Inspection of the land register parents' house

Hello,

we have a bit of a "dispute" among the siblings. One brother convinced my parents some time ago to transfer the parents' debt-free house to him, in return he takes care of the complete care in old age. Both around 60 and now also early retirees with a small pension. House value approx. 180k.

Advantage that the parents were offered: You have a small pension, the authorities will take the house from you someday, so it stays in the family, I take care of the care in the house. They apparently have this in writing.

Disadvantage for siblings: Practically inheritance all gone, we are not allowed to participate in possible care and do not have access to the house (which might also be an advantage).

It is basically a speculation on health.

Can we inspect the land register and will the parents/brother be informed about this by the authorities?

That is possible if you all agree. Unanimously. Otherwise not, otherwise you always have your compulsory portion, the parents or the brother would have to pay out the other siblings. It is allowed if spouses appoint each other as sole heirs, then the children only come into play when the last parent dies. But one child getting everything, the others nothing, does not work. Of course, there is a risk of needing care, but a lot of panic is being stirred up about that. My mother was in a nursing home at the end. Costs 3800,- per month. Pension 1200,-. Care allowance 1800,-, rent from her then vacant apartment, 600,- Resulted, with some pocket money, in a subsidy gap of 400,- Divided by three children, so 133,- for each. That was not too alarming.
So you could also say, dear siblings, the house stays with you all, commit to provide and care for us. Karsten

What you are looking for is stated in §12 GBO (Grundbuchordnung). If you can prove a legitimate interest, you are allowed to inspect the land register sheet. All inspections are recorded. I would classify your described case as a legitimate interest; the final decision is made independently by the responsible judicial officer.

Isn't it the case that in the event of needing care, the costs have to be recouped retrospectively for 10 years from the property? And that the office approaches all children when it comes to covering costs? Sorry for the off topic In short, regards

If there is no will excluding compensation in the event of the death of your parents, then your brother must compensate for the advantage. However, the gift as such is not to be challenged and is initially of little concern to outsiders. After all, your parents are still alive and it is their assets, not those of the children.

That is possible if you all agree. Unanimously. Otherwise not, otherwise you will always be entitled to your compulsory portion, the parents or the brother would have to pay out the other siblings.

In my opinion, that is absolutely not correct. Compulsory portions apply upon the occurrence of the inheritance case, but not in the case of gifts.
Take a look at §2050 Building Code, especially paragraphs 1 and 3