Huge inheritance project is coming

Disinheriting does not mean that she is entitled to nothing! The compulsory portion still applies to her, of course, that's "only" 50% of her actual inheritance share, but by the way, the grandmother must also agree to this.

In any case, this is a very difficult situation to plan AND as already mentioned, if the grandmother then becomes dependent on public assistance, the state will definitely come to you. Giving away assets does not protect against that!

I have a really bad feeling about something like this, especially towards the aunt who is practically being excluded. Does she perhaps also have children who would be indirectly affected by the planned approach? We don't know the conflict, but it certainly won't get smaller because the aunt is being basically bypassed.

And in the case of the grandmother needing care, if the pension is not enough and the state has to step in, the children will be held accountable, meaning your mother and your aunt. She will be pleased about that...

In your planning, it would also be important whether you can pay for the planned house on the first part of the property from available funds. If not, you will need the rental income from it for the loan and won't be able to use it to build equity.

Nobody wants to bypass the aunt. She should be paid out reasonably. We believe that this is even the best solution for her. Under no circumstances can she pay us out, and physically she is not capable of managing such a large property. She has also never shown any interest in the house/property. A windfall would certainly be the best for her. That’s how I currently assess it. In 2 weeks I will know more.

Of course, financing would be planned for the house on property 1. However, whether financing would again be possible on day X for the payout of the aunt, I may have approached too naively.

Difficult, difficult. So for me it is now clear: in 2 weeks find out what the aunt wants. If she has no interest in the house and wants money -> go to the notary and find the best possible scenario (i.e. whether gift, sole heir, etc.). If she does not want to be paid out (for whatever reasons), it will be a drama in several acts.

Hello, the best thing is to go to a specialized lawyer and get advice there to make everything legally indisputable. And very important! Before going to the notary, a medical expert opinion about your grandmother’s condition should be obtained. This is about a lot of money and I speak from experience that many feel cheated later on in the inheritance – even if it’s only about 0.0000000001 cents.

I don’t think a listed barn is very valuable. It depends on the condition. An undeveloped area probably has a market value of the mentioned 220€. This is usually smaller with developed areas. Therefore, I would have the property appraised and not estimate it roughly. It also strongly depends on the encumbrances registered in the land register. Another small tip: a registered right of residence significantly lowers the market value of a property in a perceived way. But it can also backfire when it comes to nursing home costs.

I still have several small points:

If your grandmother talks to her daughters about the inheritance, there should definitely not be any hint that everything is already settled beforehand.

If possible, have your aunt paid out immediately with a notarially regulated waiver of inheritance. Property prices continue to rise – meaning the inheritance capital gets bigger. After that, immediately transfer the properties because the value increases and the tax exemption stays the same. But you have to keep in mind that claims from the nursing home may possibly arise (I hope not but it definitely has to be considered).

Don’t play the mediator if you are the beneficiary. That leaves a bad taste.

So, everything is a bit mixed up but there are many important points in it.
Best regards

Hello, the best thing is to go to a specialist lawyer and get advice there to make everything legally incontestable. And very important! Before going to the notary, a medical report on your grandmother's condition should be made. This is about a lot of money and I speak from experience that many feel cheated with an inheritance afterwards – even if it’s only about 0.0000000001 ct.

I don’t think a listed barn is worth much. It depends on the condition. An undeveloped area probably has a market value of the mentioned 220€. This is usually smaller for developed areas. Therefore, I would have the property appraised and not just estimate roughly. It also strongly depends on the encumbrances registered in the land register. Another little tip: a registered right of residence noticeably lowers the market value of a property. But it can also backfire when it comes to nursing home costs.

I have a few small points:

If your grandmother talks to her daughters about the inheritance, there should definitely be no hint that it has already been settled beforehand.

If possible, have your aunt paid out immediately with a notarized waiver of inheritance. Property prices continue to rise – meaning the equity capital will be larger. Then immediately transfer the properties because their value rises and the tax exemption remains the same. But you must keep in mind that possible claims from the nursing home (I hope not, but it must definitely be considered) may come to you.

Don’t play the mediator if you are the beneficiary. That has a bad taste.

So everything a bit mixed up but there are many important points.
Regards

Thank you very much, these are really valuable pieces of advice.

Anyone who will leave more than peanuts behind and is still clear-headed should not drift toward their inheritance like a discarded rudder, but should settle matters themselves. Whatever remains in the testator’s assets at the time of death then becomes the estate and is subject to inheritance law. However, one may donate everything one has as long as one is still sane—without diminishing any compulsory portions; and the foundation’s assets do not undergo any new situation upon the death of the founder. Also, take a look at the foundation law of neighboring countries to see what foundation purposes are possible, including endowments to the founder until the end of her life. As a curator, in my opinion, you would be in a much more favorable position, including for acting as executor of Grandma’s will while she is still alive.

I think my mother should definitely get her 50% and then give it to me as a gift.

This gift from your mother would also be treated for tax purposes almost identically to an inheritance, and if you already used up the exemption amount with the inheritance, to my knowledge, none would be left for the gift—although theoretically the tax rate would be more favorable for you because you are one degree closer related to your mother than to Grandma.