Death is a topic no one likes to think about \u2013 yet precisely for this reason, it often leads to uncertainty, disputes, and financial burdens for the bereaved. Thoughtful estate planning not only helps avoid inheritance disputes but can also offer tax advantages. We explain what’s important when it comes to bequeathing and gifting assets.<\/p>\n\n
If someone doesn’t leave a will, their assets will be distributed according to the statutory rules of inheritance. However, this can lead to unexpected results:<\/p>\n\n
– The spouse does not automatically inherit everything – depending on the marital property regime and relationship, their share is only a quarter to half.<\/p>\n\n
Children are legally entitled to inherit and can therefore become co-owners of real estate or companies, which can lead to conflicts.<\/p>\n\n
– Unmarried partners receive nothing if they have not been provided for in a will.<\/p>\n\n
“In many cases, the statutory rules of inheritance fail to reflect what the testator truly wants. Individual estate planning is therefore essential.” – Attorney Istv\u00e1n Cocron<\/p>\n\n
Even though testators are generally free to decide who inherits how much, there is the right to a compulsory share. Spouses, children, and in certain cases even parents are entitled to a compulsory share \u2013 this amounts to half of the statutory share of the inheritance and must be paid out in cash.<\/p>\n\n
Gifts made during one’s lifetime can also affect the compulsory share: they may be added to the value of the estate if they were made within the last ten years before the testator’s death.<\/p>\n\n
Those who transfer parts of their assets during their lifetime can save on inheritance tax and ensure that their assets end up in the right hands. This is particularly advantageous in the case of…<\/p>\n\n
– Real estate transferred to children or spouses<\/p>\n\n
– Business succession<\/p>\n\n
– Targeted Tax Optimization Through Tax Allowances<\/p>\n\n
However, one should be aware of potential risks: For example, those who give away a property can protect themselves by granting a usufruct or right of residence.<\/p>\n\n
Inheritance and gift tax depends on the relationship between the beneficiaries and the value of the transferred assets. The tax-free allowances are as follows:<\/p>\n\n
– \u20ac500,000 for spouses<\/p>\n\n
– \u20ac400,000 for children<\/p>\n\n
– \u20ac200,000 for grandchildren<\/p>\n\n
– \u20ac20,000 for other persons<\/p>\n\n
Transferring the tax allowances early can help to use them multiple times and reduce the tax burden.<\/p>\n\n
When an inheritance case occurs, there are some important steps to take:<\/p>\n\n
1. Report the death – no later than the third working day at the registry office.<\/p>\n\n
2. Deposit your will – If you have one, deposit it with the probate court.<\/p>\n\n
3. Check the inheritance – Are there any debts? If so, the inheritance can be disclaimed (within six weeks).<\/p>\n\n
4. Apply for a certificate of inheritance – if necessary, e.g. for the transfer of real estate or bank accounts.<\/p>\n\n
Particularly important: In the case of an inheritance community, all heirs must make decisions together \u2013 this can become complicated. Professional advice can help here.<\/p>\n\n
A well-thought-out estate plan protects your family, avoids disputes, and saves on taxes. Whether it’s a will, an inheritance contract, or an advance inheritance arrangement \u2013 the right strategy depends on your individual circumstances.<\/p>\n\n
Our recommendation: Seek legal advice early on to ensure your estate is optimally arranged. <\/p>\n","protected":false},"excerpt":{"rendered":"
Death is a topic no one likes to think about \u2013 yet precisely for this reason, it often leads to uncertainty, disputes, and financial burdens for the bereaved. Thoughtful estate planning not only helps avoid inheritance disputes but can also offer tax advantages. We explain what’s important when it comes to bequeathing and gifting assets. […]<\/p>\n","protected":false},"featured_media":0,"parent":0,"template":"","news-kategorie":[30],"class_list":["post-3595","news","type-news","status-publish","hentry","news-kategorie-erbrecht"],"_links":{"self":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/news\/3595","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/news"}],"about":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/types\/news"}],"wp:attachment":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/media?parent=3595"}],"wp:term":[{"taxonomy":"news-kategorie","embeddable":true,"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/news-kategorie?post=3595"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}