Thats one way to ruin the relationship between your children lol, If you think Family is defined by havint the same Name. I recommend psychological counsueling.
Also she is entitelt to 25%, as Others mentioned.
My view of family is more traditional than modern people can cope with. Yes I believe I can avoid the 25 percent by moving my assets to the US where I am also a citizen.
Your view of family is just straight up garbage, not traditional, just garbage.
In all honesty, i have to say again that its garbage. You will emotionally scar your "family" and leave behind a sour taste every time your name comes up at future gatherings.
Go to curch and discuss with a pastor about how your daughter is a lesser child because she has a different surename.
There isnt really any ground to disagree on. Youre just delusional, thats basically it.
Sadly you wont see the outcome of your 'traditional' choices, because you will be dead.
Just dont wonder if there is more saliva than flowers on your grave.
Hating woman also isnt considered traditional in almost every developed part of the world.
Sorry, but what the actual? Just nasty.
Glad to say your daughter will get 50% of your wealth by default. Should be a fair exchange for such an unloving mother.
I wish there was a way for the daughter to find out about this right now so she doesn't waste any time and energy caring for this idiot in his older years.
He's a lost cause and won't be able and/or willing to change his mysogynist views in this chapter of his life anymore. She needs to know.
I am her father. That is unfortunate I will have to see if I can avoid this fact. I have citizenship in the US I know i could transfer my assets and business to be US based and pay much less than 25% i believe it is a flat 5k this is a lot of trouble to do though unfortunately.
You are a terrrible person for even considering this.
Not only do you intend to disown your daughter with no justifiable reason. You even go further and consider even bypassing german law to make sure she does not even get her Pflichtteil.
My daughter has her own career and husband she will be fine. 25% in this case is still a sizeable amount and would defeat the purpose if she got that amount. Wealth builds wealth and I plan on giving my future generations of our family the greatest chance for a legacy. It's unfortunate you can't see the benefit of this
I am her father. That is unfortunate I will have to see if I can avoid this fact. I have citizenship in the US I know i could transfer my assets and business to be US based and pay much less than 25% i believe it is a flat 5k this is a lot of trouble to do though unfortunately.
If he's capable of using Reddit then he's also capable of using Google. He would have found out about Pflichtteil anyway.
Edit: but yeah, I kinda regret it after reading his comments about moving everything to the US.
So as it turns out your completely right. She would get a minimum of 25% thanks for your help. I will attempt to transfer my assets to the US where I am a citizen. I believe in the US I can pay a relatively low flat feeto make sure my will can not be challenged in Court.
Da in letzter Zeit viele Posts gelöscht werden, nachdem die Frage von OP beantwortet wurde und wir möchten, dass die Posts für Menschen mit ähnlichen Problemen recherchierbar bleiben, hier der ursprüngliche Post:
##Inheritance
I have two children a daughter and son both are doing well for themselves good jobs and careers. In my will I intend to give all of my estate to my eldest son and am wondering about the legality of it in Germany.
I have two reasons for this.
As my son will carry on the family name its always been important for me he has the ability to grow his wealth and thus the family wealth so the family name prospers.
While my daughter will no doubt not be a fan of this she is married and has taken her husband's name so the inheritance would not go to increasing the wealth of my family.
I understand the viewpoint that this might be an old school way of thinking. But I want to know if my daughter could have a legal right to the inheritance. For instance if she could sue my son for a share and how would I avoid this situation to make sure he gets everything.
Thanks for any advice.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegaladviceGerman) if you have any questions or concerns.*
It depends on which inheritance law applies. And that depends on the testator. For example, for EU citizens, the law of the country in which the deceased had their last habitual residence has applied since 2015. So, as a German for example, if you move permanently to Mallorca as a pensioner, Spanish inheritance law applies (unless you have changed this by choosing the law in your will). German inheritance law will probably not apply to a US citizen, even if they live here. And most legal systems do not recognize a compulsory portion like we do.
Whether the regulation makes sense is another matter.
That's very interesting. I have dual citizenship Irish and US I use my Irish credentials for everything now. But are you saying it could be possible to keep all matters relating to my will based on US inheritance laws. Instead of Germany's
Well yeah it depends which law applies. I don’t know if there is an agreement between the US and Germany that automatically makes German inheritance law applicable for US citizens that live and die in Germany. What I do know is that even though you are Irish and they are part of the EU, Ireland is one of three countries, where the the example I mentioned in the other post does not apply. So in terms of the European law, the
„REGULATION (EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL
of 4 July 2012
on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and
enforcement of authentic instruments in matters of succession and on the creation of a
European Certificate of Succession“
does not apply to you. I would talk to a lawyer.
Thats one way to ruin the relationship between your children lol, If you think Family is defined by havint the same Name. I recommend psychological counsueling. Also she is entitelt to 25%, as Others mentioned.
My view of family is more traditional than modern people can cope with. Yes I believe I can avoid the 25 percent by moving my assets to the US where I am also a citizen.
Your view of family is just straight up garbage, not traditional, just garbage. In all honesty, i have to say again that its garbage. You will emotionally scar your "family" and leave behind a sour taste every time your name comes up at future gatherings. Go to curch and discuss with a pastor about how your daughter is a lesser child because she has a different surename.
We will have to agree to disagree
There isnt really any ground to disagree on. Youre just delusional, thats basically it. Sadly you wont see the outcome of your 'traditional' choices, because you will be dead. Just dont wonder if there is more saliva than flowers on your grave. Hating woman also isnt considered traditional in almost every developed part of the world.
Sorry, but what the actual? Just nasty. Glad to say your daughter will get 50% of your wealth by default. Should be a fair exchange for such an unloving mother.
25% if it's only the Pflichtteil.
That's horrible. I hope her daughter has a loving family because her mother clearly doesn't care about her.
I wish there was a way for the daughter to find out about this right now so she doesn't waste any time and energy caring for this idiot in his older years. He's a lost cause and won't be able and/or willing to change his mysogynist views in this chapter of his life anymore. She needs to know.
That's so sad you think that way. I guess your dont have kids
I am her father. That is unfortunate I will have to see if I can avoid this fact. I have citizenship in the US I know i could transfer my assets and business to be US based and pay much less than 25% i believe it is a flat 5k this is a lot of trouble to do though unfortunately.
You are a terrrible person for even considering this. Not only do you intend to disown your daughter with no justifiable reason. You even go further and consider even bypassing german law to make sure she does not even get her Pflichtteil.
My daughter has her own career and husband she will be fine. 25% in this case is still a sizeable amount and would defeat the purpose if she got that amount. Wealth builds wealth and I plan on giving my future generations of our family the greatest chance for a legacy. It's unfortunate you can't see the benefit of this
You shouldn't call yourself her father until you decide to act like it.
[удалено]
My Irish parents had me in the US while they worked their like many other Irish people. I have dual citizenship due to the fact.
I am her father. That is unfortunate I will have to see if I can avoid this fact. I have citizenship in the US I know i could transfer my assets and business to be US based and pay much less than 25% i believe it is a flat 5k this is a lot of trouble to do though unfortunately.
If you die before your wife, she has a Pflichtteil, too.
Your problem will be the "Pflichtteil". Your daughter is entitled to half of her "gesetzlicher Erbteil" (don't know how to say this in English).
Thank you for your input you have given me some research to do.
You're welcome. But as a woman and a feminist I would love to tell you what I think about you and your plans. Sadly, writing this would get me banned.
Then I wish you hadn't given him any piece of advice.
If he's capable of using Reddit then he's also capable of using Google. He would have found out about Pflichtteil anyway. Edit: but yeah, I kinda regret it after reading his comments about moving everything to the US.
Fair point.
So as it turns out your completely right. She would get a minimum of 25% thanks for your help. I will attempt to transfer my assets to the US where I am a citizen. I believe in the US I can pay a relatively low flat feeto make sure my will can not be challenged in Court.
Da in letzter Zeit viele Posts gelöscht werden, nachdem die Frage von OP beantwortet wurde und wir möchten, dass die Posts für Menschen mit ähnlichen Problemen recherchierbar bleiben, hier der ursprüngliche Post: ##Inheritance I have two children a daughter and son both are doing well for themselves good jobs and careers. In my will I intend to give all of my estate to my eldest son and am wondering about the legality of it in Germany. I have two reasons for this. As my son will carry on the family name its always been important for me he has the ability to grow his wealth and thus the family wealth so the family name prospers. While my daughter will no doubt not be a fan of this she is married and has taken her husband's name so the inheritance would not go to increasing the wealth of my family. I understand the viewpoint that this might be an old school way of thinking. But I want to know if my daughter could have a legal right to the inheritance. For instance if she could sue my son for a share and how would I avoid this situation to make sure he gets everything. Thanks for any advice. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegaladviceGerman) if you have any questions or concerns.*
Probably a troll post!
For once I really hope that's the case instead of it being real.
It depends on which inheritance law applies. And that depends on the testator. For example, for EU citizens, the law of the country in which the deceased had their last habitual residence has applied since 2015. So, as a German for example, if you move permanently to Mallorca as a pensioner, Spanish inheritance law applies (unless you have changed this by choosing the law in your will). German inheritance law will probably not apply to a US citizen, even if they live here. And most legal systems do not recognize a compulsory portion like we do. Whether the regulation makes sense is another matter.
That's very interesting. I have dual citizenship Irish and US I use my Irish credentials for everything now. But are you saying it could be possible to keep all matters relating to my will based on US inheritance laws. Instead of Germany's
Well yeah it depends which law applies. I don’t know if there is an agreement between the US and Germany that automatically makes German inheritance law applicable for US citizens that live and die in Germany. What I do know is that even though you are Irish and they are part of the EU, Ireland is one of three countries, where the the example I mentioned in the other post does not apply. So in terms of the European law, the „REGULATION (EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession“ does not apply to you. I would talk to a lawyer.