House on parents' property - inheritance problems?

  • Erstellt am 2020-02-26 12:52:49

Pianist

2020-03-10 13:04:48
  • #1

Then he says that this will not happen because there are enough ongoing income, insurances, and reserves.
 

11ant

2020-03-10 13:07:49
  • #2
Once upon a time - any resemblance to living persons is purely coincidental - there was a father who leased to a pianist on New Year's Day of the building application year the floor area of his house including a four-meter-wide surrounding distance on all sides for ninety-nine years. When they became aware that they had omitted two formal acts at that time - namely not having the lease agreement notarized and not enclosing the leased area with boundary stones - they remedied these two omissions. And if they have not died, then they are still alive today. That's it, that's all, case closed - the end.
 

Pianist

2020-03-10 13:12:27
  • #3
I thank you for this brilliant hint, which I will check again, but otherwise I have probably understood it!
 

Pianist

2020-03-10 13:51:55
  • #4
Is it allowed for the lease payment to be zero or must it withstand an arm's length comparison?
 

Neubi-BY

2020-03-10 21:23:39
  • #5
If your father (or mother) becomes a care case and between 4 and 6 thousand euros per month are incurred, the reserves will certainly be quickly used up. From then on, it will come from your salary and the eine property. That is how I would "sell" it to your father. And ask him the question: what and where will the mother live then? And your house logically will also be gone because you do not own the land. The risk would certainly be too high for me and also for your mother. The problem is doubled because: Suppose the father does not become a care case and makes "quick" use of his death – but that does not exclude the mother and she could still become a care case. You then still have a house on a property that you still do not own. The question of the expert in such a matter is the notary. At least we did it like this: the parents gave me the house as a gift, I paid out my brothers, all children waived their compulsory portion, and the parents – or one of them – were granted a lifelong right of residence. Thus, the parents no longer have any real assets. The notary fees amount to a percentage of the estate to be distributed. But these are peanuts compared to the costs of a care facility. My parents even prepared for a "short" care by deciding on mutual living wills.
 

Pianist

2020-03-14 17:57:23
  • #6
Interim report: The question is being clarified, I will report here then.

Until then, another question: On page 14, I showed my sketch. The lower property is located in the outer area according to § 35 and is 2,000 square meters in size. To the left of the white property is a path, over which this property has its own access, even with easement rights. So far, we use this property exclusively for lawn mowing and for a compost heap, which we have removed every two years. Otherwise, the property is surrounded by greenery.

Could something reasonably meaningful be done with this property? For example: Four small gardens with garden cottages? I could lay electricity, everything else (especially water and sewage) would be too complicated. What would be allowed, possible, conceivable, and reasonable on a §35 property? Also with regard to some income? Or must one come to the conclusion that absolutely nothing is possible?
 

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