BAföG received as heir and orphan

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The Federal Training Assistance Act (BAföG) offers only a narrow financial basis for studying or training, but little BAföG is better than no BAföG at all. If, as an orphan, you also become an heir, funding is generally no longer an option if your assets are too large and usable.

In the case of student funding by the federal training aid, the following applies: the own income and assets of the will be taken into account according to the reason for the beneficiaries, as long as certain allowances are exceeded. However, it can be problematic, for example, if the co-heirs do not agree to the sale of the inherited house.

The inheritance can be part of one's own fortune

If you are an orphan and an heir after the death of your last parent, only a very limited number of cases are conceivable in which, for example, an inherited house does not prevent you from receiving BAföG. Because the allowances that are to be deducted from your own assets are not exactly generous.

  • If the inheritance occurs before the application is filed, the assets that you have accrued as a result of the inheritance are usually included in your eligible assets. Only an allowance of 5,200 euros is to be deducted from this, cf. § 29 para. 1 No. 1 BAföG. If you are already married or have children, there are additional allowances of 1,800 euros each (as of 2013).
  • The value of an inherited property or even just an inherited part of it will usually exceed the tax exemptions. For example, if you become the sole heir of a house that is no longer encumbered by land charges or mortgages, you will hardly receive BAföG.

BAföG received from community of heirs

  • It can be different, however, if you, as a co-heir, are unable to utilize your share. This could be the case, for example, if your siblings are definitely not going to sell your parental home want and are not prepared to encumber the property in any way (in order to, for example a credit finance).
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  • Because according to § 27 para. 1 sentence 2 BAföG, such things are not counted as assets that the trainee cannot use himself for legal reasons. In a community of heirs, however, the inheritance dispute can also be considered. However, this may have been excluded by the testator, see p. § 2044 para. 1 BGB.

The pension as an orphan is also taken into account

  • If you receive an orphan's pension, this will be added to your income. According to § 21 para. 3 No. 1 BAföG orphan's pensions apply - and thus also one pension as an orphan - in the amount in which they are paid, as income.
  • In addition, the amount of an orphan's pension that remains exempt from any income generated elsewhere does not remain deductible: § 23 para. 4 No. 1 BAföG, only 170 euros are not taken into account, while it is 255 euros for income from personal activities.

You can also receive BAföG as an heir and orphan. However, this depends on the individual situation or especially according to the value of the inheritance and the possibility of exploiting it.

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