 |
| [US] Real estate division, inheritance rights can be distributed through a will. [TW] 房地分產，可透過預立遺囑分配繼承權。 |
Lao Dong inherited it from generation to generation with two tricks
What should I do if my son is not filial? A property-trading business owner was very worried about his son who was addicted to gambling and ran out of property. After he contracted cancer, he sought a letter from his predecessor and wanted to donate tens of millions of properties directly to his grandson. Let the prodigal son have the power to dispose of property, all painstaking efforts will be in vain. The landlord shared that in the end, the business owner transferred the "custodial rights" of his grandson to his divorced daughter-in-law, and then combined with the "pre-will" method to inherit the inheritance right from generation to generation to avoid losing the property to his son.
Zheng Wenzai, head of the Zhengye Landlord’s Joint Office, pointed out that a 60-year-old proprietor with one son and one daughter, but the son who was serious about studying, made bad friends out of society, got into the habit of online gambling, and lost his home. With millions of assets in his career, the boss was disappointed in his son.
Unexpectedly, the boss was recently diagnosed with cancer and worried about his death soon. When he thought of inheriting his property and premises to his son, he might be defeated. So he approached the landlord and wanted to transfer the property and property worth about 20 million yuan. Transfer ownership to grandson.
Zheng Wen is making an estimate. The boss will give a house worth about 20 million yuan to his grandson. The gift tax and land value-added tax will add up to nearly one million. Moreover, after the grandson is given the house, because his son has the right to guardianship, it is difficult to guarantee that he will not be disturbed. The real estate was sold, so he came up with a stopgap measure.
Because the son was indulging in gambling and was divorcing his wife at the time, the business owner took the opportunity to promote the custody of his grandson to the "unprepared daughter-in-law", so that his grandson's living environment and future could be protected. Inheritance rights are allocated to daughters and grandsons, and if they pass away in the future, the property will not be lost by the son.
"Actually, the sad grandfather is not completely disappointed with his son!" Zheng Wen said emotionally, "The proprietor asked me: "If the prodigal son turns around, can the will be changed?"" In fact, as long as the boss passes away, he can do it at any time. Cancel or change a will.
In addition, in the event of an inheritance, the son can claim "special points" to protect his rights, and he can get 1/2 of his due points in a lawsuit. Since only the daughter inherits from the grandson and no one else claims special points, the son will have a chance to obtain 1/6 of the father’s property through legal channels.
Chen Bingchen, director of the Global Real Estate Information Office, pointed out that the inheritance and donation of real estate involves taxation and legal issues, which may involve tens to millions of taxes at every turn. It is recommended that the public can seek assistance from lawyers, landlords and other professionals to plan and proceed. Legal tax saving.
[TW]
2千萬家產不給敗家兒 老董用兩招隔代繼承給孫子
兒子不孝怎麼辦？一名傳產企業主對沉迷賭博、虧空家產的兒子相當憂心，他罹癌後找上代書，想把千萬房產直接贈與孫子，豈料要繳百萬稅額外，還因小孩監護權關係，讓敗家子擁有處分財產權力，一切苦心將付諸東流。地政士分享，最後企業主將孫子「監護權」轉移給已離婚的媳婦，再搭配「預立遺囑」方式，將繼承權完整隔代繼承，避免房產遭兒子敗光。
正業地政士聯合事務所長鄭文在指出，一名60餘歲傳產老闆，育有一兒一女，但是原本認真向學的兒子，出社會交上壞朋友，沾染到線上賭博惡習，虧空家中事業的數百萬資產，讓這名老闆對兒子失望不已。
不料，這名老闆近期被診斷罹癌，擔心不久於人世，一想到將財產與房地繼承給兒子，可能被敗光，就找上地政士想把價值約2千萬的房產與財產，直接過戶給孫子。
鄭文在概算，老闆贈與總價約2000萬的住宅給孫子，贈與稅、土地增值稅加總要近百萬，況且孫子被贈與房子後，因兒子擁其監護權，難保不會動歪念將這筆房地產給賣掉，於是想出了權宜之計。
由於該名兒子沉迷賭博，當時正與妻子鬧離婚，這名企業主順勢將孫子的監護權推向「無緣的媳婦」，讓孫子生活環境及未來有所保障，並透過預立遺囑方式，將繼承權分配在女兒及孫子，未來不幸過世，財產才不會被兒子敗光。
「其實悲傷的阿公，對兒子並非完全失望！」鄭文在感性說，「傳產主問我：『如果浪子回頭時，遺囑可以改變嗎？』」，其實只要這名老闆往生前，隨時可撤銷或是變更遺囑。
另外，萬一有天發生繼承，兒子可主張「特留分」保障權利，可打官司取得為其應繼分的1/2。由於僅女兒與孫子繼承，無其他人主張特留分的情況下，兒子循法律途徑，有機會取得父親財產的1/6。
全球居不動產情報室總監陳炳辰指出，不動產的繼承與贈與，涉及稅務與法律問題，可能涉及動輒數十到百萬以上的稅金，建議民眾可尋求律師、地政士等專業人士等協助規畫，進行合法節稅。
Comments
Post a Comment