Inspection of the land register parents' house

  • Erstellt am 2017-05-30 12:26:50

Caspar2020

2017-05-30 13:50:34
  • #1


Be careful, because there is a so-called compulsory portion supplementary claim. Since the legislator wanted to protect those entitled to compulsory portions from the consequences of such tactical gifts, these gifts are simply ignored in many cases: gifts that the testator made up to ten years before his death are fictitiously added to the estate, which is decisive for the amount of the compulsory portion.

See §2325 Building Code.
 

toxicmolotof

2017-05-30 14:03:25
  • #2
Just as a side note: The parents are still alive. And the topic of inheritance was not asked about. In my opinion, read GBO and politely and kindly demonstrate a legitimate interest. In my OPINION, no information is provided to the owner.
 

Nordlys

2017-05-30 14:07:04
  • #3
Just as Caspar says, I know it that way too. Yvonne, the 10 years rule also applies to the office. But here it’s about, I let myself be given a house, in return I commit to care, no office, nothing. Karsten
 

77.willo

2017-05-30 14:15:56
  • #4


§2325 is only applicable if the recipient of the gift is not entitled to a compulsory portion. In this case, in my opinion, the one I cited is applicable.
 

HilfeHilfe

2017-05-30 14:25:47
  • #5
Hello,

thank you very much for the lively discussion. It is already heading in the direction that I am extremely bothered by being "overlooked." I also imagine that the share for our care should not go into the €5,000 per month.

The house itself, if it is really transferred, is it then also a SE gift? Or does it depend on the wording? If you care for me, then gifted, otherwise returned?

Unfortunately, we have no insight into this. One brother is not interested, he is a life artist and never there. The other has so little money that he is grateful for every obligation he does not have.

I only see that €180,000 is being gifted here and only a few euros in return.
 

HilfeHilfe

2017-05-30 14:28:21
  • #6
That means access is recorded but the parents are not informed?

Assuming the parents die in 5 years and the house falls into the estate despite the gift. Then only 90k comes in? (Value of the house 180k, 18k per year, after 5 years 90k belong to the brother, 90k freely available)
 

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