25.08.2016 | answered by Jan Wilking
Hello,
Let's say a person A receives a gift from their parents, for example 15,000.00 euros.
Since A has not owned a car for years, he takes the opportunity to buy a new vehicle. Although he has a few thousand euros in savings, he never wanted to t...
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27.07.2016 | answered by Bernhard Müller
A and B are the parents of D, E, and F.
In 2006, D and E each received a gift of 140,000 euros from A and B, while F received a gift of 120,000 euros.
F was supposed to receive the remaining 20,000 euros in 2009, but has temporarily lent the money t...
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09.06.2016 | answered by Jan Wilking
Hello,
the situation is as follows:
Parents A and B have three children, namely C, D, and E.
A and B started early to divide a part of their wealth equally among the children.
By the year 2006, most of the gifts had been given. The status at that t...
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07.01.2016 | answered by Jan Wilking
My grandmother is in a nursing home (92 years old and has Alzheimer's) and is now supposed to be classified as level 3 care. My parents are supposed to pay 500,00 €, which they do not have. My mother does not receive a pension yet, she is a housewife...
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28.11.2015 | answered by Jan Wilking
Does admission to a nursing home (approximately 8 years after the donation) also mean "onset of neediness"? This is about the 10-year period for a donation. Social assistance would only have to be applied for after 10 years and 2 months after the don...
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06.11.2015 | answered by Jan Wilking
Maintenance as a gift under inheritance law
Until the death of my mother, my sister lived alone and completely free of charge in my mother's condominium. My sister consciously chose to forgo housing benefits from the social welfare office.
Now, aft...
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07.12.2013 | answered by Jan Wilking
On the day of my mother's death, according to my siblings, her assets were approximately 30,000€. This amount is significantly lower than my rough estimate, as she was unable to spend at least 1,500€ of her total pension of 2,500€, even taking into a...
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21.01.2013 | answered by Jan Wilking
Question about real estate
Owner: Mother
Borrower: Mother
Resident of the property: Son
Son is paying the installments because he was not able to obtain his own financing at that time (just recently self-employed).
Now the extension of the loan is du...
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26.09.2012 | answered by Jan Wilking
Good day,
In September 2011, I got married abroad (for the second time), explicitly with separation of property. A week later, I signed a purchase contract for a condominium in Germany. The negotiations had taken almost two years and the seller had ...
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18.07.2011 | answered by Bernhard Müller
Hello,
I would like to ask for a recommendation/advice/assessment in the following situation:
- Widowed lady (80 years old)
- €170,000 property
- €120,000 cash assets
with 2 children
- Son A (60 years old) married, 2 grandchildren
- Son B (58 year...
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27.06.2011 | answered by Dr. Danjel-Philippe Newerla
Notarized facts
October 18, 1985: The mother hereby transfers ownership of real estate (two-story residential building) to sole ownership, with the obligation of the acquirer (me), to the following consideration:
Conditions:
1. Limited personal ser...
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23.06.2011 | answered by Jan Wilking
Hello,
Several years ago, my brother was unable to pay child support for his 3 children due to unemployment. The maintenance advance provided by the youth welfare office has since been repaid by him.
His divorced wife did not receive spousal support ...
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02.06.2011 | answered by Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
We have the following situation:
My husband (= EM) (many years older than me (= EF)) has 2 adult children (= A + B) from his first marriage; we have a child together (= C), our multi-family house was acquired by EM alone through ...
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19.05.2011 | answered by Jan Wilking
Dear Sir or Madam,
Through my probate inventory, I am obligated as a compulsory heir (my mother passed away in September 2010) to give my entitled compulsory portion to my ISV administrator.
After inspecting the land register (sale of 3 residential ...
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17.05.2011 | answered by Jan Wilking
Good day,
My wife passed away in February 2010. In her will, she appointed her 3 children from her first marriage as heirs. She granted me a lifetime right of residence as specified in her will. Until her death, we lived in a community of gains in t...
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02.05.2011 | answered by Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
We have the following situation:
My husband has two adult daughters from his first marriage. We have a 17-year-old disabled son together. Our joint assets (real estate and cash assets) amount to approximately TEU 500. We intend to...
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08.04.2011 | answered by Steffan Schwerin
Does the donation of a house to one's own children remove the value of this house from the final assets of the giving spouse? Date of donation must be no later than 6 months before filing for divorce.
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22.02.2011 | answered by Bernhard Müller
Dear Sir or Madam,
In 1974, our mother passed away. The existing property was divided among the heirs as follows:
Father: half
Mother's half: Father 1/2, daughter and son each 1/4
In 1983, it was stipulated in an inheritance contract that the son w...
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06.02.2011 | answered by Steffan Schwerin
I bought a property with a dilapidated building in East Berlin in the 1970s and expanded and renovated the building with a building permit. Due to the residency regulations in East Berlin, I could not make the purchase in my name, so my later wife, w...
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10.10.2010 | answered by Tobias Rösemeier
Hello,
we have been living separately in our 3-family house for 8 months (50:50 ownership). We have 3 full floors with separate entrances, which were 95% paid for by me. The house is divided into condominiums, with my wife on the lower floor in the ...
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18.09.2010 | answered by Kristian Hüttemann
Dear Sir or Madam,
we are acquiring a new car and would like to gift our previously used car to our son (valued at approximately €5,000). He intends to register it in his wife's name for the purpose of obtaining a cheaper insurance rate (as a second ...
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06.05.2010 | answered by Dr. Danjel-Philippe Newerla
My friend is self-employed and business has not been going well for about five years. At the end of the year, he is usually at breakeven or in the loss zone. During this whole time, he has managed to keep his business afloat. His personal lifestyle h...
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20.03.2010 | answered by Steffan Schwerin
Topic: Cash flow statement
The tax office conducted an external audit on me according to Paragraph 193 (1) of the Tax Code.
The accounting was mostly in order.
During the closing discussion, it was made clear that there were no signs of tax evasion...
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22.01.2010 | answered by Steffan Schwerin
Hello, my wife should inherit the house of her grandparents. The mother of my wife, who is the daughter of the grandparents, should not inherit the house and is also in agreement with this. How can we transfer the house to me and my wife in a cost-ef...
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17.12.2009 | answered by Dr. Danjel-Philippe Newerla
A Hartz4 recipient (60 years old and 50% disabled) receives a gift of a condominium from his brother. The brother purchases a 50 sqm apartment for the sister (also a Hartz4 recipient). The authority (Hartz4) now wants to stop providing benefits for t...
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