The transmission of an apartment to your children may seem a good test of love … but some goods are actually real traps. When the illusion of a legacy turns into a tax nightmare, it is better to listen to those who know how to say no. An old notary breaks Omerta on excessively frequent situations: the donation scarcely awaited, theheir trapped ea succession That becomes the flask. And this is not a theory. The story that tells the blood for its brutality … and for its banality.
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Perfect goods
Antibes, two apartments of 65 m² each, estimated at 350,000 euros each. The type of inheritance he dreams of many French, to convey to lighten the taxation future. This is in any case what Laurence, a retired 68 years, thought when he decided to anticipate the broadcast to his only daughter. With 50,000 euros of annual lease income, the operation seemed as generous as strategic.
The former notary Coilie Daven provided for the first time to Donation in full ownership. An option often recommended to avoid too heavy rights at the time of succession. But what Laurence was not aware is that these perfect apartments hid a very real debt. A legal and fiscal thorn planted in silence in the heart of the family project.
A hidden tax bomb
During conventional checks, the notary discovers that the goods are burdened with legal mortgages. The taxman had recorded a guarantee on the two apartments due to unpaid tax arrears, for a total amount of 20,000 euros. Laurence, out of ignorance or discomfort, had never mentioned this debt. Yet everything changes.
Because these mortgages do not disappear during the transfer of ownership. They follow the good, like an invisible chain. Result: Laurence’s daughter, a manager of advertising, would not have inherited two profitable homes, but with toxic debt, with the risk of an attack if the amounts had not been resolved quickly.
A gift that can ruin a life
“Never convey these assets to your children,” said Coralie Daven, without a deviation. This type of donation, poorly prepared, can lead to very heavy financial consequences for the heirs. High notary commissions, surprise tax debts and immense pressure for children who have not asked for anything. In the case of Laurence, the drafting of the law and the rights amounted to over 41,000 euros.
The situation was even more absurd because this amount represented more than double the initial tax debt. Trying to help his daughter, Laurence could have put her in the long term, while he worsened his financial situation. A false good gesture, but a true disaster of the heritage.
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Because a little inheritance should be avoided
It is essential to understand that not all goods are equal in terms of transmission. Some are full of stories, emotions … but also accusations, work or debts. And when a property hides a mortgage, even legal, it becomes a clockwork bomb for those who receive it.
In these cases, it is better to sell a good, to clean the debts and transmit only what is healthy. Good notary It will clearly say: it is better to transmit anything if not to transfer a problem. Far from the advice idealized oninheritanceThese real situations show that the poorly framed anticipation can hurt more than well.
Say no can be an act of love
Coralie Daven recalls Laurence’s reaction when he discovered the truth. First a shock, then tears. But a few weeks later, the customer recalled him to thank you. Because a good advice, sometimes, is to say no. Brake. Reject a transfer that would endanger the life of his daughter.
This case is not isolated. Many parents want to help, reassure, protect the future of their children. But without external gaze, good intentions can be transformed into formidable traps. And when benevolence leads to debt, it is urgent to review the certainties we have on Hereditary law.
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And you, do you transmit a trap?
The question disturbs, but deserves to be asked. Have you checked the actual state of your property before considering their transmission? Are you sure what you leave you behind is a support … and not a weight? Many parents, thinking of doing well, involuntarily creates dramatic situations.
Silence around these cases is a real problem. So let’s talk about it. And if you have already lived or avoided this type of trap, share your experience so that others do not fall.
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