Division of inheritance
Good day,
The following situation: An inheritance community consisting of three siblings with legal succession wants to transfer a rented condominium located in the estate to one of the heirs. For this purpose, the acquirer should transfer to each of his siblings one third of the value minus the gift tax exemption amount. Since 50% of the apartment was acquired by the deceased 9 years before the inheritance by divorce agreement, the notarial certification and land registry change should take place only after the expiration of the ten-year period to avoid speculation tax for the seller. Transfer of burdens and benefits should take place immediately so that the acquirer can service the remaining loan and receive the rental income. The background for this is that the two sellers do not have to pay taxes on rental income for the last year. The transfer amount should only be paid after the land registry change.
Is it sufficient to make an oral or written agreement for this and inform the tenant and property management? Would such an agreement necessarily have to be notarized?
Kind regards,
Alexander Peters
