Thank you for the many helpful answers!
O.k., it’s actually only about one parent or sibling who would spoil the soup. However, siblings are excluded.
“Siblings are not considered in the compulsory portion,[...]”
“Parents also only have a limited claim. They are only entitled to the compulsory portion if the deceased has no children and no spouse or registered life partner.”
q: easy to google using the above text (advocado)
In the compulsory portion calculator it says, regardless of whether both parents are still alive or only one – 25% entitlement:
q: easy to google using the above text (advocado) or via 2.3 compulsory portion calculator
Does that mean each parent receives 25%? And if the property is valued at €100,000, and half indeed belongs to the deceased person, then each parent receives €12,500? Or do the parents then receive parts of the property? Or is payment from the co-owner always possible?
@So if one is in a coma, then the other should be able to manage/use the property. And not the family or something of the respective other.
Legally secure it through power of attorney. That’s possible.
Would that then be possible via a living will? Or also simply a document where you explain this and then sign it with a date?
@Unless one gets into financial hardship and wants to receive social benefits, then the property would have to be forcibly auctioned by the office.
The office does not carry out forced auctions! Also, property (land with house) does not necessarily have to be sold. Sometimes it even costs the office less than if they have to finance your rent.
What I hadn’t said: it’s a building plot. But the existing old house is supposed to be demolished. The plot is then only to be used as a garden. Then would the property have to be sold? Or would the non-comatose party have to pay the social office half of the property’s value? Or is it more common to buy the coma patient’s half of the property and that way the money is then transferred to the social welfare office? For this, we’d better appoint each other mutually in a living will with power of attorney. Then the respective non-comatose person can be both buyer and seller (due to power of attorney) – in favor of the coma patient.
Another problem is the inheritance case. The property is an asset and will be inherited. If you don’t want that, such a thing has to be included in a mutual will, with a possible payout claim of the value against the heirs.
You should at least ask why such a construct has to be absolutely necessary. Many roads lead to Rome if you know what your actual goal is.
“Payout claim of the value against the heirs.” Does this mean the registered heir (i.e., each of us mutually) or the compulsory portion heirs (i.e., the respective parents; we do not have children)?
So the goal is as follows:
1. We want to buy a building plot together (the existing house shall be demolished), which we want to use as a garden.
2. In case of coma, death, etc., we want to inherit the property only between ourselves. And not have to pay anything to third parties.
Marriage is rather not an option. There are many dependencies in other areas. Although we are not related, so marriage would basically be allowed.
We bought our apartment as a GbR. A GbR contract is set up which can regulate many things.
For example, the right of sale for one person in case of separation or death.
Is it legal just to found a GbR like that? Or would that be a shell company? Doesn’t that also take weeks or months? Do you then have to pay trade tax? Or something else? Present financial statements or something like that? Is the property then taxed differently? What do you mean by “For example, the right of sale for one person in case of separation or death.” So, if one person dies, then the other person may buy the other ideal half of the property? That would also be the case with the compulsory portion. You inherit the other half mutually. But the compulsory portion would have to be paid. You would also have to pay real estate transfer tax, I just realized. Great ;)
So I still don’t see any difference between inheriting and GbR.
Would the following be an option? Only one buyer of the real estate is registered. And that person’s parents sign a waiver of the compulsory portion. Basically, it is only about the other person’s parents who would spoil the plan. Or are there hidden pitfalls there again?