DO I ACCEPT OR GIVE UP THE INHERITANCE?

DO I ACCEPT OR GIVE UP THE INHERITANCE?

In recent days, the press has revealed the significant increase in inheritance renunciations in Spain. As usual in this blog, we will try to give a practical vision of the matter, for which we will have to refer to what the process of acquiring an inheritance is.

THE HEIRS

When a person dies, their heritage is not lost, but is transferred to others, called heirs, and as a consequence of the acceptance of the inheritance they come to acquire all their assets, rights and obligations left by that person at their death.

The heirs of a person will be those that the person has designated in a will, or in the absence of a will, the closest relatives determined by law, and who will be the subject of a well-notarized declaration, according to the degree of kinship they have with the deceased person.

TO BE HEIR YOU MUST ACCEPT

However, the fact of being named heir by a person or of being so by designation of the law, does not make this person the heir of another, since an act of acceptance of the inheritance is required, which can be express or tacit, in the same way that inheritance can be waived.

acceptance of inheritance is express when the call to an inheritance manifests it in a public or private document, and it is tacit, when his action results in his desire to acquire the status of heir.

If it is convenient to draw attention to the fact that tacit acceptance is really very easy to occur, therefore, when in doubt that there are debts in the inheritance, it would be convenient not to take possession of the hereditary assets.

The repudiation of the inheritance, unlike the acceptance, is an express act since it needs to be carried out before a notary (article 1008 CC).

Both the acceptance and the repudiation of the inheritance have the characteristics of being acts:

A.- volunteers (no one can force me to accept or repudiate),

B.-indivisible (refers to the entire inheritance),

C.- irrevocable (once they have been made, we cannot go back) and retroactive (its effects begin from the day of the death of the deceased)).

FROM AND UNTIL WHEN CAN I ACCEPT THE INHERITANCE

The acceptance and repudiation of the inheritance can be carried out from the moment in which it is known that the calling as an heir exists, that is, when we know what the content of a person's last will is or when we are aware that there was no will and we are one of the relatives called by law to the inheritance.

The acceptance and repudiation of the inheritance can hardly be carried out before fifteen working days following the death of a person, which is the essential waiting period to obtain the certificate of last will.

The right to accept and repudiate the inheritance is not subject to a term, it can always be done. For more information on inheritance terms, I refer to this entrance from my blog.

And in those cases in which a person does not state whether he accepts or repudiates, any person who has an interest in that acceptance or repudiation could request a NOTARY to express himself in one way or another, under the consequence that if nothing is said, silence will be considered as pure and simple acceptance of the inheritance (article 1005 CC).

ACCEPTANCE PURE AND SIMPLE OR FOR THE BENEFIT OF INVENTORY

The consequences of the acceptance of the inheritance are different depending on whether it is carried out purely and simply or for the benefit of inventory.

As a consequence of the pure and simple acceptance of the inheritance, all the assets, rights and obligations of the deceased person are acquired and the heir is responsible for the debts and charges that he could have left not only with the assets of the inheritance but also with his own. own. In the event that there are several heirs, each one will be responsible for all the debts (article 1084 CC).

If, on the contrary, the inheritance is accepted for the benefit of inventory, the heir will not respond for the debts and charges of the inheritance with his own assets, but only with the assets of the inheritance.

It would be desirable, as happens in Catalan law, for the general rule to be acceptance for the benefit of inventory, so that the heirs can enjoy this benefit, even if they do not expressly state it, but unfortunately our succession law, It has a lot to do, modify and modernize.

THE REPUDICATION OF THE INHERITANCE

The repudiation of the inheritance means that the renouncing party will not be able to acquire any property from it, and all of it definitively, since as we have indicated before, it is an irrevocable act.

The part of the inheritance that is not acquired by the person who has renounced will go to other people, according to what the testator has determined in his will or in the event of his silence, to those people determined by law, by application of the mechanisms of the law of successions.

We cannot finish without making a call to the correct advice again before making any decision with inheritances in which we may be interested.

274 thoughts on “¿ACEPTO O RENUNCIO LA HERENCIA?”

  1. I would like to know what is the approximate fee that must be paid to the notary to renounce an inheritance, and if there are two brothers who renounce if the price changes, is it the same or doubles.
    Thank you

    1. The resignation if it is pure and simple comes to cost 30.06 per heir. To this must be added the VAT AND copies. The cost can be around 100 euros. It would be a little cheaper to do it in a single document. All the best

  2. Hello, I am joint heir with my sister of my father's estate. I want to renounce the inheritance, but my father in the will has put my children (4 and 8 years old) as "vulgar substitutes". Can they also give up the inheritance? How should I do it so that they resign if possible? Can I be without accepting or repudiating the inheritance for years so as not to harm my children?

    Thank you very much and greetings

    1. If the whole issue is governed by the legislation of Catalonia, since your children are minors, a complement of capacity will be needed, so that in addition to the parents, the two closest relatives must sign, or a judicial authorization will be necessary.

    1. If you renounce the inheritance, it corresponds to other people, who could be your children, it depends on whether there is a will or not, and if there is a will, what it says.

      1. If a person renounces his father's inheritance for known debts and passes it on to his children, can the creditors of the former seize the assets that the children have inherited? On the other hand, if 18 months have passed since the death of the father and the inheritance has not been accepted or renounced, a judge can seize the assets that are destined to the heir in the will. It is clear that the debts do not belong to the deceased, they belong to the heir.

        1. They may be seized for debts of a person, all the assets that he has, and whatever their origin. If the inheritance has not yet been accepted, the procedure can be somewhat more complicated, but in no case are they free from being seized

  3. I would appreciate it if you could clarify if I, as the heiress, can accept only part of the inheritance? Thank you and regards.Carmen

    1. No acceptance is global. Another thing is that you can accept for the benefit of inventory (so as not to accept the debts) and that by way of distribution you can award the assets you want, as long as there is agreement with the other heirs.

  4. Good afternoon,
    My father passed away in 2012, leaving behind various debts in addition to the mortgage on the house. My mother, my mother and I all renounced the inheritance by notary. However, the companies to which my father owed money keep calling me. Is it my obligation to send you a copy of the resignation document or is it publicly accessible? Thanks in advance.

    1. hello, greetings, my question is the following, I have renounced my part of the inheritance that I gave, mother.
      I have communicated it to the other heirs, I am obliged to give them the deed of that resignation, I have not given it to them because they acted in bad faith with my mother, taking her to the notary to make a will the day before she was admitted to die, I await your answers, thank you.

  5. My father passed away on March 14, 2014, naming his other daughter universal heir, and he leaves me a part of the inheritance, which in my opinion, has not covered the legitimate one. That is why I had not yet accepted the inheritance, and also because of my economic problems, I delayed this issue. On September 5, I received a notification from the Court of Instance, in which I was forced to accept or not the inheritance, within a period of two months; otherwise, it will be understood that I renounce the inheritance. I believed that each heir could accept when he wanted, since there are many people who sign inheritances after many years. I am in Catalonia. In other words, on top of that I will have to pay the costs of this lawsuit, I wonder.

  6. I just found out that my first cousin who died on April 30, 2015 named me heir in his will. One of his five daughters told me yesterday, to whom he gives the legitimate one, exclusively.
    I would like to know if I have to be notified officially and what term I have to accept or repudiate the inheritance, what expenses acceptance may entail, how do I find out the global patrimony and who is responsible for the notary expenses, if I end up renouncing it.

    1. No one should tell you anything. Currently there is an acceptance procedure for the benefit of inventory, through which it could be known what the assets and liabilities of the inheritance are. The cost will depend on the work to be carried out and the term, at least in Catalonia it is six months from the death. The repudiation of the inheritance is very cheap, but the cost must be borne by you.

  7. Hello, I have a question: we are three brothers and my parents want to leave a house, the only patrimony they have to my eldest son who is the eldest of eight grandchildren. As far as the brothers know, the house is not completely legalized, there are no documents for regularize. My parents have told us to give up the house in favor of this grandson and we want to respect the rights of the rest of the grandsons. What should we do? To date, my parents have not made a will and want to make a living donation. Thank you

  8. My mother died in 2011. She left a pre-bequest to 3 children and the rest to be divided among 5. They took me to court to accept or renounce the inheritance, having already written the pre-bequest (I am exempt from that part). I accepted an inventory benefit, and to this day I still do not have an inventory, since one of the heirs co-owner of the deceased's accounts emptied the accounts before she died. The 3 of the pre-legacy incapacitated their father (Alzheimer's) and have refused to give me the inventory of my mother's assets that correspond to my father. Now this one has also died and I still have no inventory of anything.
    I have already filed a complaint against the guardianship entity (removal 1 year ago and incapacitation court continues without verdict).

  9. WE ARE THREE FAMILIES HEIRS OF AN UNCLE WHO DECEASED 10 YEARS AGO UNTIL NOBODY HAS MOVED. I HAVE DECIDED TO LOCATE THE HEIRS AND IT IS IMPOSSIBLE FOR THOSE LOCATED SAY THEY DO NOT WANT TO KNOW ANYTHING. HOW CAN I DO TO FORCE THEM TO PULL BACK OR FORWARD TAKING INTO ACCOUNT THAT YOU ARE ANNOYING OTHERS. THANK YOU

    1. It can require you to accept or repudiate and/or, where appropriate, request the appointment of splitter accountant. Everything can be done before a Notary, so talk to the one closest to you.

  10. Good afternoon, I was recently notified that a family friend who recently passed away has named us as heir. He had several properties and money that he distributed among several acquaintances, nothing for his relatives (he had no children). My sister and I are entitled to an apartment where a relative lives on the condition that the tenant and her husband can remain there until their death. Add the clause that the rent can never be raised.
    There is no rental contract and it was collected by hand, so I cannot prove what I paid.
    Is it possible to request the annulment of the clause that the price cannot be increased at least the standard of living? I see that in these conditions in a few years I will practically have to support the tenant (ibi, community, maintenance,...)

  11. My mother passed away 5 months ago, we are 4 heirs to a house, two want to accept the inheritance and two do not want to at the moment, because they are afraid that when the house is deeded in the name of the four of them, their part will be seized, due to debts. Do they have to accept at the same time or can they do it separately?

  12. Good morning Luis:
    The renunciation of an inheritance must be made prior to an inventory or you can simply renounce what corresponds to you as an heir.
    The case is that a relative dies without a wife or children. He did not testate and the heirs are the brothers.
    Who is responsible for doing the inventory? Is it an essential condition to make an inventory or can it be waived without further ado since everyone knows approx. what did the deceased have?

    1. You can just give up. The realization of the inventory is to accept for the benefit of inventory, that is to say without responsibility for the debts of the inheritance that can only be made effective with its assets.

  13. My query is as follows, we are three sisters, my father died a few years ago and we resigned in favor of my mother until she passed away for 5 years, my mother has Alzheimer's and we can agree to sell two properties that she has since we have a power of attorney notarial, it is easier and less expensive to do it before or when you die (hopefully it will be rather late) but there are expenses that it is very difficult for us to assume. Thanks I live in Barcelona

    1. Selling and inheriting are two different topics.
      Inheritance entails the payment of inheritance tax (almost zero in many cases) and municipal capital gains.
      The sale entails paying the same municipal capital gains and for the increase in assets in personal income tax.

      The cheapest will depend on the values, but if you sell, there will be money that you will have to inherit, if it has not been spent.

  14. Good afternoon.
    We are in the process of incapacitating my mother. During this period my brother has been appointed as legal defender. To meet the expenses of the residence, it has been decided to sell the apartment. My father died in 1990 and left no last will. Here in Catalonia, as I think I know, my father's part belongs to the direct descendants and my mother remains the usufructuary of that part.
    My question is, having accepted my father's inheritance and the subsequent sale of the apartment guarded by the judge, the part of the inheritance acceptance belonging to my father belongs to the heirs or to the usufructuary of the apartment in this case my mother?
    Thank you very much in advance

    1. I assume you are referring to the sale price. The normal thing is to attribute to the usufructuary a part of the price proportional to the value of the usufruct.
      The value of the usufruct is 89 - the age of the usufructuary, with a minimum of 10% If your mother is 80 years old, the value of the usufruct will be 10% AND THAT VALUE OF THE PRICE IS WHAT CORRESPONDES TO HER.

      All the best

  15. Good afternoon,

    My father passed away in 2001 leaving my mother and the children the legitimate heir. All of us children renounced any rights that could correspond to our father's inheritance in 2002. Later, my mother died in 2006 without accepting or repudiating the inheritance that my father had left her. Now we were thinking of accepting my mother's inheritance and repudiating what came to her from my father. In this case, my father's inheritance, to whom would it go? And if we also gave up my mother's? My father had and still has brothers.

  16. Good afternoon,
    My question is:
    Single person who has a flat and parking in Barcelona and some cash, with deceased parents, with several siblings.
    One of the brothers is the universal heir, what will pertain to each one of them with name and surname are specified.
    Is there also a legitimate one?

    Thank you very much for your attention
    Greetings,
    pains

  17. Hello Luis ,
    In his will, my father left the usufruct of his apartment to his wife (she is not my mother), and the bare property belonged to me, he had a little money in the bank and a few months before he died he put it in the name of his wife who has never worked. Two months after my father's death, I signed the waiver of money with a notarial document but I accepted the apartment. Now my father's wife wants me to pay half the mortgage on the apartment. Can I give up the apartment? It's not registered yet, but it is in my name!

    1. I can't answer without seeing documentation. What you should know is that in principle everything can be done, the question is the cost, depending on how it is done. Without seeing documentation I cannot inform you, but you must know that the acceptance or resignation are irrevocable, that is, once they are made, they cannot be undone.

      1. Forgive me for insisting but I have read in other responses that the inheritance or do you accept all of it or renounce all of it, then is the document renouncing part of it valid?
        Thank you very much for your help!
        Greetings.
        Maria.

        1. Many times there is talk of resignation when there is really an agreement to share the assets. The resignation or acceptance must be total. Without seeing any documentation it's really hard to give an opinion

  18. ignacio ferrer halls

    My grandfather owns an apartment, when he died he did not leave a will, my father did not accept the inheritance and when my father died I did not accept the inheritance either. I have rights to the property without accepting the inheritance, I can sell or rent it.
    I would appreciate your answers
    Thank you.

  19. Good morning!!
    I am somewhat desperate, my father separated from my mother legally more than 12 years ago, we are 3 brothers and I have always taken care of my father until he passed away. The house is not registered and belongs to the Government. Now my brothers and my mother want to throw me out of the house since they intend to deed the house. My question is, can the judge force me to accept or renounce the inheritance? Since the Ministry of Housing requires that if it is not deeded, it passes to your property. Do I have any chance of me keeping the house? Regards and thank you very much in advance.

      1. We are three brothers. When my mother passed away, an inheritance partition was granted in favor of her husband (my father) and children (my two brothers).
        While alive, my father granted a deed of donations in favor of his three children (my two brothers and me).
        A part of the inheritance was my sister's house, her two sons undivided the corrals of the previous house.
        While my father was alive, a deed was made to divide the house and the corrals, with what should correspond to each son. Based on the foregoing, my father granted me a deed of donation and contribution to the joint venture of the part that corresponded to me of the aforementioned division.
        Now my brothers want a deed of the part that corresponded to them in the division, my father died a long time ago.
        The problem is that since my father's will was not modified before his death, it turns out that a part of one of my brothers would correspond to me, although at the time I already received what corresponded to me.
        It seems according to notaries, that I should make a waiver of my parents' inheritance.
        Could it be understood that I must give up what is already mine by donation or partition? or only to the part that I share with my brother? Because what all of them have eaten me is that according to the Notary, a deed of resignation of inheritance from the parents must be made.
        If you could resolve this mess, I would appreciate it.

        1. It is very difficult to answer without seeing the whole case, without documentation. In principle, everything can be done, the formula can influence the cost, but what must be clear is that with the consent of all the heirs, there is no problem. I cannot be more explicit, but if you want, in view of the information that we request, we can make a report.

    1. Be very careful, because the inheritance could be understood as accepted. It is best that you accept it for the benefit of inventory, so that inheritance debts do not affect your assets.

  20. Good afternoon.
    my question is the following: mother with three children.
    the mother dies and the children do not accept their mother's inheritance.
    later one of the children dies without descendants.

    to the son who died without issue, I understand that his father would inherit him.
    But what would happen if his father gave up the inheritance of the deceased son?

    How would the inheritance tax be settled for the part not accepted by the deceased child?

    1. If the father renounces the inheritance of the deceased son, the content of his will must be taken into account and if there is none, the inheritance would go to the brothers. Those who are heirs must make the tax settlement taking into account their relationship with the deceased. Note that ancestors have a different minimum exemption than siblings.

  21. Antonio Medina Romero

    Very good, Mr. Luis, thank you for your blog… my question is the following… my parents passed away 10 and 15 years ago, they left equal separate wills for each child. We are 5 brothers. I have tried to get them to accept or renounce the inheritance but to no avail. accept my part of the inheritance but all the notaries answer me equally, I cannot accept alone. Not even for the benefit of the inventory is that correct. But there are many forums and blogs that say the opposite that if I can accept my part and shout my part in the property registry, I'm sorry for the long story, thanks from the bottom of my heart

    1. What the Notaries tell you is true. You can accept the inheritance, by yourself, but what you can't is award the rightful share of the assets by yourself. For that, the unanimity of the heirs is necessary. The way to solve this matter can be judicially or through the figure of the dative Accountant-Partidor. I don't know where you are calling us from, and I say it because this figure of the accountant is not applicable in all of Spain. go to the Notary, and they will inform you.

  22. Hi, I wanted to ask you a question about inheritance, but I don't know if it's free or I have to pay. please if I have to pay do not answer me that I am very short of money. Thank you and sorry for the inconvenience.

  23. Good afternoon, to renounce an inheritance, the cost is only that of the notary, that is, simply with the public deed is enough, or is it necessary to make a partition notebook first? . Approximately €60, is that correct? Thanks in advance.

  24. Good afternoon, I want to renounce an intestate inheritance from my father for debts and I have a 5-year-old son. I have been told that a repudiation can be made at the notary on behalf of my son and myself, in which the mother of the child, myself and two witnesses who are not the child's family must sign. Is it true that this way we can settle the matter without going through the courts? If so, would you please tell me the cost of having it managed by you? Thank you so much

    1. The waiver of inheritance requires judicial authorization. But if you are from Catalonia, it can be replaced by the consent of two relatives, one through the maternal line and the other through the paternal line. They must be the closest grade and the oldest within the same grade. Normally they are usually two of the grandparents. The cost is very low, I don't think it was in any case more than 100 euros, but there are some variables that could vary that price, a little, up or down.

      All the best.

      Do not hesitate to contact us, come see us, it will be the best.

  25. Good afternoon, my question is the following. If my mother in her day accepts the inheritance of my grandmother who died 30 years ago and we the inheritance of my mother who died 15 years ago, and now an asset appears that we did not have proof of from my grandmother, it is mandatory that we declare it in the treasury if We do not want it since it is a good that generates losses or due to successive inheritances it is necessary to accept it. Thank you.

    1. You are owners by the mere fact of having accepted the inheritance, with all the consequences that this has. Another thing is to make a deed in your name, which they might not do, and regarding the tax issue, it is very likely that it is time-barred. In any case, the most advisable thing is to put it in your name and then do what you want with the property.

  26. Good afternoon, my sister passed away on May 11 and she has a 24-year-old daughter. The issue is that he does not have any type of material goods or money in his name and by looking at papers we have discovered that what he does have are legal requirements for debts. My niece is not economically autonomous and I wanted to ask her if renouncing the inheritance by public deed before a notary, as I have read on her blog, would resolve this situation. Or if not, what steps should you take to get rid of that burden?

    Thank you so much

    1. Your niece can resign. The consequence of this is that there will be another heir, either according to what the will says or because it has to go to the intestate succession. But if he renounces it, he leaves the problem solved.

  27. Good night:

    I want to give up my father's inheritance in favor of my minor son (he is 14 years old). There are no debts of any kind. The mother of the minor would also have to appear to accept in the same act the resignation in her favor or it is enough for me to do so.
    Thank you very much for your interesting page.

    1. I think it would be convenient, but its necessary nature would imply analyzing the composition of the inheritance and knowing what you mean by renouncing in favor of the child, since this may mean a donation, and if there are charges, the consent of the parent alone may not be enough. mother.

  28. Good morning,
    Given the death of my sister and an unfavorable financial situation, both my mother and I have renounced the inheritance in a public deed. My mother lives in an apartment in usufruct where the bare ownership belonged to my sister and me. Who is now the owner of that 50 %?
    Thank you so much

  29. My brother summons me accompanied by his lawyer and my mother at the notary's office for the acceptance of the inheritance of my father, who died without leaving a will. Can the acceptance and division of the inheritance be carried out in the same act before a notary? Can I accept the inheritance and refuse the division? My intention is clearly to delay this whole process since my mother is older and is totally manipulated and my brother's intention is to leave me without even the legitimate inheritance of my mother when she dies. or because my mother in life sells her part or by any other trick. Thank you

  30. Thank you very much for answering so quickly, since the appointment is on Monday but this notary is a friend of my brother's lawyer and before the act of acceptance of the inheritance they had proposed me to carry out a scam to which this notary would attest. Thank you

  31. Good morning .
    I would like to know what consequences it would have for me if I didn't go to the appointment that my brother sent me by wasap to go as I said in the previous comment to the notary for the acceptance of the inheritance? Thank you

  32. Hello.
    My father passed away in 2007. My older brother resigned at the time and my other brother and I last year. After 8 years, a brother of my father asks us that we have to pay the debts of a house belonging to my grandparents because they want to sell it. The house has no deeds, only as a corral. We have requested the Act of Last Wills and my father did not make a will. This relative keeps insisting that we have to make the declaration of heirs. Is it so? I have told him that with the resignation of the three of them, he should not ask us for anything. I have a 5 year old child, can it affect him? Thank you

    1. What they must take into account is that there is always an heir, who will be the closest relatives, or in the absence of relatives, the State. Your resignation determines that the heirs will be others, and therefore a declaration of heirs will have to be made where, in view of your resignation, it will be said who you are.

  33. We are four married brothers and a single sister of legal age, this sister lived with my widowed pensioner mother, it turns out that this sister has used the credit of my mother's card creating a debt and the question is that once she died and without assets and not make a will if we renounce the inheritance would we have to pay that credit debt?

    1. the debt will have to be paid with the assets of the inheritance preferably. If there are no assets, be careful to accept for the benefit of inventory or renounce the inheritance, so that they do not have to respond with their assets for that debt.

  34. My sister passed away in 2014, she did not make a will and the inheritance remained for my parents. My father has renounced the inheritance and my mother says she doesn't want to know anything and neither renounces nor accepts the inheritance. What will happen tomorrow with the assets and debts that are pending?

    1. The answer may depend on where your parents are from, since in Spain there are different inheritance systems. It may be convenient to make a request to your mother to accept or repudiate, but the effects will depend, as I have told you, on the applicable law.

  35. Mari Angeles Torres

    My father passed away in March and two days ago I found out about it through my brother.
    My father was divorced from my mother and had 3 children from his second wife, they want both my brother and I to give up our part of the inheritance, which is really not much.
    My question is whether your notary or a lawyer should contact me because nobody has officially told me anything, nor have they contacted me.
    And another question is: if they are the ones who want me to resign, can I ask them to take charge of the expenses involved in the resignation procedures?

    1. No one is required to contact you, except your siblings, who are the other stakeholders in the succession. Obviously you can ask them to take charge of the costs of the resignation, which on the other hand are very little.

  36. Good afternoon. My mother has passed away and both my sister and I (her only daughters, and fatherless) want to resign. She has not made a will. My question is whether to present the resignation it is necessary to make a declaration of heirs or, as daughters, we can make our resignation before a notary public without making the declaration of heirs. I live in Madrid, I am governed by common civil law. Thank you

    1. You can resign without making a declaration of heirship. But when they resign, what happens is that the inheritance passes to the next grade, and if they want to declare their heirship, they will need to resign to prove their right to inheritance.

      1. Thank you very much for the reply. And is this resignation made in a notary's office with the death certificate, last wills and family book? And one more doubt. My mother's mother is still alive and has other daughters. When she dies we also want to renounce both sisters, is it necessary or by renouncing my mother's I automatically cease to be my grandmother's forced heir as a substitute for my mother (her predeceased daughter)? Thank you

  37. Three nephews legal heirs of deceased uncle intestate. If I am not satisfied and we do not understand each other, can you also apply the notarial notification to oblige me? Thank you / Best regards

    1. In principle no, but a more detailed answer would require knowing which is the law applicable to the succession. But the interpellatio does not apply to your case. If there is no agreement, the participation should be judicial or perhaps through a notarially appointed splitter accountant

  38. Three nephews, legal heirs of a deceased intestate single uncle. If we do not agree and/or I do not accept the form of distribution, I can be forced by the "interpellatio in iure" and how to proceed.-Thanks/Best regards

  39. In 2001, my brother and I bought the bare ownership at 50% of real estate and the usufructuaries at 50% (My Parents) both deceased. Shortly after the death of both of them, I received from the Treasury an embargo of the usufruct of the house after the purchase of the property by a place that my Father had in 2007. We have not accepted an inheritance mainly because there is nothing to inherit but this It does not appear in any type of document. In the property registry my parents still appear both as living usufructuaries. Can this lien affect me or our property? Do I need to carry out the consolidation urgently? Will I have trouble processing the consolidation? How long do I have to repudiate the inheritance and avoid charges? Can the lifetime usufruct lien affect me when it comes to consolidating? Thank you so much.

    1. There are many questions to answer, in this way, and this page is not an office. Anyway, the first thing that should be seen are the dates. The usufruct is not inherited, but is extinguished by death. If the embargo is after the death, it cannot prosper, but the truth is that you have already accessed the registry, therefore its cancellation will require either the consent of the holder of the embargo, or a judicial pronouncement, if it was wrongly done, due to the issue of dates.

  40. Good morning.
    My wife's mother died seven years ago without leaving a will. My wife has two more brothers. His father passed away a few months ago, having left a will and declaring one of the three as the universal heir and the legitimate heir to the other two. Can my wife sell the part that corresponds to one of her brothers before accepting the inheritance? If it can, what should I do?

    All the best.

  41. Hello, I am the universal heir to my husband. We have had two children together and there is also another daughter from his previous relationship. I would like to know what corresponds to this daughter who is not common as a forced legatee, I suppose.

  42. Legal heir nephews of intestate single uncle, with notarized declaration of heirs made. If there is no agreement between the parties, the interpellatio in iure can be applied to any of them (three). Thank you / Best regards

  43. Good morning
    When giving up an inheritance, will it be easier if there is a will or is it indifferent if there is one?
    The resignation would be to the inheritance of my parents.
    Thanks in advance.
    Greetings

  44. Inheritance rights of three nephews of an intestate uncle with part of cash and part of real estate and rustic property. If there is an agreement between them, each one can inherit a different part of the total of the same, or else it is necessary to divide it in equal parts.-
    Thank you Best regards

  45. My husband, who died 4 years ago, made a will in 1970 that included his 3 children at that time, in which my son and I did not appear since we did not know each other.
    After he died, I had the money in the account for a few months until it was 'frozen' and his 3 children took what was theirs; This was not the case with an old car (of which they were aware) and I continued to use it until it gave me too many problems and I had to abandon it, with the consent of the City Council, since it was not in my name, I could not cancel it.
    My son has just turned 18 and wants to renounce any possible inheritance because we fear that they are "waiting" for him to pay the taxes that have not been paid for that car for more than 1 year. Can they force you?

    1. I interpret that no. the payment of the debts would correspond to the heirs, from the death of her husband. If your other son is not an heir, I don't think you can claim anything from him.

  46. Hello
    My father passed away March 15, 2016.
    My mother and father had ten children, then they divorce, and my father remarries and has three daughters.
    The issue is as follows, a few days ago one of my brothers called my mother, who is the only one who was with my father, along with his daughters from his second wife, to let us know that we have an inheritance of 52 euros each, a ridiculous amount, which a lawyer makes us pay 50 euros each, first, and then they will pay us the money. I really do not want money, from a person who never remembered me, not to mention anyone.
    The result is that there is no such inheritance since the lawyer must be paid that amount, it is absurd. In that account he had 3,000 euros.
    I would have preferred that he had not left me anything, also on the other hand there is a penalty of 120 or 150 euros, if it is not accepted before September 15, which is when the 6 months of death expire.
    My question, how can I do to resign? The lawyer who handles the inheritance told me that the resignation will cost me more.
    Thank you for your attention and for your help in advance.

  47. Maria del Mar Cardoso Abad

    Good afternoon!!!
    My father passed away on March 9 of this year. The heirs are my brother and I. In the will he has left it in equal parts.
    Today is 6 months and my question is what happens if it has not been signed.
    The act has to be held in Barcelona and I could not be there because I live in Granada. I appointed my father's lawyer to represent me, but I have not heard from him.
    I have to point out that the relationship with my brother is non-existent.
    Would you be so kind as to tell me what can happen?

    1. The only thing that can happen is that you have to pay some kind of surcharge, but unless it is a very large inheritance, the surcharge would be small. They do not need to do the paperwork in Barcelona, and indeed they must agree with their brother

  48. Rosa Mª Padral Blasco

    good morning
    We would have to accept an inheritance, a flat and some land from my parents who died 30 years ago, my father and my mother 17 without testament, we are 5 brothers:
    Does the acceptance of inheritance presuppose a new deed of said properties by the heirs? Can you guide me on the expenses of said action? We want to sell it and we don't know how to do it. The assets are in Barcelona, the apartment and the land in Aragon

    1. Expenses will be reduced, since from what you tell me all taxes are prescribed. The fundamental thing is that the brothers agree. You can make a distribution of property, or allocate it all to all the brothers in equal parts. What they will have to pay will be the deed and, where appropriate, the registration in the property registry. About how much it can cost and the best way to do it requires analyzing the case, but it depends on the value of the farms. You can do it at any notary, it does not have to be the one in the place where the land is located. If you need further clarification, please do not hesitate to contact us.

  49. Hello, my parents have died a few months apart without a will, we have declared the heirs of both and we are going to accept the inheritance, we are 5 brothers fighting 2 against 3, the 3 of us are going to accept the inheritance but the others Two, to annoy, they don't want to sign at the moment, they don't answer the emails we send them informing them of everything that is happening and we believe that when there is a signing date they will not show up, what would happen if they don't come to the appointment? What do we do to get them to accept it and put an end to all this bad vibes at once? We know that deep down that they do want to accept but they delay it to screw around and that is when they say, please tell me something, thank you!

    1. You should know where your parents were from to know the applicable law, but currently there is the figure of the dative accountant-partitioner, which can be done by notary, whose purpose is to solve these issues "by majority".

  50. My husband passed away a while ago but he left me many debts from the company he owned and which I had guaranteed, with which neither my children nor I have accepted the inheritance nor have we rejected it. We are waiting for events. My question is that my father is old and I am afraid that, unfortunately, he will not last many years. He has a house and I don't know if it is better that I give up in favor of my children or that I make a will in favor of my sister with whom I have no problem.
    By renouncing, do I also renounce the legitimacy? Can I also renounce it?
    Tell him that my mother lives in Barcelona.
    Thank you so much

  51. Good afternoon
    If an heir, among many others, does not accept or renounce the inheritance, does this entail any consequences? And more specifically, economic. I mean basically if you are required to pay some sort of tax or the like.
    Thank you very much in advance

  52. Good morning, can the inheritance be accepted in two phases? The inheritance consists of a flat and a piece of land, we still don't know whether to sell the land as a whole or divide it. Can this matter be left for later once the acceptance is signed before a notary? Thank you

    1. The acceptance of the inheritance is always total, but the assets can be awarded in phases. What if it is advisable and obligatory to settle for the entire value of the inheritance. The acceptance does not need to be done before a Notary, not even in a private document, since in most cases it is tacit.

  53. Can any heir request the interpellatio? and who executes it, Notary or Judge and who makes the partitions (in this case three) We are from a Catalan neighborhood.
    Thank you/Best regards

    1. The requirement to accept or repudiate must be notarized, and if it is not manifested, the inheritance is understood to be repudiated. The partition must be carried out by all the heirs, by unanimous agreement. In Catalonia we do not have the figure of the splitter-dative counter. In the absence of an agreement, the corresponding judicial procedure would have to be resorted to.

  54. Hello, my question is if my sisters and I have an account with my mother (she is quite ill) we are all account holders and we can access said account. I would like to know when my mother dies that account is frozen even if we are in it .Thank you

  55. Hello. I have a question. More than two years ago, an aunt of my grandmother passed away, leaving my grandmother as heir to everything she had (a flat). My grandmother did not inherit anything but now she wants to leave the apartment to me and we don't know if she has to resign or pay inheritance tax and then donate it to me. We are very concerned about the sanctions and surcharges because they sent us a letter from the Community that asked the heirs (in general) to make the inheritance. Could you tell me how much the fines amount in percentages?
    Thank you so much.

  56. santi Montagud Montaña

    Good morning and first of all, thank you. I would like to know if a son can renounce his mother's inheritance if there is no will and before the declaration of intestate heirs has been made.

    a hug

    1. In principle yes, in fact the most convenient thing is to resign, before or prior to the declaration of heirs, although it can be done later. The only essential thing is that he has not accepted it.

  57. Hello, thanks for answering so many questions, this is mine.
    My husband recently passed away, it will be carried out under the benefit of inventory, our youngest son repudiates the inheritance, me too, I know that his parents do too, due to the large debt that possibly exists with the Generalitat and the state as well, for which reason the house will go to the bank. And the vehicle? Who gets it? There are no more come and the debt is three times the benefit.
    Thank you

  58. Good afternoon,

    It will seem like a nonsense doubt, but I will explain my case: My mother recently passed away, and due to her debts I am forced to renounce the inheritance. There is no will, as far as I understand there are no positive assets either, but if I had objects at home that I would like to keep, like your dog whose name I now have to change on the chip. Will I be able to do that after the resignation of inheritance? Can I have problems and that it is understood as a tacit acceptance of the inheritance? And then, my father was legally separated from her for many years, when I give up the inheritance, can it happen to him? I am an only child and she only had a stepbrother and a ward sister.

    Thanks for everything, fantastic blog.

  59. Hello, good afternoon
    In 2013 my mother passed away leaving a will in favor of my father. My brother and I gave up our share of the inheritance in favor of my father as well, to avoid any financial damage to him. We believed that it was our duty since it is the work of their lives and by right it belongs to them.
    When we already had the notarial deed (six months after his death) a woman he had met moved into his house. We have supported his decision until now, that we are certain that at 80 years old, he is being manipulated. Both she and her family are doing everything possible to take my father away from us, his children and his three grandchildren.
    Do I understand that when we renounced in your day, we also renounced the legitimate that would correspond to my mother?
    In case of being like that, "to what is done chest", but... the day my father dies, and I leave as heir to
    This lady, do my brother and I have any rights?
    Thank you very much for your attention

  60. Hello Luis,

    Two questions:
    1) We are four brothers and our mother, we live in Barcelona. My father died without a will. What is the legitimate of the children? I have read that it would be 12.5% for each child (since the other 50% is from my mother), but I have also read that my mother inherits the 50% from my father's 50%, in which case the children have 6,25% left. Which version is correct?

    2) Of three of the children, my mother is not our biological mother and she did not legally adopt us when she married my father more than forty years ago, although she has always cared for and treated us as if she were. If she doesn't make a will, when she dies will everything go to the other child who is her natural child? Or does the figure of Adoption exist in fact?

    Thank you !!

    July

  61. Good afternoon, and thanks in advance, my mother died this year, she did not have a will, she had nothing except the apartment where she lived, we are 4 brothers and we have already paid all the capital gains, we have accepted the heir, well we thought that everything was ready, what is our surprise that when we go to the notary because we want to sell the apartment, they tell us that what we have done is on my mother's behalf, but now we have to do my father's, who passed away on 30 years my question is after thirty years it is necessary to do it and if it is not iso at the time it will cost us more money, my father did not leave a will either

    1. You must take into account that all taxes are prescribed, and although it may cost you some money, in the long run you will save, if you put the same as the purchase price of the future sale, because that way you will avoid personal income tax

  62. Good morning, my mother has left my seven brothers a house, and money in the bank, I want to give up the house but not the contents of the house or the money in the bank, could she do it? thank you!!!

  63. Hello,
    My query is as follows, if a person A dies and has descendants B and C, and A has a brother, A and his brother did not accept or reject their parents' will in their day (properties at 50%) but they do enjoy those properties.

    So if A dies, what criteria should the children (B and C) follow with that inheritance that A did not do anything, leaving his brother still?

    Thank you very much and sorry if it's busy, I've tried my best.

  64. My father passed away in July 2016. It is normal for an inheritance acceptance to be made first, then an inventory and home appraisal. to budget? What happens if I accept and then I realize that I can't make the payment. I live in the Canary Islands

  65. Pablo Ramirez Moreno

    Good afternoon…
    My father-in-law passed away a few years ago. His children accepted the inheritance. Now my mother-in-law has a new partner… She is the usufructuary of the house and my husband does not stop receiving current debts from the house: IBI, water bills…. My mother-in-law does not work and her brother one does not have any type of income and the other is disabled... what can we do? Should we pay the debts of the house that my mother-in-law continues to have? What can we do? Can we give up the inheritance?

  66. Good afternoon, I wanted to ask you a question:

    My father passed away in April 2009 and apparently the 3 brothers that we are did not accept or renounce the inheritance. Today they call me to claim a certain amount of money that my father owed.
    1. If we resigned today, would it help to avoid having to pay those €?
    2. If not, what legal measures can we adopt to avoid this problem? Or without any option, we will have to pay that debt?
    Thanks in advance.

  67. Hello,
    My children renounced their father's inheritance, who did not accept or repudiate his father's inheritance. Do you have rights to your grandfather's apartment, who left a will in equal parts for his four children, one of them being the father of my children? Thank you

  68. Juan and his brother have a flat at 50%. The brother passed away 2 years ago and he has 3 children who still have not accepted the inheritance due to problems between them. The apartment has been closed for several years. Now Juan needs it for his son, two of his nephews agree to give it to his uncle Juan and one doesn't want to and has the keys to the apartment. What can Juan do to with his 50% plus 2/3 of the rest of the 50% take possession of the floor. Thank you.

    1. It's not really a legal issue. The owners must agree on the use of the floor, which can be done by the system they want. If there is no agreement, it would be necessary to go to the dissolution of the community that has on that floor. The best thing is that one or several well-matched ones keep the entire floor.

  69. Good afternoon. My question is the following: we are 3 brothers and we have renounced the part of the inheritance of my deceased father due to debts.
    When my mother dies, can her inheritance be accepted? The heritage would be a flat.
    Thank you so much

  70. montserrat arnau rodriguez

    Hello good afternoon... my mother passed away 8 years ago leaving a will to the three brothers. The only one who pays for the house she left is me, my sister has few financial resources and I pay her part along with my brother who does not live in Spain (Peru). I have no problems with my sister, what's more, she gives me her share on the condition that I can go on vacation when she can. Over there fine. The problem is my brother who comes from Peru for a few days to Spain and has been demanding to sell. We don't want to sell. I also have two documents that prove that my mother sold some plots while she was alive so that he would take that money to Peru, and that he no longer had anything in said house in the town. The latter does not appear in the will.

    1. By mutual agreement they can do what they want. but I can't tell you much more, in the absence of an agreement the will rules. Having said this, the best thing would be for one or two to keep the apartment and pay the third party their share.

  71. Good afternoon
    My question is: we are a couple without children without a will (not married or even a common-law partner) we have a flat at 50% with a mortgage, if one of the two dies, the parents will inherit, what happens if the parents reject the inheritance, who owns the inheritance??? Can the other continue living in the flat? And who pays half of the mortgage? We live in Catalonia

    1. The best thing you can do to dispel your doubts is to make a will, and in this way you will be the ones who regulate the order of succession. Raise the issue of intestate succession, being able to avoid it, and forgive me for the expression, but it's kind of silly.

  72. Good morning doctor my query,
    In the year 2000 my mother died and left me an inheritance which in the will mentions that I will have the inheritance until I am 21 years old since in Spain the age of majority is reached, but in the course of these years my father has had another couple who have gone to Spain and I stayed with a relative that they made me believe who was my guardian 2 months ago since I have an illness he promised to take care of me as a guardian, now on 11/18/2016 he He made me sign the resignation of my inheritance, giving all my inheritance to my tutor because I needed an urgent operation which he forced me to sign in exchange for my operation. Now my stepmother is in cahoots with my tutor since she has written to me saying that she has not paid for the operation and thanked me for giving her all my inheritance. Even here in Peru they changed my mother's last name and since I was born in Spain I have nationality there. What can I do in that case I am turning 21 at the end of December of this year. Please guide me, I can recover my inheritance or I already lost it. Thank you

  73. Good morning, my question is the following: my father-in-law passed away having a small amount of money in the bank and as the only real estate, a place on which a mortgage loan between individuals weighs. The current value of the premises probably does not cover the total debt. In the case of accepting the inheritance, can the premises be given to the person to whom the money is owed and thus settle the debt or would we have to pay the difference between its current value and the debt? Thank you

  74. I am my father's heir to a flat in Catalonia, and I have personal loan debts, the inheritance is accepted but not registered, that is, the property appears in my father's name in the registry, although we have the inheritance acceptance deed. Ask; Could my creditors take away the apartment that I inherited from my father even though it is not registered in my name?

  75. Our son passed away in 2011, without leaving a will. He was the owner of an apartment with an outstanding mortgage, higher than the value of the property at that time. We did not want to and do not want to accept the inheritance, but we did not make express acceptance or repudiation. Now the bank is demanding the outstanding amount of the mortgage, but we ignore it because we have not accepted the inheritance. In this case, can the bank claim the mortgage from our daughter, or from her two minor children? Neither have they made acceptance or repudiation. Can the Treasury claim the payment of the IS and the City Council the capital gains? Everything happens in Barcelona. Thank you very much in advance.

  76. Chrome extension to the previous consultation, our son was divorced without children. Would it be appropriate to expressly resign both my wife and I as legal heirs, as well as my daughter and our two minor grandchildren, or simply without accepting, it is already understood that we are resigning? Thank you.

  77. Hello Luis,

    Although it is clear to me that under the legislation of Catalonia the right of representation is not lost for having previously renounced the inheritance of the principal (“The representative who, per repudiació or per una altra causa, does not arrive to ésser hereu del representat does not lose the right of representation.”), I am left wondering what happens in the event that said principal had debts at the time of his death. Being more specific, when resorting to the right of representation, are only the assets and/or debts (according to the type of acceptance) of the originator of the inheritance accepted, or can the debts of the principal be imputed to the heirs in some way? Thank you very much for your attention.

    1. They are very slippery issues, where the courts even change their criteria from time to time. It seems that today it is estimated that there are two independent successions. I think that with this you can draw the consequences.

      All the best

  78. Jose Garcia Belenguer

    I would like to know if having the mutual will between spouses if one dies, it can be renounced in favor of the children, remaining as usofroctuatio

  79. My mother has left heirs to her three daughters in the same percentage. None of us want part of the assets, it is a rustic property that must be demolished. Can a partition book be made by leaving that property to one of the daughters, the three items being of the same value, and this heiress give up her part once the partition book is made?

  80. Pedro Almansa Carrasco

    My single uncle that I was taking care of passed away. In last wills some heirs appear in which I am not and he leaves a small apartment to some cousins.
    I have informed the heirs that I have the keys and I have informed them by telephone that whenever they want I will give them the keys before a notary
    Several months have passed and I don't get any response, since apparently they don't want to know anything.
    What should I do with the keys? Can I request the apartment?

  81. 4 brothers and our spouses (each couple an undivided quarter) bought a house for the enjoyment of our mother, one of them died 9 years ago, his children and his wife, renounced the inheritance and according to their will the following heirs are their grandchildren, these are minors and have not renounced or accepted my brother's inheritance. Now after the death of our mother, we want to sell the house, can we do it? Who sells on behalf of my brother? And can my sister-in-law sell her eighth part? A year before my brother's death they made a separation of assets, but they forgot to include this property in said separation, can this cause an added problem?

    1. They will have to sell the owners, who will be the ones who bought and the heirs of the deceased buyers. We will have to do prior documentation, but with the data you give us, I cannot answer you.

  82. Dear Luis, my deceased aunt gave me a mortgage guarantee on a mortgage loan. There are four heirs in equal parts. Two of them urged me to look for another guarantor to release that mortgage charge (he responds for €90,000), but it is impossible for me. If there is no agreement and request the distribution through the courts (auction of the property), I want to know what costs this would have (if I request it, or if another heir requests it, and if I myself could bid in that hypothetical auction and especially the deadlines, since the house is still closed). Thank you so much

    1. Requesting the distribution through the courts, I sense that it will not get you anywhere. The underlying problem is whether the condition of guarantor is inherited, which is a question that we can consider controversial. The heirs have no choice but to start from the current situation, accept for the benefit of inventory, and if they are forced to pay, they can claim you.

      1. Thank you very much Louis,
        forgive my total ignorance. That means that they can claim me, only in the event that I fail with my obligations and the house is foreclosed????? Or am I misunderstanding it.
        I say this because if there is a trial and auction and no one bids (because of the high cost) we may end up having to allocate an amount to pay the costs of this entire process. And yes, the house, whoever it is or whoever buys it, continues to guarantee (unless payment of those 90,000).
        Thank you very much again, it helps me a lot.

  83. Good morning, a question is not clear to me. If my mother dies leaving heirs to her two children and we both renounce the right of heirs, does the inheritance pass to her sister or does it end with the children and pass to the corresponding public estate?
    Thank you so much

  84. Hello, my question is the following: my aunt dies without descendants. I think there is a will, but I want to renounce any inheritance. How should I do it? And if my children should inherit in my place, can they also resign?
    I am in Catalonia
    Thank you

  85. Hello, my question is the following: my father passed away on 03/12/2016 and in his will he left half of the house to his 9 children and the other half belongs to my mother. They were separated but he did not give him any pension and my mother now stoned us. I would like to know if this can be done and if the 9 children have to accept the inheritance all equally or they can accept it individually, each one in a pure and simple way or for the benefit of inventory. Thank you

    1. The acceptance of the inheritance is individual for each heir, who may do it purely and simply or for the benefit of inventory. Regarding the other issues I can't tell you much, without seeing the will. There could be a revocation of the provisions in favor of your mother, as a consequence of the separation, but your mother can also ask you for food.

  86. Good forum, thanks for your time.
    My question is the following: We inherited four equal parts from an aunt without parents or children. It is a flat and little money in an account. One of these heirs is in turn guaranteed by a mortgage (the house is the guarantee) for that same apartment to inherit (the house has a mortgage charge of €104,000) and has no way of lifting that charge or changing guarantor. If, as it seems, there is no agreement between the heirs, what will happen in the event of the dissolution of the common property and auction (I say this because the market value of the property today is around €120,000, although it was appraised for the guarantee at €260,000 at the time in 2008 (no one would bid for something worth 120 if it has a load of 104, I understand). If the guaranteed heir bids, the rest of the hereros who renounce can claim something from him to the bid. Thank you very much.

  87. Hello good. My query is… I accept a living donation from my parents paying the taxes. But I realize that they have many debts. When they die, can I reject the inheritance? Or, on the contrary, having accepted the donation in life, I am obliged to face said debts. Thank you

  88. Good morning: My cousin passed away without legitimate heirs, the only closest relatives being several first cousins. I took over the payment of some community fees for the deceased's apartment and now I have received a lawsuit from said community claiming fees owed in my "capacity as heiress" of the owner. There is no will from my cousin in my favor and no declaration of intestate heirs has been made. Can these fees be legally claimed from me? I am not interested in that inheritance since we would be many heirs, some of which are not even located.
    a cordial greeting

      1. And would it not be understood, however, that the inheritance was tacitly accepted? That is what they have explained to me, that since I paid the community fees for my cousin's apartment, I was accepting the inheritance. If so, can I resign now? Would that resignation be valid?
        Thank you so much

  89. Good night:
    I have a big dilemma and I hope you can help me; my father passed away in March 2015 and my mother, brother and I filed the tax and declared heirship; my brother renounced the inheritance before a notary public and I did nothing.
    Now it turns out that I receive the payment of the capital gain of a home from my father in the name of my mother and I who told us that nothing happened when making the payment.
    The problem has just exploded because my father had debts and my mother now goes to financial institutions and I don't know what situation I am in, can I still give up the house on which I have paid the capital gains? Can I give up the inheritance or not? It's a big problem if I can't give it up because my father's debts fall on me. Thank you, I'm looking forward for your answer.
    All the best

  90. javier de la bridge

    My father, who died a few years ago in Barcelona, named me and my two brothers heirs. I know that my father was the full owner of at least three farms, but it turns out that when he died he was no longer. In the Barcelona Land Registry, these three farms now appear in the name of my two brothers after a sale (I think simulated) that our father made to them while he was alive, that is, before he died. The question is: can I sue my brothers for having simulated a sale when it was really a donation, with the damages that this has caused me, having been left with nothing to inherit, not even legitimately? Thank you so much.

  91. Hello, good afternoon. We live in Valencia, and my mother recently passed away, leaving my father a widower. Both had wills of the type everything for the remaining spouse and children. We are three brothers and we want to renounce the inheritance so that everything can continue to be handled by my father and that everything continue as far as possible, so as not to complicate our lives. Two of the brothers have children. Can we resign so that the entire inheritance falls to our father? If so, will there be no future consequences? That is to say, when our father dies, will he be able to leave us the total inheritance, despite us having now renounced our mother's inheritance? Thank you so much.

  92. Good afternoon,

    First of all, congratulate you on your website, it is very useful.

    However, I hope you can help me with a question I have about a topic. All this with respect to Catalan regulations. If a brother dies and the mother (parent) does not accept the inheritance as she dies shortly after. Can the brothers claim the part that is legitimate for their mother and the part of the brother (I suppose it happened to the mother even though she had not accepted)?

    1. This page is not an online office. A well-founded answer would require evaluating a set of data that I do not know. I think I sense that you are asking me if the legitimate parental right is extinguished if it is not claimed by them while they are still alive. The answer to this question can be found in the entry of this website regarding the legitimate ones.

      1. Hello, my father passed away a few months ago and left me as the only heir in his will (I am his only daughter). I am forced to reject the inheritance due to the debts I had. I would like to know if when I resign, my aunt, that is, her sister, would have the right to accept the inheritance even without being the heir according to the will. I know that this is not an online office but it is very difficult to obtain information on all the doubts that come to mind, even paying. I would appreciate it very much if you could answer me. Thank you.

  93. Good morning
    I wanted first to congratulate you on your blog and secondly to send a question, if a father with bank debts dies before the grandfather, and the latter, when he dies, leaves a will leaving everything to his son, but not to his grandson (that is, he did not modify the will after the death of his son). Does the grandson have to accept the father's debts to accept the grandfather's inheritance?

    On the other hand, I understand that inheritance by way of inventory is only by default in Catalonia, is that correct?

    Thank you so much

    1. Everything may depend on the order of deaths, but from what you tell me, at first it seems that the grandson inherits from the grandfather, and perhaps also from the father, but they are two different inheritances.

      The acceptance for the benefit of inventory is not only from Catalonia.

  94. Hi, it's about a reverse mortgage. If I accept the inheritance, with your debt, can't they go against my assets, or do I have to do it in inventory mode? ,thank you

  95. Good morning, I just inherited a reverse mortgage, and the law says that the bank can never go against the assets of the heirs, my question is: is that so, also if you accept the inheritance, that is, the mortgaged property? thank you

  96. Good afternoon, I have an appointment with the Notary shortly, but I still don't have anything clear. My father passed away 12 years ago, we made the Declaration of Heirs but nothing more. Just five months ago my mother passed away and now we find ourselves with a flat to share among three brothers, without a will; but due to economic issues and living in "Andalusia" my sister and I are forced to resign. It serves as a review that with my other brother we don't even talk and on top of that he has enjoyed the good in question for years.
    If it is the same property, do we have to distinguish between my father's and my mother's inheritance? We give up my mother's, but what do we do with my father's?
    I would appreciate it if you would clear my doubts before doing something that I may regret.
    Thank you and receive a greeting.

    1. If you already have an appointment with the Notary, it is best to go to him before the day of the signing and have him explain all your doubts. The Notary is not going to sign, if not to know what is signed, but as you can understand, it is impossible for me to give an answer without seeing any type of documentation.

  97. Good morning, my mother passed away last month leaving several debts and a 50 % mortgage with my father. If we give up the inheritance, what would happen to the mortgage? Thank you, I await your response.

  98. Good morning! I have two doubts about inheritances that I would appreciate if you could solve them for me.
    1st) my uncle died and I had no children, my father renounced his inheritance because we know there are debts, I am also forced to renounce or because my father renounced I would no longer be my uncle's heir?
    2ª) A sister of my father and my deceased uncle does not appear in the family book, therefore it is left out of the inheritance because it does not appear as a brother? Or with a birth certificate can you already prove that it is?
    Thanks a lot. All the best

    1. THIS WEBSITE is not an online office. Answering based solely on what you tell me could mislead you. If your father resigned, I imagine he did it before a Notary. Talk to him, he will be the best person to explain things to you. I really can't answer him because I don't know if there is a will, and if there is, what does it say. Most likely you will have to resign, but with the information you provide me, as I have told you, I cannot answer.

      Regarding the other question, if the filiation is determined and registered in the civil registry, although it does not appear in the family book, it is clearly a son

  99. In an intestate succession in Catalonia in which the children are the heirs if they repudiate the inheritance, so that the heiress becomes the mother, does this repudiation imply that the children also repudiate the legacy that corresponds to them? Or they can repudiate the inheritance without implying repudiating the legacy.

  100. I have a declaration of heirship and I accepted my mother's inheritance. Last year my grandmother passed away. My mother's mother. And my aunt wants me to sign something. I have doubts whether to accept or not accept because there has been no relationship for 17 years and I absolutely do not know if she has assets or debts. Can they make me do something?

  101. My father has recently passed away and in his will he names my brother and me as heirs and his other two children from a previous marriage, and my mother -who was his wife when he died- makes a legacy of usufruct over some flats. My brother and I do not agree with my other two older brothers and in order not to delay the issue of the legacy in favor of my mother, we would like to accept the inheritance and hand over the legacy to her; We have been told that it can be done.
    Is that so, can my brother and I accept the inheritance and hand over the legacy to my mother?
    Can my brother and I in that deed adjudicate ourselves and register in the property registry the bare ownership, in the part that corresponds to us, of the assets bequeathed to my mother in usufruct?
    Thank you for your attention.

    1. These questions must be answered by the professional or professionals who deal with the matter, either the Notary, lawyers... For me, giving an opinion on matters that are to a certain extent alien to me is always difficult at the risk of misleading you. I interpret that what you are trying to do can be done, but this reply is not an opinion or a professional opinion, which can only be issued in view of the necessary documentation.

  102. I am heir to my mother's estate. I have made inheritance acceptance and I have made the payments of patrimonial transmissions...

    I must distribute the legitimate to my brother. For this, I have willingly given you a copy: death certificate, last will, bank statements with the movements of two years prior to the death of our mother, balance that was in the accounts..., approved appraisal report of the properties…

    I tell my brother that I want to give him his legit and the amount that belongs to him.

    He has told me that one day he will give me an answer. That day arrives and he tells me that he is postponing it for another, and so on.

    I insist that we have a notary on that day to formalize his legitimacy and he refuses to go saying that he cancels the appointment that I have contracted with the notary.

    This are my questions:

    -The more time passes from the time my mother passed away until she decides to accept her legitimacy, the more interest is generated in favor of my brother?

    -I can go to the notary and make available to my brother the amount of money that corresponds to him and file a deposit document before the notary in which I leave the money to the notary for a period of 30 days so that he can pick it up my brother.? I have summoned my brother but he says he won't show up. Does this action harm me?

    -What more steps can I take and that it be recorded that I have good will to give it its legitimate?

    -I want to prevent this situation from eternalizing it in time and avoid the future judicial part, if this is what my brother has in mind.

    Grateful.

  103. Good afternoon, my mother passed away this September, my father is still alive. I leave the floor in equal parts. The fact is that I had a reverse mortgage that we now want to cancel. My question is, we are 6 heirs, if of these 6 only one heir wants to pay the debt, what rights does the heir who pays on the floor have?

  104. My husband passed away without making a will, we have a mortgage to pay that I must assume in its entirety, but there are multiple debts that are making me consider giving up the inheritance. If I renounced the inheritance, what happens with the part of the house that belonged to my husband? What would happen if I died? I have a youngest daughter...

    1. most likely you are a debtor on the mortgage, so a waiver is not going to solve anything for you. The most appropriate thing is to accept the benefit of inventory, and where appropriate, request the inheritance contest.

  105. Good morning,

    My question is the following. Along with my three brothers, I inherited a series of houses from my parents. The four brothers accepted the inheritance for the benefit of inventory, but one of my brothers has never been responsible for the expenses generated by these homes (water, electricity, taxes...) He says that since he accepted for the benefit of inventory, he does not have to pay anything. Is it so? Can I claim?

    Thank you very much in advance

    Greetings

    1. Accepting the benefit of inventory means not responding with the assets of the debts of the inheritance. But once it has been accepted and you own the assets, you must face the expenses and taxes that are generated, which are your own.

  106. Good night,
    My mother passed away a few months ago without leaving a will, so I am the heir. I sense that he could have debts, although I don't know for sure. In order to accept the inheritance for the benefit of inventory, is it necessary for all the assets and debts to be recorded in said document? In the event that I could not inventory something due to ignorance, could you claim the entire debt from me, even if it was greater than the inherited assets?
    thank you so much.

    1. Since I don't know where you are calling us from, I cannot answer you precisely, because I do not know if the law of Catalonia or another is applicable. In principle, if there is no bad faith, there should be no problems, another thing is that this is questioned.

  107. My father died and my grandparents were still alive, last year my grandfather died and my uncle took care of all the papers, he made us sign a paper at home without letting us read it, saying it was to accept the inheritance and then he told us that in inheritance my grandfather left everything to my grandmother and if the children did not agree they would be granted the legitimate inheritance without receiving anything else.
    Now my uncles are spending the money (I don't know if they are co-owners of the account or authorized by it), because my grandmother lives alone in her house, she doesn't even spend on clothes, nor has she bought anything at all and now they want to sell some good to have more money (so I suspect that the accounts are empty). The money is clearly from my grandmother as she inherited it from a relative, the inherited amount amounts to about 200,000 euros. My grandmother lets us know that the improvement of the inheritance is going to be left to a son because he has absorbed it.
    My question is Faced with all these moral injustices, we can legally do something the day my grandmother dies. (because I understand that this is an intervivos donation). Before the house signature is legal, because we always thought that you had to sign in the notary to accept an inheritance.

    Thank you so much

  108. Inheritance issue, I am the universal heir of my mother.
    I have requested a notarial requirement since my sister, who is very hurt, does not say whether she accepts or renounces the inheritance of my mother who died last July, I wanted to reach an agreement and there is no way.
    She has signed this request on December 19, there is still no response from her and she has blocked my calls, I cannot get in touch either by my landline or by my mobile.
    My question is if you do not respond within the 30-day period, I can manage the inheritance, sell the apartment and give you your share.
    Thank you very much for your attention.

  109. Good afternoon,

    My father died in 2010. As we understand it (we don't know for sure because we have no relationship with them) my stepbrothers renounced the inheritance while my two brothers and I neither accepted nor expressly renounced it (the Treasury even went so far as to seize some amounts from us). my father's debt account). Now some assets that my grandfather had have appeared and that therefore correspond to my father. Being deceased, to his heirs, that is, to us. My question is is there a way to confirm for sure if my stepbrothers gave up the inheritance (they are not going to tell us) and if so, get the deed of resignation?

    Thank you very much and receive a cordial greeting.

  110. I have a relative who has passed away. He was not married, he had no children and his parents died a few years ago. He has two sisters and two nephews and I suppose they are the closest living descendants who would inherit. More than sixteen months have passed since his death and no one has taken any steps to take charge of his assets, I suppose due to some debts he had contracted. However, I know that they enjoy some of its properties. My question is, what happens when nobody wants to take over an inheritance and yet they don't give it up either? What is the term established by law for the State to initiate a procedure to take charge of your assets if no one claims it? Can you continue to enjoy some assets without inheriting?

  111. hello good morning, my father passed away without a will, he did not grant a will, we are two brothers, my brother wants to renounce the inheritance and debts, but my brother has a 3-year-old daughter, being a minor, she has some right, I mean that if my brother resigns, it would pass to the minor daughter, since there is no will, and if not, my brother's part would automatically pass to me, or he would also have to resign for her as a minor.

    Thank you .

  112. Good afternoon

    My mother has died in Barcelona, where she lived, without a will. I live in Alicante with my wife and my two small children. My father and my sister, who live in Barcelona, have gone to a lawyer to manage the inheritance, which is none other than the one that was the main home, since my parents had no money or other assets, in 6 months and they ask me 2000 euros that I do not have. I wanted my sister and I to let time go by and fix things as we could, but it doesn't make sense. I have expressed my willingness to renounce the inheritance, but they say that it would pass to my children, so how would I have to act so that my children renounce it? What happens if it happens to my children and they do nothing? What happens if I don't quit and let time pass, until I can start doing it? my father is currently living. Thanks in advance, because I'm a little tied hand and foot.d

    1. I think what you should do is go directly to the Notary and have him explain your case. You will see how it is not so serious. If you want, I can put you in touch with a colleague from Alicante.

      All the best

  113. Good morning, my father died without accepting the inheritance from my grandfather, who died before my father. In my grandfather's will, my father was the only heir, but in my father's we are three brothers and he leaves me only the strict legitimate one. Will I also inherit from my grandfather's inheritance in the same proportion as from my father's? Or am I entitled to a third party?

  114. Hello, my father passed away 4 years ago, he had a debt and we sent the paper stating that he had died. He had a car in his name and I have been using it, on insurance as an additional driver, and I have paid road tax every year. My question is if anything can happen to me for using the car in the name of a deceased person, and if so, what penalty could I be facing? Thank you

  115. Raphael Perez Moreno

    In my case, my sister-in-law and her children have renounced the inheritance of her husband and father. The question would be: Is the resignation deed pure and simple to be registered in the Land Registry?

  116. I am from Galicia an only child and divorced parents, my father passed away two years ago and I did not do any paperwork until now that my paternal grandparents passed away. I have various doubts:
    1: My father did not grant a will, I made the declaration of heirs. He has a small debt for not canceling an account with the bank and no assets, what should I do to give up the inheritance? If I renounce the inheritance does it mean that I renounce my grandparents'? Do I have to pay my father's inheritance tax?
    2: My grandparents had an apartment under the community property regime and a joint account and my uncle is authorized and withdrew all the money before they died, do I understand that I am going to have to go to court and that the part of the money that Is it correct, do I have to return it?
    Thank you

    1. Your questions far exceed what is intended with the web. In addition, answering without seeing documentation could mislead you. If you want to come by the office or not if you can't come, you can send us the precise documentation and we can make a report. All the best

  117. Hello, my father passed away a little over a year ago, my brother and I renounced the inheritance (legitimate) one of my aunts asked me to resign since she wanted to buy her mother's house (my grandmother who died before my father) So far, well, I gave her all the documentation, but now they won't let her notarize since they ask for my resignation from my paternal grandparents.
    That's possible? If I already gave up my father's, am I not supposed to give up my grandparents'? Or does something on that floor belong to me?

  118. Hello, my father passed away and the children gave up the inheritance and my mother remained the heir to everything. In times, my father endorsed a brother with his house. This brother could not pay and therefore the burden fell on him. My question is the following: is my brother obliged to pay that burden if he has renounced the inheritance or is it my mother who takes care of that burden? Thank you.

  119. Hello everyone! We are a couple with few resources, we work taking care of the elderly, we hardly see each other. We earn to pay rent and to eat. For many years we have dreamed of living in the country, growing vegetables. We love nature. We want to be self-sufficient, but the system won't let us. I beg you, in case you want to reject the inheritance, we would be willing to accept it. In exchange we share the harvest for our own consumption. A
    Best regard. hennesi25@gmail.com

  120. Hello, we are 3 brothers, we have the house of our deceased parents, we did not make an inheritance, now one of my brothers has legal problems with a probable seizure and says that we can lose the house, is this real?

  121. Hello, my parents are still alive and they have left me and my brother an apartment that I do not want as an inheritance, can I go to the notary and modify the will? Or would my father and mother have to come with me? And when? If they die for me to renounce that inheritance floor, would I have to go to any notary and renounce that inheritance and how long would it take since my mother and father died to renounce that inheritance? Thank you

  122. I am an only child, with an also only daughter, a minor. My mother intends to leave part of her inheritance to my daughter, keeping my legitimate. I don't want him to do it for fear of how he would respond seeing himself very young and with money/assets.

    If I also left you that inheritance, and when my daughter died, she was still a minor, what could cheer you up to obtain a court permit to resign on your behalf?

    And if I had no choice but to accept on his behalf, who should pay the inheritance tax or, for example, in the case of a flat, the related expenses until my daughter was able to do it herself?

    Thank you

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