ᐅ Gift from grandparents, mandatory inheritance shares

Created on: 8 Sep 2020 14:16
M
Maleled
Hello!
Just to start – we are still at the very beginning of our considerations. If it comes to it, we will definitely consult a notary.

My grandparents (who we partially take care of) have offered to make a gift and transfer their house and land to us.
The house is quite small and in need of renovation. Since both still live there, an extension to the house or a reconstruction and extension of the outbuilding is an option.

If the grandparents make the gift to me as a grandchild, the three children (unless they waive their rights) must be compensated.
But what about the other three grandchildren? Do they also have a claim to a compulsory portion, and if so, how much is it?

Would it be more sensible then to make the gift to Child 1 (in this case my parents) and have them pass it on to me? Then the grandparents’ Children 2 and 3 would be paid out, along with my brother.
Am I correct in this?
11ant8 Sep 2020 17:59
You can’t just pass on property through inheritance (or “gift” it before passing away). Donating is unjustly underappreciated, and besides transferring the real estate itself directly, you could also do this by passing on shares in a “Grandma and Grandpa Real Estate Holding Company.”
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Musketier8 Sep 2020 18:14
11ant schrieb:

You can't just inherit property (or "gift" it before passing away). Establishing a foundation is unfairly unpopular, and besides directly handing down the real estate itself, you could also do this in the form of shares in a "Grandma and Grandpa Real Estate Holding Company."

This might be a viable option for a real estate empire, but it is probably less suitable for a primary residence. At least from a tax perspective, I found no advantages, only disadvantages.
11ant8 Sep 2020 19:10
It’s not just about taxes. The grandparents are currently being cared for by the OP. If they have to move into a care home, what they have gifted within the previous ten years becomes relevant – what they have donated, as far as I know, does not.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
N
nordanney
8 Sep 2020 19:16
A foundation is too complex and expensive. It's just as nonsensical as a share deal for a small single-family house.