How works inheritance (Erbschaft) in a marriage "Zugewinngemeinschaft"?
Hi dear community. I apologize for writing in English, my German is a catastrophe. I hope someone can understand my question. I read German OK; you don’t need to answer it in English. I live in B-W with my German wife for about 3,5 years. We are married under the so called statutory marital property regime (Zugewinngemeinschaft) or community of accrued gains. She has two properties, one building with 4 apartments and a commercial shop (all leased), a house where we live (with two apartments above, also leased) and a car. These properties are in her name since 1988. We bought together an apartment in Brazil, which is in our name since 2012. In 2000, she divorced from the father of her 2 children (27 and 28 years old) and separated all the properties at that time. The children have their own lives, independently of her. Unfortunately she was diagnosed with cancer and have few years left, we don’t know exactly how many. She is now concerned with inheritance. She wants the children to take the building and I to take the house (with the two apartments). I told her that she should contact a lawyer to draw an anticipated inheritance to divide everything exactly as she wishes, because if she leaves all for after the fact, I will not be entitled to inherit 50% of her state as she insists I have. My question is: am I really entitled to 50% of her total state and the children 25% each, as she says? Or I am entitled to 50% of what we have made together after our marriage? I appreciate very much if someone could clarify this situation for me, so I can convince her to hire an expert, a family lawyer. Thank you.
Schneller und günstiger Rat zum Erbrecht. Kompetent, von geprüften Rechtsanwälten.
Wenn sie kein Testament macht, dann gilt die gesetzliche Erbfolge! Das heißt, du erbst 50% und die anderen 50% bekommen die Kinder! Vererbt wird all das, was deiner Frau am Todestag gehört!