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Real Estate Inheritance: Inter vivos Gift - ©freepik

Leaving real estate to your heirs: Have you ever considered making a lifetime gift?

Have you ever thought about what will happen to your property when you’re no longer here? Perhaps you’re worried that your heirs might have trouble paying the inheritance tax—or might even end up in a bitter dispute over it?

There is a way to arrange your real estate inheritance according to your wishes while you are still alive. By transferring your property through a gift, you can not only ensure that it goes to the right people but also avoid unnecessary conflicts among your heirs.

But be careful: a gift also comes with its own challenges. The question of taxes that may apply to the transfer is an important consideration. The amount of these taxes depends on the value of the property and the family relationship. It is crucial to understand this financial burden in advance.

Inheritance Taxes in Germany: An Overview of Key Exemptions

The following tax-free allowances apply in Germany:

  • Spouses and registered partners: €500,000
  • Children and stepchildren: €400,000
  • Grandchildren and great-grandchildren: €200,000
  • Parents and grandparents: €100,000
  • Siblings: €20,000
  • Non-relatives: €20,000

You should also ensure that your interests as the donor are protected. It is advisable to set conditions that ensure your property remains in good hands and is not sold or used for other purposes against your will.

Meeting Your Needs

One way to protect yourself is to set forth specific terms and rights in the contract. For example, you can agree to a right of reclamation, which allows you to reclaim the property if the recipient faces financial difficulties and must sell the property to settle debts.

In addition, you can establish further conditions to ensure that your wishes are respected and the property is used in accordance with your intentions. These include rights of residence or usufruct, which allow you to continue living in the property or retain certain rights of use. You can also establish prohibitions regarding renting, resale, or other uses to ensure that the property is not used contrary to your intentions.

The obligation to care for the donor can also be stipulated in the contract. This agreement can serve not only to ensure that you are adequately cared for in old age, but also to prevent a potential revocation of the gift by government agencies in the event that you require long-term care.

As real estate experts, we can offer you valuable insights and experience regarding real estate inheritance and assist you with any questions related to the property.

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