House on parents' property - inheritance problems?

  • Erstellt am 2020-02-26 12:52:49

Pianist

2020-04-09 14:58:21
  • #1
This has historical reasons. My mother came to the property here at the beginning of the 70s, it all still belonged to my grandmother, the mother of my father. In the 90s, he discussed with his mother that he would take over the entire property as an advance inheritance. Of course, my grandmother remained living in the house until her last day, without anything being registered in the land register regarding this.
 

Climbee

2020-04-09 15:07:22
  • #2
Oh, so that was okay for him? Why doesn't he want to do the same with you???

11ant - that really makes my feminist blood boil emmalila
 

11ant

2020-04-09 15:10:07
  • #3

This is the typical ground for female poverty: a security system that was still "adequate" at the time of marriage in the 60s but fails to keep up with cultural development. Also, the idea of "inheriting only upon dying" (i.e., the transfer of assets only at death, until then using the inheritance as collateral for the affection of the survivors) is an old hat, whose unbroken popularity the tax authorities shamelessly exploit. The (money) aristocracy evades this—with (legal) methods also available to the "little man" (but he prefers to play the obedient citizen who gives more than he has to).
 

Pianist

2020-06-08 22:40:41
  • #4
An update from me at this point: We have since had an appointment at a tax firm, where a tax consultant and a specialist lawyer for tax law participated in the discussion. There, without any ifs or buts, the correctness of our view was confirmed: Although my father is the civil law owner of my house, that does not play a role for the tax assessment. Here, civil law and tax law diverge. For tax purposes, the tax office attributes the house to me. This means: If the event of inheritance occurs, the house I live in is not subject to the assessment of inheritance tax. And for the rest (i.e., the land and the old house) the allowance applies. Only everything beyond that is subject to inheritance tax.

Whether we still transfer assets to me or my mother now will be examined more closely there, because other values also come into play. In any case, solely for reasons of avoiding inheritance tax, there is no reason to divide the land, which would also cause considerable costs. We disregard the aspect of the need for care because it is extremely unlikely that this would overstrain my parents’ financial capacity and would ultimately lead to recourse to my house.

From this point of view: Contrary to what is assumed here, there is actually no urgent need for action.
 

11ant

2020-06-09 00:22:52
  • #5

I would call that a six with an additional number, being so well in the saddle. In the case of needing care, a securities portfolio becomes a tear-off calendar. Anyone who can still say with confidence that there will definitely be enough left is, to put it mildly, not average.
 

Evolith

2020-06-24 09:18:02
  • #6


I would also be cautious there. The classification of the care case is relevant. There are also (and not rarely) annoying cases in which the care level is not high enough because there is still minimal independence. Unfortunately, however, mom/dad cannot live alone due to the living situation. Best example (we have it in the family): Grandma can basically manage on her own, but as soon as she can no longer wipe her own bottom (because she is too shaky), she unfortunately has to go to a nursing home. However, she does not receive a higher care level for this. Therefore, she also receives less money from the insurance but has to pay more for the nursing home due to the higher care effort. And all this just because she is a hair below the next higher care level. Depending on the home, that quickly makes the difference between having or not having 1500 €.
And of course, you want the nicest and closest home for dear grandma.
Let's assume grandma/grandpa get just under 1000€ pension, then it quickly goes to the reserves.
 

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