when I was 2. She was 19 years old when I was born.   My genetic father (27 at the time) would not marry her, and would not claim me as his son at the time.  My German birth certificate does not bear his name.  He subsequently married and had 1 daughter.  Not sure of the status  of his wife or whether he has grandchildren by his daughter (my half sister). We have never had any contact.  I am now 51 and he is 78.        

Do I have any right under German to a share of the inheritance that he leaves upon his death, assuming I can be proved to be his son (DNA testing)?  How would this be handled within the German legal system?  

Answer
Dear Pete,

according to German law  you and your half sister are entitled to 3/4 of the inheritance and his wife would get the rest.  If a will exsists that states something different you would be still be entitled to 3/16 of the inheritance.

You can contact me at csb@germanlegalservices.com if you need further help. I charge $50.00 per hour.

Sincerely,
Carolin Schulz-Burgess