Estate Directory: Tips for Optimal Estate Planning

Table of contents:1. Introduction to Home Maintenance the Register of Successions2. Legal basis and requirements3. Preparation of a list of successions4. Content and structure of the list of successions5. Valuation of assets6. Debts and liabilities in the estate register7. Dealing with real estate in the estate8. Digital heritage and estate register9. Conclusion and final tipsIntroduction to the estate register

The estate register is a central instrument in German inheritance law and serves to record and evaluate the entire estate of a deceased person. It is essential to make the financial circumstances of the testator transparent and thus also to contribute to the avoidance of disputes between the heirs. This section discusses the legal basis, the meaning and the individual components of an estate register. Legal basis

The obligation to draw up an estate register results from § 260 of the German Civil Code (BGB). It states: “The heir must provide the person entitled to the reserved portion with information on the existence of the estate on request.” As a rule, information is provided by means of a written list of the estate, in which all objects of the estate are listed and evaluated. This obligation applies to all heirs, regardless … Read the rest

Flüchtlingsrat NRW – Accommodation fees

In some cases, municipalities charge high usage fees for accommodation in shared accommodation (GUn). Home Maintenance Refugees are obliged to (co-)pay their accommodation costs if they have their own income (so-called self-payers). The amount of the usage fee often does not depend on the occupancy, the condition of the living space or the number of square meters available, but is set at a flat rate per person.

The costs are sometimes (significantly) higher than for a regular apartment with local rent. This is because many municipalities base the calculation on all costs associated with accommodation (e.g. security service, social care, caretaker, maintenance costs and/or other items). Nevertheless, many self-payers are dependent on shared accommodation, as they cannot find affordable housing on the housing market.

Here are examples of particularly high usage fees:

Statute of the city of Bocholt on the use and user fees of the […] Accommodation for foreign refugees from 28.10.2019, entered into force on 01.12.2019.

The statute of the city of Bocholt shows several categories of GCs, for each of which fees are charged in different amounts. The ancillary costs can be adjusted without the need to amend the articles of association.

In GUn, where sanitary facilities, … Read the rest

SG Nuremberg, court decision of 30.07.2021

Benefits, pension, disability, integration assistance, decision, care allowance, pension, accommodation, court decision, service provider, long-term care insurance, claim, cohabitation, heating, long-term care insurance benefits, disabled people, integration assistance benefits

LSG Munich, judgment of 22.09.2022 – L 4 P 56/21

II. Extrajudicial costs are not to be reimbursed. Findings

The defendant’s obligation to grant care allowance according to care level 3 is in dispute between the parties.

The plaintiff, who was born in 1951, has been mentally disabled since birth. He lives since 27.06.1998 in the Lebensgemeinschaft e.V. M. and lives there in a single room in the house “S.”. The village community M. is open to adults with a mental or multiple disability within the meaning of § 53 Home Maintenance SGB XII (old version) from all over Germany and offers them a second area of life in addition to stationary living (workshop for disabled people with vocational training area or offer for daily organization according to housing and care contract of 30.06.2010). The village community M. describes itself in the contract as an institution of “integration assistance for people with disabilities”, i.e. people who have a right to accompaniment, assistance, help, promotion or care described in SGB IX or … Read the rest

Conservation measures (maintenance and repair)

My landlord wants to carry out repair measures. Is there a difference to maintenance?

Maintenance and repair are measures that serve to preserve the dwelling or building. The law thereHome Maintenance fore speaks of conservation measures. A maintenance measure is understood to mean measures that eliminate existing damage (repair) and prevent possible preventive measures (maintenance). The distinction between the two terms is fluid. You must tolerate both. The landlord must announce conservation measures. Only if these are associated with only insignificant effects for you, the obligation to announce does not apply. The costs for maintenance measures must be borne by the landlord. However, it is possible to impose costs for maintenance measures on tenants by means of a rental agreement. Rental agreements often stipulate that tenants have to bear the costs of minor repairs.

What are small repairs and do I have to cover the costs in full?The term comes from the cost tenancy law (applies to price-controlled, publicly subsidised apartments, but in this case is also applied to price-free apartments) and is defined in § 28 paragraph 3 of the Second Calculation Ordinance. After that, minor repairs only include repairing minor damage.In order to be effective, clauses on … Read the rest

Report on Hearing #8 – Initiative Forum

Many houses that were built in the post-war years and whose construction was subsidized by the state still offer affordable housing today. In inner-city locations, they arouse the interest of the real estate industry: After demolition, the plots can be built on with condominiums or high-priced rental apartments such as micro-apartments. What needs to happen so that the tenants are protected and the houses are preserved was the topic of the eighth hearing of the IniForum.

The representatives of the participating initiatives were Daniel Dieckmann from IG Habersaathstraße and Wolfgang Home Maintenance Mahnke as well as Klaus Helmerichs from MieterWerkStadt Charlottenburg, flanked by Sebastian Bartels, Managing Director of the Berlin Tenants’ Association. Participants representing the Senate and the House of Representatives were: Ülker Radziwill (SPD), State Secretary for Tenant Protection and Neighbourhood Development, Katrin Schmidberger, Spokesperson for Housing, Rents and Budget Policy, Julian Schwarze, Spokesperson for Urban Development, Tourism and Club Culture (both Bündnis 90/Die Grünen) and Katalin Gennburg, Spokesperson for Urban Development and Building, Environment and Tourism (Die Linke). The hearing was moderated by Anastasia Blinzov.

Sebastian Bartels introduced the topic, which he described as a “social, housing policy dilemma” and which should also be considered from an ecological … Read the rest

r/de – So my living space does not belong to the apartment

So friends. Someone had written something about “On the buttocks hangs the percussion device”? Agrees. I just have to let off steam.

We live in an apartment on the ground floor, which includes an attic room. According to the rental agreement, the area of this attic room “expressly belongs to the living space”. Now today the doorknob of the door to this attic room has broken off me. Yes exactly, that’s how I looked. I’ve never had anything like that. Door is closed, opening and locking is still possible, but you can no longer open the door.

Yes, I thought to myself. My tools are in there. And I have to travel on business on Sunday. Yes shitterle. So I called the landlord: There the employee told me to make an appointment with company XY. Asked about the business trip and the necessity of access, it was then said that a locksmith service was already expensive. Therefore, please call the caretaker first, maybe he can open the door. He was supposed to work until 5 p.m.

Caretaker, of course, did not go to it. Home Maintenance Only once did I get through to the headquarters of the caretaker service: They … Read the rest