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sind nicht leibliche kinder erbberechtigt ?

**Title:** Are Step-Children and Non-Biological Children Entitled to Inheritance?

As we navigate the complexities of estate planning and inheritance, it’s essential to understand the legal rights of step-children and non-biological children. In Germany, the laws surrounding inheritance are governed by the German Civil Code (BGB) and the Inheritance Tax Act (ErbStG).

**Step-Children:**

Step-children, by definition, are not biological children of the deceased. As such, they are not considered legal heirs and are not entitled to inheritance under the Act. If a step-child is the only surviving relative, the Bundesland (the federal state where the deceased resided) becomes the legal heir, according to § 1932 of the German Civil Code.

**Non-Biological Children:**

Non-biological children, such as adopted children or children born out of wedlock, have different rights in inheritance. Adopted children, for instance, are considered legal heirs, despite being non-biological, as they are recognized as the legal children of the adopting parents under § 1746 of the German Civil Code.

However, non-biological children born out of wedlock may not be considered legal heirs if the child’s biological parent is still alive. In such cases, the child’s legal status is determined by the parent’s legal status, and the child may not be recognized as an heir.

**Testamentary Dispositions:**

In cases where the deceased has made testamentary dispositions, the situation can become even more complex. If the deceased has left a will, the provisions of the will take precedence, and the court will determine the legal heirs as per the testamentary dispositions.

**Practical Example:**

In a recent case, a man had two children from a previous relationship, but their mother had passed away before the man. The man’s new partner had two biological children from a previous relationship. In this scenario, the biological children of the man’s new partner would be considered legal heirs, while the non-biological children from the previous relationship would not have any inheritance rights.

**Conclusion:**

In conclusion, step-children and non-biological children have different rights in inheritance under German law. Step-children are not considered legal heirs, while non-biological children born out of wedlock may not be recognized as heirs if their biological parent is still alive. Adopted children, on the other hand, are considered legal heirs. Testamentary dispositions can also complicate the situation, and it’s essential to seek legal advice to navigate the complexities of inheritance in Germany.

Sources:

1. https://www.datentransfer24.de/Erbrecht-Stiefkinder.html
2. https://www.recht-finanzen.de/contents/1248-nichteheliche-und-adoptierte-kinder-gesetzliches-erbrecht
3. https://www.erbrecht-heute.de/erbrecht/das-erbrecht-der-stiefkinder/
4. https://www.sparkasse.de/themen/erben-vererben/gesetzliche-erbfolge.html
5. https://www.fischer-immobilien-muenchen-erbrecht.de/blog/erbrecht-wie-erben-angeheiratete-kinder
6. https://www.kanzlei-mohr.de/gesetzliche-erbfolge.html
7. https://www.erbrecht-heute.de/erben-vererben/alle-kinder-gleichstellen-beim-erben/
8. https://www.juraforum.de/forum/t/mutter-bereits-verstorben-nicht-leibliche-kinder-erbberechtigt.377630/
9. https://www.erbrecht-ratgeber.de/erbrecht/testament/unsere-kinder.html
10. https://www.123recht.de/forum/erbrecht/Komplizierter-Fall-Wie-erbt-ein-nie-anerkanntes-nicht-eheliches-Kind-f99860.html