Inheritance traps: How to avoid disputes over real estate assets!

Inheritance traps: How to avoid disputes over real estate assets!

With 430,000 properties inherited in Germany every year, the topic of real estate inheritance is becoming increasingly relevant. Experts warn that many heirs have problems with the resulting disputes. So included loudly WORLD Around 46 percent of inheritances are home ownership. An expert talk with lawyer Alexander Bars and business editor Michael Fabricius sheds light on the difficulties that can arise when inheriting real estate.

One of the most common points of contention is donations and the issue of usufruct. These points can not only lead to bitter disputes, but can also result in high legal fees. The aim of the discussion is to develop strategies that allow heirs to avoid disputes and minimize costs. The recording of the expert talk presents practical examples that show how to avoid compulsory portion traps and provide valuable information on the division and valuation of assets.

The legal framework

Particularly relevant is the issue of compulsory portion, which provides for a minimum share in the estate for close relatives who have been disinherited. How anwalt.de explained, the compulsory share quota is half of the statutory inheritance quota, whereby the claim is primarily aimed at monetary payment. It is important to note that there is no compulsory share in a property. Claims relate to a share of the overall estate and not to individual assets.

In order to enforce their claims, those entitled to a compulsory portion must take action by asserting them against the heirs. You also have the right to request an estate register that includes the testator's properties. An expert is also required to carry out a valuation of the property, which is crucial for calculating the compulsory share.

Special challenges in real estate

Real estate is often valued using different methods, such as the income method or the material value method, depending on the actual use of the property. Liabilities of the testator do not directly reduce the property value, but are included as deductions in the estate register.

A common problem occurs when real estate was gifted during one's lifetime. Such real estate no longer belongs to the testator's estate and can significantly influence the compulsory portion claims. However, the legislature has introduced compulsory portion supplementary claims, which allow donated properties to be included in the compulsory portion determination up to ten years after the donation. After this period, these gifts are irrelevant unless the testator has reserved beneficial ownership.

In particular, foundation transactions with spouses always remain relevant for the compulsory share as long as the marriage exists. When valuing real estate given away as a gift, it is important to apply the lower of cost or market principle, whereby the lower value at the time of donation or inheritance is decisive.

The discussion about real estate inheritances is determined not only by economic but also by emotional factors. A clarifying conversation and timely support from experts can help to avoid possible conflicts and ensure clarity.