One of the most frequently asked questions in Notaries' Offices is: how much is the inheritance?
Answering this question requires prior clarification, which consists of determining what is legitimate, since it is not the same in all parts of Spain, as its amount and method of payment vary.
In general terms, the legitimate portion is a limit established by law to the capacity of a person to dispose of his or her assets by will, because there are other people called legitimate heirs, who have the right to obtain an economic benefit from his or her inheritance.
Having made this clarification, we will present the presentation in terms of questions and answers, and limited to the legitimate ones recognized by Catalan law.
1.- What is the legitimate?
Legitimate inheritance is the right of certain persons to obtain a patrimonial value in the succession of the deceased.
2.- When am I entitled to the legitimate inheritance?
The legitimate share arises at the time of the death of the deceased. As a result, it cannot be seized for debts of the presumed legitimate heirs.
3.- Who has the right to a legitimate inheritance?
All the children of the deceased are entitled to equal shares. If any of them die before the testator, are disinherited, declared unworthy or absent, their share corresponds to their descendants.
If the deceased has no descendants who have survived, the parents are entitled to equal shares.
4.- ¿Who should pay the inheritance?
The heir or heirs are personally responsible for the payment of the legitimate portion and, if applicable, for the supplement thereof.
5.- How much is the legitimate portion?
The amount of the legitimate share is a quarter of the base amount that results from applying the following rules:
a) The value of the assets of the estate at the time of the death of the deceased is taken as a starting point, with the deduction of debts and expenses of the last illness and burial or cremation.
b) To the net value resulting from applying the rule in letter a, the value of the assets given or alienated by another free title must be added by the deceased within ten years preceding his death, excluding customary gifts. The value of the assets that have been the subject of donations attributable to the legitimate portion must be computed, in all cases, independently of the date of the donation.
(c) The value of the assets that are the object of donations or other computable dispositive acts is the value they had at the time of the death of the deceased, with the deduction of the useful expenses on the assets given paid by the donee and the amount of the extraordinary expenses of conservation or repair, not caused by his fault, that he has paid. On the other hand, the value of these assets must be added to the estimate of the damages caused by the fault of the donee that may have reduced their value.
d) If the donee has alienated the assets given or if the assets have been lost through the fault of the donee, the net value resulting from applying the rule in letter a is added to the value that they have or would have had at the time of the death of the deceased.
6.- How much does each child receive as a legitimate inheritance?
A quarter of the value obtained is divided among all the children. If one of them has died, his or her share corresponds to his or her descendants.
In the case of parents, the surviving parents are entitled to equal or full shares.
7.- How do I pay?
Receiving property through a will that covers the part corresponding to the legitimate heir, or having received property during life, via donation, attributable to the payment of the legitimate heir. If nothing is stated in the donation, it is understood that it is not payment of the legitimate heir, having the right to the entirety of it, with some exceptions that are considered by law attributable to the legitimate heir.
In the event that the will only recognizes the legitimate share without making any effective attribution of any property and without naming an heir, the legitimate share will be paid in the manner determined by the person obliged to pay, who may choose payment in money, even if there is none in the inheritance, or payment in assets from the estate.
If the legitimate heir does not agree with the assets assigned to him, he may appeal to the competent judicial authority, which must decide with fairness and through the procedure of voluntary jurisdiction.
8.- Do I have to accept the legitimate inheritance?
No, because it is presumed that the legitimate inheritance is accepted as long as it is not renounced in an express, pure and simple manner.
9.- What happens if I die before receiving my inheritance?
The right to receive the legitimate share is transferred to the heirs of the legitimate heir, except in the case of the legitimate share of the parents, which is extinguished if they die without having claimed it judicially or by notarial request after the death of the deceased child.
10.- If I have received a donation from my parents, is it on account of the legitimate inheritance?
Donations between living persons granted by the deceased with an express agreement of imputation or made in payment or on account of the legitimate portion are considered as an advance on the legitimate portion.
The imputable nature of the donation must be expressly stated at the time it is granted and cannot be imposed subsequently by acts between living persons or by cause of death.
They are also an advance on legitimate inheritance, unless the deceased provides otherwise:
a) Donations made by the deceased to the children so that they can purchase their first home or undertake a professional, industrial or commercial activity that provides them with personal or economic independence.
b) Particular attributions in a succession agreement, donations due to death and assignments of assets to the payment of legitimate inheritances, also made in a succession agreement, when they become effective.
Can the character of advance of legitimate inheritance of a donation be revoked?
The testator may revoke the imputation to the legitimate share in a will or codicil, as well as in a succession agreement or by means of a declaration made in another act between living persons in a public deed. The dispensation of imputation made in a public deed is irrevocable and that made in a succession agreement is only revocable for legal reasons or those agreed between the parties.
11.- What should the assets received in payment of legitimate inheritance be like?
As a general rule, the testator cannot impose conditions, terms or methods on the attributions made as legitimate or attributable to it. Nor can he burden them with usufructs or other charges, or subject them to a trust. If he does so, these limitations are considered not formulated.
12.- What happens if what they leave me in the will does not cover my legitimate share?
The difference, which is called the legitimate supplement, can be claimed.
13.- What happens if after having collected the legitimate portion, other assets of the deceased appear?
If after payment of the legitimate portion new assets of the deceased appear, the legitimate heir has the right to the corresponding supplement even if the legitimate portion has been fully paid or has waived the supplement.
14.- How are assets used as payment for legitimate inheritance valued?
The assets of the inheritance that serve as payment for the legitimate portion are estimated at their value at the time when the person entitled to pay chooses or awards them and notifies the legitimate heir.
15.- Who is responsible for the initiative to pay the legitimate share?
Both the legitimate heir and the person obliged to pay. If the legitimate heir adopts a passive attitude, he runs the risk that the right to claim the legitimate inheritance will expire. If it is the heir who does nothing, he runs the risk that the legitimate inheritance will accrue interest.
16.- What are the interests that can be accrued by the legitimate share?
The testator may stipulate that the inheritance shall not accrue interest or may establish its amount.
In the absence of provisions by the deceased, the legitimate share accrues legal interest from the death of the deceased, even if it is paid in assets of the inheritance, unless the legitimate heir lives with the heir or the universal usufructuary of the inheritance and is in charge of the latter.
The legitimate supplement accrues interest only from the time it is claimed judicially.
17.- Can I deprive a child of his legitimate inheritance?
Only if there is cause for disinheritance
They are causes of disinheritance:
a) The causes of unworthiness established by article 412-3.
b) The denial of support to the testator or his/her spouse or partner in a stable relationship, or to the ascendants or descendants of the testator, in cases where there is a legal obligation to provide it.
c) Serious mistreatment of the testator, his or her spouse or stable partner, or the testator's ascendants or descendants.
d) The suspension or deprivation of the authority that corresponded to the legitimate parent over the deceased child or that corresponded to the legitimate child over a grandchild of the deceased, in both cases due to a cause attributable to the person suspended or deprived of the authority.
e) The manifest and continued absence of family relationship between the deceased and the legitimate heir, if it is due to a cause exclusively attributable to the legitimate heir.
18.- What happens if the deceased and the legitimate heir reconcile?
The reconciliation of the deceased with the legitimate heir who has incurred a cause for disinheritance, provided that it is due to unquestionable acts, and the pardon granted in a public deed render the disinheritance void, whether the reconciliation or pardon is prior to the disinheritance or is subsequent.
19 What happens if a child does not agree with disinheritance?
If the disinherited legitimate heir challenges the disinheritance alleging the non-existence of the cause, the burden of proof that it existed falls on the heir.
20.- Can I renounce the legitimate inheritance before the death of the deceased?
Unilateral acts, stipulations in succession agreements and transaction contracts or contracts of any other nature granted before the death of the deceased that imply a waiver of the right of inheritance or that prejudice its content are void.
They are valid, if granted in a public deed:
a) The agreement between spouses or cohabitants in a stable relationship by virtue of which they renounce the legitimate share that could correspond to them in the succession of their common children and, especially, the survival agreement in which the survivor renounces the share that could correspond to him in the intestate succession of the deceased child who is an immature child.
b) The agreement between children and parents by which the latter renounce the legitimate that could correspond to them in the inheritance of the predeceased child.
c) The agreement between ascendants and descendants stipulated in a succession or donation agreement whereby the descendant who receives goods or money from his ascendant in payment of future legitima waives the possible supplement.
3. The waiver made in a succession agreement or donation in accordance with section 2.c may be rescinded due to injury in more than half of the fair value of the legitimate, taking into account the amount that the waiver's legitimate would have on the date it was made. made. The action can be exercised within a period of four years from the granting of the agreement.
21.- What is the deadline to claim payment of the legitimate inheritance?
The claim to demand the legitimate share and the supplement expires after ten years from the death of the deceased.
I received the legitimate pension a year ago due to the death of my father.
The heiress of all her assets is now my mother, but I have no relationship with her. My question is, will I again have the right to collect her inheritance when she dies?
In principle, yes, unless the person has been disinherited or there is a reason for unworthiness. In any case, you must take into account that everything written is linked to Catalan law.
Years ago I gave up my mother's share and received compensation for it.
My mother passed away when I was a child.
My father got together with a lady and lived with his partner for more than 28 years. They had a son.
Well, my father has disinherited me and said that I have no right to an inheritance.
Of course, he made her the sole heir. And my father has the grave in his name where my mother is.
If she does not want to sign for it to be mine, can I challenge the will and ask for the ninxol to be legitimate?
What if he can really disinherit me?
When I only give up my mother's part.
The proof of the existence of the cause for disinheritance corresponds to the heiress. This means that you can claim the legitimate inheritance and it will be your father's second wife who has the obligation to prove what your father said in the will.
The question is too complex to answer without looking at a piece of paper.
My brother is claiming my inheritance. My mother died in 1998 under the Catalan civil regime. At the time, she neither accepted nor rejected the acceptance of the inheritance. In 2015, she did accept the inheritance. The will did not contain any money, only an expropriated plot of land with a cadastral value of 60,000 euros. Today, due to a final judgment, the value is higher. He has not contributed to the procedural costs or other costs.
Ask:
Can my brother claim the legitimate inheritance that our mother only left him after 17 years and with the value of the fair price obtained in 2014 with a final judgment?
Hello, my name is Jose Ange. My father died in April 2017. He left us an apartment for 3 siblings, 33% for each one. I have debts with savings banks and my brother told me to be careful because if I had debts they would take my share of this. This has been going on since 2006. I would like to know if they can take my share. Thank you.
Is it legal that I, the universal heir, have to pay my father's inheritance twice to the same person?
In principle, no. But you can understand that I cannot answer the question you have asked me in much more depth.
Good morning!!! I have a doubt as to whether the 3% of household goods that my mother inherited after my father's death affects the legitimate heirs (we receive everything in cash), or if it is just an inheritance from my mother that is calculated to pay taxes, thank you!!
*This is in Catalonia
The issue of 3% on household goods, which can be reduced in the case of a widowed spouse, is a tax issue. The inheritance has its own calculation rules that you can see in the entry. Thank you very much for contacting us.
Hello,
I would like to know how question 17.e regarding the absence of a relationship can be demonstrated.
A relative disinherited his son for lack of a relationship for 4 years and for “abandonment.”
Now that the deceased has died, is there any way to prove the “absence of relationship” and not have to pay the inheritance?
Thank you,
The issue of evidence implies that there is a judicial dispute. Obviously, there will be no documents that acknowledge this, so it will be necessary to resort to witness statements, possible communications, everything that can justify before a judge the lack of relations...
For 7 years, no one has had any contact with my sister. She doesn't want to know anything about anyone, including my deceased father. My mother only has her house left, with its corresponding mortgage and a minimal pension. My brother and I are going to renounce the inheritance. How can we get my sister, who we don't know anything about, to renounce it or not have to give her anything?
Thank you.
The problems you seem to have could be solved through a will from your mother, in which the disinheritance of the sister should be considered, or in any case the legitimate rights to which she may be entitled should not accrue interest. In any case, consultations without seeing papers are very difficult, so I suggest that you deal with us or, if you do not live nearby, with a notary's office in your place of residence.
Good morning, I would like to know how much the legal share is stipulated in Catalonia. The net worth of the house is 60,000 euros and 21,000 in the bank. How much would I be entitled to? We are 3 siblings, thank you.
With this information, the legitimate share of each heir is 6,750 euros.
Hello, I'm Josefa. I would like to know. My father died 20 years ago. Neither my brothers nor I have received any inheritance from my father. My brother is homeless and is on the street. My mother is in a nursing home because her apartment is closed. Can my brother have a right to my father's inheritance or to any of us?
The first thing we should know is if your parents made a will, and their date of death. Without that we can't say anything.
Hello good morning,
I would appreciate knowing if the heir and legitimate heir RENOUNCES THE INHERITANCE or if the remaining assets and rights are zero. Does the forced legitimate heir remain unpaid?
Thanks,
First of all we should know the law that governs succession.
In any case, it is best to consult a professional, either with us or with whomever you consider appropriate, providing data and documentation. An answer to the question as formulated is very risky for me as a professional, since I give my opinion in vain, and for you, since it can create unproven expectations. Greetings and thank you for contacting us.
Hello, my question is the following: my mother became a widow, the deeds to the house passed directly to my mother. My mother made a will for the three children, but now a relative is getting in her head, taking advantage of the fact that she is older and they are asking her for money, they are already asking for 10,000 euros. They are putting it against me because I don't want her to be left without money, I think that she might need it. Her answer to this is that she is going to disinherit me, that she does what she wants with her money and my brother-in-law has said that one day he will take her and take her to the notary and that's it. My question is, if she does that, can I collect my maritime and my father's or can I do nothing?
Forgive my legitimate
There must be a cause to disinherit her. And if that cause is considered to be incorrect, the burden of proof of existence falls on the heir. The best thing you can do is to keep all evidence that your mother may not be capable or may be influenced to make a will. Regards.
Good afternoon, my question is about the following: My client, who has been required in Catalonia, where he lives, to accept the inheritance derived from the death of his mother, to whom he has named his brothers as heirs, does not agree with the amount that has been recorded as the inheritance, considering that the value of the property is much higher than that established in the deed of acceptance of inheritance. My client wishes to claim the amount that he believes he is entitled to as the inheritance, but he has been informed by the notary that if he collects the cheques, he will give a receipt for the inheritance and will waive any claim for a supplement. Should he inform the heirs that he does not accept this amount? Does this imply a waiver of the inheritance? Is there a deadline that my client must take into account?
Thank you very much for your attention
Good afternoon,
I would like to know if my brother-in-law, who was left as an only child after my wife's death and of whom I have been his guardian since then by a final judgment, would be entitled to receive an inheritance in the event of his absence. He cannot make a will due to his mental incapacity. Thank you.
I cannot answer you in great depth, due to the lack of specific data, wills, relationships, children... In order for there to be a legitimate inheritance, there must be a will, otherwise intestate succession applies. Being a guardian does not give you the right to inheritance, neither by legitimate inheritance nor by any other concept, unless there is the necessary degree of kinship.
If you would like a more in-depth answer, please consult a professional, or perhaps one of us, at a notary in your area. Best regards.
Good afternoon, my parents want to leave me only the forced inheritance in their will. I have debts. Will it be seized? Regards.
It depends on what your creditors do. The best solution will depend on the law applicable to the succession. I ask you, are you resident in Catalonia?
If we are residents in Catalonia
Good morning, my parents want to leave me only the forced legitimate inheritance in the will, we are residents in Catalonia, I have debts, will they be seized? Thank you, greetings.
The assets you receive in payment of a legitimate inheritance or even the right to a legitimate inheritance could be seized, but it will depend on the creditors.
How if the heirs give it to me in cash?
I don't understand the question
My parents left me the forced legitimate inheritance, I will only be a legitimate heir and not an heir, all the assets are distributed among the heirs and they are the ones who have to pay me the legitimate inheritance in cash, we are in Catalonia, the heirs will give me the legitimate inheritance on the day the will is read, how can my creditors seize it?
One thing is the possibility from a legal point of view and another is the possibility from a practical point of view.
Good afternoon,
My father has disinherited me, I am entitled to the inheritance, so far so good.
According to what his lawyers and notaries have told me, my father's wish is that my share of the inheritance should go to my children and that my sister should manage that inheritance.
I won't sign anything from the start because I don't trust them.
My question is this: Even though my father's wishes are for my children to have my inheritance, what right do I have to not sign anything and to let my inheritance be managed as I wish?
Thank you
We have two children. Our primary residence is valued at 250,000 euros. We also own another rented property, valued at 100,000 euros.
We also have a liquid asset of 50,000 euros.
I understand that in the event of the death of one of the two, the inheritance that would correspond to each child (Catalonia) would be 50,000 euros.
If they claimed the inheritance, would that mean we would be forced to sell the property we rent?
Thank you
The legitimate share would indeed be 50,000 euros. Payment is made in the manner agreed, unless the testator has stated otherwise.
What you should be clear about is the need to make a will.
Hello, my mother has made a will and has left her three children as universal heirs. However, the distribution of her assets at the time of her death is not equitable. One child is not covered by the inheritance in relation to the other two children.
I ask: does this injured son have to accept the inheritance, stating that he is asking for a supplementary legitimate share?
Or if he accepts the inheritance he can no longer ask for any legitimate inheritance.
Normally, the right to demand the supplement is reserved, or better yet, the inheritance deed is drawn up with the supplement already collected.
Hello, my grandmother died five years ago after I took care of her. My father died before her. During this time, she made me her sole heir. Now, after five years, my sister comes and doesn't want to know anything about her and says she wants the inheritance. To what extent does the inheritance belong to her since she is her granddaughter?
With the information you have given us, it is impossible for us to answer, since we do not know the applicable legislation, but I suspect that the fact of not caring about the mother, if there was no disinheritance, does not deprive the right of legitimacy. Regards.
Hello, my father recently died, leaving me as his legitimate heir and I have been asking the heirs to formalize the paperwork for about a year, which they have ignored, so I have had to gather all kinds of necessary documentation, including that of the settlement they have made to the treasury.
In this regard, the declared values of the homes far exceed the cadastral values.
My question is this:
– What values are legal for me to receive payment?
– Bearing in mind that he was Galician, he returned there when he retired and died there, but he had been registered as a resident for less than ten years, so he was considered Catalan, having lived here for more than thirty years. Which legislation is more favourable to me, Catalan or Galician?
And finally, and to finish, what values are computed to account for the legitimate share to the cent?
I await your response.
All the best
There are two issues to consider: first, the law that governs the succession, which according to the data provided is Catalan, and another thing is the law that governs the taxation of the succession, which according to the data provided is Galician. The legitimate share, if it is effectively governed by Catalan law, consists of the right to receive assets, not necessarily from the inheritance, worth a quarter of it and to divide it among all those who have the right to the legitimate share. Regarding the values, it is a matter of agreement, and in the absence of this, it would be expert values that a judge must determine. The most advisable thing is to make a notarial request and if they do not respond to your claims, you must claim the legitimate share in court.
My nephew became my mother's guardian in 2018 because my mother had dementia. They put her in a nursing home. This year she passed away and all her assets are for my nephew. He never left me my mother's Ninel DN health card to find out what illness she had. They put obstacles in my way. I couldn't take care of her because she had a mental illness. But the will also has 3 life insurance policies. Can they take it to court? It's all done with bad intentions.
I want to claim the legitimate portion, which amounts to €80,000. In the event that a will has been made to a minor, I understand that I have to claim it from the person who has custody, but when is the legitimate portion collected? When the person is of legal age or does the person who has custody have to pay it first?
If the person who has custody refuses to pay a legitimate inheritance, claiming that the heir is a minor, the assets are only an apartment, and he does not want to sell it until he is of legal age, what happens?
My father died in 2008. My mother knew nothing about the will, and my older brother told me in very strong words that our parents' house was his and the money was mine. I got angry and went to the notary. 15 years later he called me and I found out what my father had granted us. My mother owned everything at that time, but in a small clause, I had to receive a third of what she had at the time of her death, something that my brother refused to give me to trick my mother, since she had the beginnings of Alzheimer's disease. The rest was to be divided equally. My brother, taking advantage of my mother's illness, made her sign the house with his consent, keeping it for himself, but he cannot throw her out of the house while she is alive. Seeing that my mother was ill, I brought her to my house. Because I know that she belongs to him while she is alive!! I am giving away one of the parts of the lost house, but what irritates me the most is that my brother believes he is the administrator, while he takes a third of what he receives from his pension every month. In my opinion, my brother is a common thief. I await a response.
What do you want me to tell you?
Good morning.
My question is the following:
Can the universal heir choose the way to pay the legitimate inheritance to a legitimate heir, in cash or in goods?
Can the legitimate heir demand to be paid only in real estate?
Thank you very much for the reply.
Greetings
Thank you very much for following us. As you can see, the answer to your question is in point seven of the entry. Therefore, unless the will states otherwise, it is the heir who chooses the method of payment, and the legitimate heir has recourse to the judge to decide in equity.
Thank you very much for your prompt reply.
Indeed, point 7 contains the answer to my question.
Greetings
Being my mother's legal guardian due to Alzheimer's, after my father's death my two brothers have signed before a notary that they have collected the legitimate share and are waiting to acquire what corresponds when my mother dies, but now they want the money in cash because they have changed their mind. I must go to a judge. Can I prove that during my mother's life they are taking things without permission and have sold them? Can they take away my mother's guardianship? Thank you.
You should know what your siblings have signed before a Notary. On the other hand, guardianship is granted and removed by the judge.
They have signed the acceptance of the inheritance and the collection at that very moment of the legitimate portion that corresponded to them, accepting that while my mother is alive they would not ask for money because she is paying for a residence of 1800 euros per month but now they want money on account of the legitimate portion that they have already agreed to have collected before a notary.
In principle, if they have declared that they have received payment, they cannot claim payment.
Is it possible to interrupt the limitation period for claiming a legitimate share? If so, how should this be done?
According to the general rules of interruption of prescription included in the Civil Code of Catalonia:
a) The exercise of the claim before the courts, even if it is dismissed due to procedural defect.
b) The commencement of the arbitration procedure relating to the claim or the filing of the request for judicial formalisation of the arbitration.
c) The extrajudicial claim of the claim.
d) The recognition of the right or waiver of the limitation period of the person against whom the claim may be asserted during the limitation period.
The most reasonable thing to do is to make a notarial request.
If I received cash from my parents before their death and it is not recorded as a donation, it can be considered as an advance on the inheritance.
Thank you.
My father had a life insurance policy of which my mother was the beneficiary. My mother died a few days after my father died without having been able to collect on this life insurance. I was the sole heir of both of them and I collected this insurance as the heir of my mother who was the beneficiary.
Is this amount that I receive part of the inheritance?
Thank you very much for following us, first of all.
With all the reservations that a query can have without analyzing any type of document, in my understanding your mother was the holder of a credit right against the insurance company, and that amount comes to you as your mother's heir and not by designation of the policyholder, for that reason it is part of the estate.
Thank you very much for following us. Regarding your question, I will tell you that we are dealing with a question of proof of how the donation was made and also the date on which it was made would have to be analysed, but in Catalan law, in principle and except for a few exceptions that you can see in question 10, donations are not on account of legitimate property.
I wanted to know if, if my father dies and I am not in the will, being an only child, I am still entitled to the legitimate inheritance even though my mother is alive or do I have to wait until my mother dies as well? In the will my father left everything to his granddaughter, that is, my daughter, with whom I do not have a good relationship.
Yes. You still have the right to legitimate,
Good morning, my grandmother recently passed away and left her daughter as an heir.
I have disinherited his other son, with whom he had no relationship, for various very justified reasons.
Being in Catalonia, the legitimate inheritance is owed to her, and my mother does not work due to her age and only receives her pension.
Her lawyer tells her that she cannot refuse to pay him his share, that by law it is his and that a document could be drawn up through the notary, and that he would have a certain percentage of the property.
Would this mean that he could have keys to the house and be able to access it?
Should my mother refuse to play that role?
The legitimate portion must be paid, because the person obliged to pay (the heir) has a profit, regardless of his previous economic situation. If there is no money in the inheritance, the only option to pay the legitimate portion would be to give a share in the ownership of the house, which according to the data you give us, would be 12.5%. The use of the house depends on the agreement between both parties, but actually distributing the use by space or time is very complicated, so I fear that the legitimate portion should be paid in money, which will be the least problematic way in the long run.
In any case, if there has been a disinheritance and it has not been contested, the inheritance is excluded and does not have to be paid. If the disinheritance is contested, it will be up to the heir to prove the cause.
Good morning, I would like to know if I have to do so with my father while he is alive or after he has passed away to renounce my inheritance. If this is the latter option, what would be the deadline for formalizing it?
Thank you
Waiver during life is only possible in very specific cases, which you can see in question 20 of the entry. Except in these cases, waiver can only be made after the death of the testator.
I am Catalan. We are three siblings. I would like to know if I will have to share the inheritance with my sister. My father died and my mother is the usufructuary. I have cancer. If I die before my mother, will my family receive my share even if I had not inherited. Thank you.
Yes, your heirs will have the right to collect their share, as long as the statute of limitations has not expired.
Good afternoon, we are 3 siblings and I am the only heir in the will, leaving them the strict legitimate share. Half a year ago they donated a property to me. My question is if I can pay one of them with this collatable asset (is it just their share of the legitimate share)
Thank you so much
I should know a little more, but in principle, with an agreement between the owners, the legitimate portion can be paid as desired.
Hello Luis. I am the sole universal heir, leaving them only the strict legitimate portion that corresponds to them by law, and I could pay them with assets from the inheritance or in cash. My parents had several properties, money, shares and half a year ago they donated me a house that today would be very useful for me to use to pay one of them, which is more or less the amount that corresponds to him. Could I do this, or would I have to pay with other assets?
Thank you so much
It depends on the agreement, and in the absence of an agreement, the judge would decide in equity. So you see, if your brother gives you the house, he must sign the acceptance, so without his consent, you cannot do anything on your own.
Thank you very much for everything. Your information has been very useful. Best regards.
We are three brothers, my mother left her will in this way
For me the money is worth about 30,000 euros, for my brother the house and land valued at about 60,000 euros and for my sister the legitimate
How and who is responsible for paying the legitimate share
Without reading the will, I cannot answer you. The payment corresponds to the heir.
Hello good
My case is that due to the incompetence of my sister and brother-in-law, their flat went to auction and my mother as guarantor was forced to pay an amount of money to save the flat, after that and under other circumstances we no longer have dealings with them, me and my 3 sisters, seeing that in life my sister has received a sufficient amount of money that would be what we would all receive in the event of my mother's death with her inheritance, my mother has decided that whatever may be left will only be for the 4 of us since she has given up the estate during her lifetime, what steps would my mother have to follow so that in her death my sister could not receive anything from my mother or my father, thank you.
We would need to know where you live in order to determine the applicable law. In any case, it would be best if your sister recognised all of this in some way. In any case, a will should be made, but I am afraid that the effectiveness it can have in sorting out your entire situation may be limited. As you can understand, I cannot answer any further questions in this way. It is best that you consult a professional. Best regards.
My father has already passed away
My father passed away in November. In his will he leaves my mother as heir and his two daughters as heirs. My mother is legally incapacitated due to illness and my sister is her legal guardian. Last Monday we went to the estate agent to sort out the inheritance papers and when we asked him what we had to do to renounce the inheritance he told us nothing, that if it was not claimed we would not have to do anything and everything would go to my mother. Is this true? Our doubt is that if we do not renounce it, would it be legally and in the eyes of the tax authorities that we have inherited the part that corresponds to us?
What they say is correct. As long as they do not receive anything as a legitimate inheritance, there is no taxation. Your mother is the one who should take the initiative to pay, to avoid the legitimate inheritance accruing interest. Greetings and thank you for following us.
As an heir in Catalonia, am I obliged to pay a legitimate portion established in a will on a specific property? If the value of the portion specified in the will does not cover the legal %, can it be completed with more properties? Can the legitimate heir demand money?
You can indeed require the supplement, but its specific determination depends on many factors that go beyond the purpose of this website.
Thank you very much for following us
Bona nit, my doubt is about the obligation to pay the legitimate debt. My father is 33 years old who is going to die in a will. My daughter saw the property that is registered in the name of the couple. The wife's will left a significant amount of money and shares to a German, a son in the hereus of another German dead, and the son currently resides in me. Now that the Germans have left the diners, they are going to donate 5 million of the old money. The next questions are:
The right to claim the legitimacy of the cessation after 33 years of death?
Can you legitimately pay for the wife's share of the piss if she left other bens in the will and hereus?
The millions of dollars in cash and confirmation that the mother is going to donate can be considered part of the couple's legitimacy.
In short, I will have to pay euros to my Germans as legitimacy, to inherit the money? Moltíssim-es thanks, Miquel.
If my mother receives an inheritance, but due to embargo reasons, she cannot receive it and passes it on to my sisters' children, nothing happens to me, I can claim my share.
Thank you very much for following us, but your question is far beyond the purpose of this website.
Good morning. I would like you to answer a question I have. My father passed away 3 years ago. I accepted the inheritance but my sister did not. My father left me his entire share of the house in his will and the money to be divided between the two of us. A year ago my sister collected her inheritance money, but now she is claiming her share of the house.
Can you claim it from me now?
If the value of the deceased's share of the house is €60,000, how much should I give him?
Thank you so much.
The answer is difficult, if we do not have more information, but I suspect that your sister may have a right to something. What is that something? Well, if what is left to her by will does not cover the amount of her legitimate inheritance, she has the right to claim an amount until her legitimate inheritance is covered, for which the law establishes a criterion for reducing legacies and donations.
I think I have answered you, but I cannot be more explicit. If you want, make an appointment with a lawyer or notary in your place of residence, or if you want to come to Lleida
My husband recently passed away without making a will. His assets automatically go to my two children. Can I claim the inheritance as a wife? We live in Catalonia.
In Catalonia, widowers are not entitled to a legitimate inheritance, but if, as your husband tells me, he did not leave a will, you are entitled to the usufruct of the inheritance. The first thing you will have to do is make a declaration of heirs before a Notary at your husband's address, and they will inform you of everything. Greetings and thank you very much for following us. If you need any advice, do not hesitate to contact us.
IN CATALONIA, my father has just passed away, I know that my stepmother is the usufructuary and I am the heir, does the legitimate inheritance belong to me as a son?
I have no relationship with her, she refuses to divide up my father's large inheritance, because she is the usufructuary, but as an heir... I don't get anything!!??
She has not made an inventory of the house, she refuses, can she do it? She has changed the locks, she spends money from the account - where she is not listed, is this illegal? She pays all the expenses from the account that only my father is in.
Do the things inside the house belong to me as an heir?
Stocks, fixed-term money, life insurance, etc. etc... She doesn't want to inform me about anything and I don't trust her.
I had boats, I use them, because she doesn't know how to drive them, and now she's claiming them from me. Can I defend this as bad faith? I've read that there is an article, 111.7, in Catalonia that talks about good faith and honesty. Can I attack her for this article, see if she gives in? Let's see. If she doesn't know how to drive them, why does she want them?
Legally, what can I do to collect my inheritance and forget about it?
Hello,
My mother-in-law died 4 years ago, leaving her husband as heir (of a flat owned by both of them at 50%). My father-in-law said that the children did not need to go and sign the renunciation of the inheritance, that the notary would take care of it.
Since they were not willing to resign, they did not sign anything (neither resignation nor acceptance).
Now it turns out that my father-in-law wants to sell the apartment that he inherited.
If she were to sell it, could the children claim their mother's share of the inheritance or would they have to arrange some paperwork before she sells it?
If the apartment were sold for 250,000 and is free of encumbrances, how much would be the legitimate share that would correspond to each of the two children?
It is in Catalonia
The legitimate share can be claimed as long as the right to claim it has not expired, which according to the information you have given me is ten years from the date of death. The legitimate share is calculated based on the value of the assets at the date of death, and if nothing to the contrary is stated in the will, it accrues legal interest until payment. The legitimate share is equivalent to the value of a quarter of the inheritance, to be divided between all those who have the right, which in the case of two children, is equal parts. That is to say, each child can claim 1/8 of the value of the inheritance as legitimate share.
All the best.
My father married a second time and had two children from his first marriage and another two with his second wife… the father died and left us all equal successors and the second wife also left us all successors in equal parts according to her open will and distributed a copy to everyone… but when he died we found that he changed the will only for his two children… does something belong to us… (the legitimate heir perhaps due to some Jurisdisprudence) what could we do because they surely induced her to change the will as she was physically and mentally unwell and when she changed the Will they put her in a Nursing Home… (we could challenge-annul the Will) where they did not care about her, in which nursing home she had an accident and died two months later…
Everything you say is possible, but it is very risky for me to give an opinion without seeing any kind of document. It is best that you discuss it directly with a lawyer, since I suspect that the possible solution will come from a court ruling. Best regards.
My father made a will and disinherited me on 7/8/2008, alleging a lack of relationship and not letting him see my son. This was false, since I always said that they could do it and I didn't want to deal with my brother, who is the current heir, since my father passed away in 2012. In 2010 we attended my father's birthday, since my brother was not there, and I have photos of that celebration. I have the possibility of contesting the will and claiming the inheritance, if not for me, at least for my son.
The burden of proof of the cause for disinheritance is on the heir, that is, your brother; you just need to claim the legitimate share.
Hello, my father-in-law passed away a year ago without leaving a will, but he gave a real estate gift to one of his daughters more than 8 years ago, and to another daughter another property for a symbolic amount. Meanwhile, he left my husband nothing. Can he claim the inheritance from his sisters from these two properties?
Since there is no will, there are no legitimate heirs and the estate must be divided among the three children. In any case, I take this opinion as an idea, not as a legal opinion, since it would be irresponsible of me to give an opinion without seeing any documentation.
Hello, my father is widowed and my brother has never wanted to know anything about us. My father gave me the house in 2007. We pay all our taxes and the deeds for the house. He also made me the sole heir. I know that he should take the inheritance of the money, but I don't see the logic of the house, since I took care of him until his death. My father told me that by making a donation he would never have the right to the inheritance since it would be in my name. Read, I have to pay the inheritance of the house to my brother. Thank you. If you can help me, we are from Barcelona.
My father passed away three months ago. We are four siblings. My father got married when he was widowed and his relationship with that person was non-existent. My father has not made a will. As far as I know, he bought a flat, I don't know if it is in his name or in his wife's. I don't know anything about his bank accounts either.
Can I claim the inheritance? He has never given me anything.
To claim the inheritance, do all four siblings have to ask for it or can each one ask and claim it?
Thanks greetings
We need to know if the inheritance is in accordance with Catalan law. If it is and the father has not made a will, the heirs are the children and the second wife has the right to the usufruct of the entire inheritance. But if there is no will, there is no possible inheritance.
My question is the following, my father died ten years ago in November, I have two children and 37 years old, an opportunity to buy a very good and cheap flat has come up, my mother is 62 years old and of course my bank does not give me the option of that flat with what I currently have, that is, my wife and I receive unemployment benefit, I asked my mother for help to pay me for 15 years the installments of the flat that I want to buy in monthly instalments of 189 euros, she does not want to help me in any way selfishly and seeing the magnitude of such an offer for those flats I selfishly think of asking my mother for the legitimate share but of course I suppose she would feel offended and that the whole mother-son relationship would end, anyway, she bought a public protection flat with 11 million, there are two years left before it stops being so, how much would she receive at present as legitimate share and how much in two years? Can the amount to receive change? I have a sister older than me. Thank you and I await your response and help, greetings and Thank you for this page because it helps many people with their problems.ATT:Jose Manuel Gonzalez Garcia.
According to the information you have given us, your inheritance expires 20 years after the death (after 2008 it is ten years) and can be collected with interest, unless the will says otherwise. The most advisable thing is to avoid the expiration of the statute of limitations by making a claim to the person obliged to pay, so that the 20 or 10 year period starts again from zero.
yes
Good morning, we live in Catalonia, my father passed away three weeks ago and my mother is the heir to his entire estate, when she dies it will be my brother who will inherit the property, leaving the two remaining children the sum of 9,000 euros, my brother wants to give us the sum of 10,000 euros and for us to renounce the legitimate inheritance by signing a private document, the value of the estate is 48,000 euros in property and 42,000 euros in cash, what amount should we receive?
Thanks for everything
Based on this information, and without there having been any kind of donation, and with all the exceptions that result from a web consultation, the amount of the inheritance would be 7500 euros. My advice is that you consult a professional, explaining the whole situation. Best regards.
We are four siblings. My mother has passed away leaving in her will a house exclusively for one brother valued at 150,000 Euros, and money in the bank for 53,000 Euros to be divided equally between the 4 siblings. What total amount of the inheritance would correspond to me?
THANK YOU SO MUCH-
Without seeing the will, without knowing whether there have been donations or the possible expenses or debts of the inheritance, it is impossible to answer exactly. But, according to what you tell us, and in accordance with the legislation of Catalonia, the amount of your inheritance would be 12,687.50 euros, so your inheritance would be covered by the part of the money that you are entitled to receive.
My mother died in Barcelona 3 years ago. My father is still alive. The brothers renounced the inheritance in favour of my father, but only verbally. I have not signed any papers nor have I gone to a notary to sign this renunciation.
A friend who has been drowned has told me that if I have not signed anything, the waiver has not really been made and I could claim it now. Is this true? If so, how can I claim it?
Does the husband of a person who is going to collect a legitimate inheritance have the right? since they are going to separate
My wife wants to leave the house and leave. Would I have the right to enter her new rental since I am still her husband?
Hello, my case is that we are 3 siblings, the legitimate inheritance belongs to me, how does this work? Do the father's lawyers have to contact me or do I have to go somewhere to find out what belongs to me? Thank you, now you can tell me something.
We are registered under the Catalan civil regime. My 88-year-old mother, a widow, is admitted to a nursing home. She has money and every month she spends her expenses, hairdresser, clothes, podiatrist, etc., etc. She wants 600 Euros which I will withdraw from her account, which I am authorised to use.
My mother only has this money and nothing else in property. She leaves all the money left to my children in her will, and only her legitimate heir is to me and my brother.
The 600 Euros that I give her each month, I have a signed application from her, and she also signs the receipt for it for me each month. MY QUESTION: Can these monthly provisions affect the calculation of the inheritance? I ask this because it is not recorded as a Dation or I may have some problem with the Treasury. THANK YOU VERY MUCH.
In principle, no. But to avoid any problems, it is very important that you can justify the destination of the funds you withdraw from your mother's account.
In principle no
With the information you have given us, an answer is impossible, since we must know the law by which the inheritance is governed.
My father died 20 years ago and renounced the inheritance due to seizures of a company he owned. The usufructuary was my grandmother who died 4 and a half years ago. Now our two aunts have read us the will and it says that we have no right to the inheritance. Is that so? Thank you.
The right to a legitimate inheritance is only lost if there has been an express deprivation of it in the will. In any case, a more reasoned answer requires seeing the waiver and the status. Regards.
First of all, thank you for your generosity and the time you spend answering questions.
Mine refers to the method of payment of the legitimate portion. I read that it can be paid in cash or with assets from the estate. Does that mean that it cannot be paid with assets that do not correspond to the inheritance, that is, with assets that were previously the sole property of the heir? Example: Would it be possible to pay the legitimate portion with the usufruct (or bare ownership) of a property of which the heir is the sole owner? Catalan law and all participants agree.
If there is an agreement, everything is possible. In principle, the legitimate portion must be paid in money, even if there is none in the inheritance, or in assets of the inheritance. If it is paid in other assets, the only question that can be raised is a fiscal one, and that the payment of the legitimate portion should not be taxed by inheritance, but as an award in payment of debt, at 10% of the value of the property and without the right to any reduction. If there is an agreement, payment is possible through a usufruct.
Greetings and thanks for following.
Hello, the question is the following: if when a father dies, do the heirs (wife) consider that a legitimate heir (deceased daughter) with offspring (granddaughter) with whom there is no relationship and neither with the grandparents, has the right to collect? Can any clause such as "abandonment" or cruelty (demonstrable) be applied? There was no relationship or attention from the granddaughter for more than 10 years. The rest of the family has had to look after the grandparents in all these years. THANK YOU. We live in BCN
In principle no. The testator must have foreseen it. Another thing is that there is a cause of unworthiness, which could deprive the right to legitimate inheritance. Look at article 412-3 CCCat
Good afternoon
We are three brothers who have reached an agreement with the daughter of the deceased brother on the amount to be received as legitimate.
We would like to know who pays the payment letter for said inheritance to the corresponding notary.
Hello good evening, my question is the following: How much time do I have to pay the legitimate amount that my sister is claiming from me?
Hello good evening!
My case is a little more complicated, I think.
My grandfather died a year ago leaving my grandmother as his heir and in her case my uncle and my mother.
When the first one died, the apartment passed to my grandmother, and in her will she left my mother as her sole heir.
We need to know when it is legitimate. I live in Catalonia, the cadastral value of the apartment is 45,000 euros and the market value is 78,000 euros.
On the other hand, we believe that the best thing is for my mother to reject the inheritance and pass it on to the second line, which is me and my sister, leaving her the life usufruct.
Thank you so much.
Martha
My sister has inherited and after saying that she does not want to pay my brother and I the inheritance, she says that if necessary she would pay us the part while staying in the apartment, which she has inherited, a few days a month. For example, I would be entitled to 2.5 days a month until she pays me the inheritance. Is this legal? Can she do it?
Hello, good afternoon, I wanted to know how much time I have to pay the inheritance once it has been claimed. Thank you very much.
Dear Luis Prados, my question is the following. My mother passed away last October leaving my sister as sole heir. My sister tells me that she does not have the money to pay me the legitimate portion, the only asset she left was a property. How much time does the heiress have to be able to pay me my legitimate portion? Can I use the house that my mother left since a quarter of the property would belong to me? Can I demand that the heiress pay the legitimate portion or do I therefore have to take it to court so that a judge can set a date to pay me the legitimate portion? Can I demand that she include me in the new property deed?
I await your response. Greetings.
If my brother has committed a criminal act on one of my father's properties and I have lost the relationship, can I demand my mother's inheritance? If the two properties amount to €150,000, how much is my inheritance? We are only two brothers.
The previous question is in Catalonia
Hello, my question is the following: my father passed away almost ten years ago and the heirs have renounced the legitimate inheritance that went to my mother in the will, disinheriting the daughter who died before him. There is a grandson of the deceased daughter. Does the legitimate inheritance correspond to the grandson? I live in Catalonia.
In principle, yes. The inheritance goes to the grandson, the son of the disinherited person. You can see article 451.3 of the Civil Code of Catalonia.
My mother passed away in 2009. I signed the acceptance of the inheritance and that I had received the legitimate share in cash of €10,200, but my sister, who was the one who collected it to distribute it, has not yet given me the money! Have I lost my mother's legitimate share? Can I claim the money from my sister through legal means?
My father is the sole heir to a 168,000€ estate. Due to the crisis, I am about to lose my house. Can I request part of the inheritance?
Can voluntary heirs who are named in a will also request a legitimate inheritance?
If they are entitled to a net value left to them by the estate, can they request the legitimate inheritance?
If some heirs do not have the cash left to them by the executor, how should they collect it? Could another heir pay it? What happens if the will distributes some cash amounts to some heirs and these amounts no longer exist? Who is responsible for the amounts that do not exist but are willed in the will?
What they must do is justify the payment of inheritance tax.
My grandmother died five years ago and my father died fifteen years ago. Now I want to claim the inheritance since he has not left me anything in his will. He has two apartments in Barcelona. How much would I be entitled to as inheritance? Thank you.
It is impossible to determine without knowing values.
My mother has made a will at the notary's office (induced by my sister Teresa and with her present) and with these clauses:
He bequeaths to his daughter Teresa x.. the legitimate portion that legally corresponds to them and to his daughter Inma xxx, he bequeaths nothing in this concept because the testator paid her during her lifetime.
Very well legally done and written, but I (Inma) have not yet received anything in this concept!!
So when I read this I was shocked and asked my mother why she did this..?
The poor woman doesn't understand anything! She doesn't understand legal vocabulary! And I believe her, because if she had something to hide, she wouldn't have shown me the will!!!
Question: Can I sue my sister for false and misleading allegations?
You can claim the inheritance, as I don't think there is any proof that you actually received it. As for the will, it can only be challenged after your mother's death, so it would be advisable to keep evidence that could prove the capture of will (although it will be difficult).
Thank you very much for the quick reply. I live abroad and I think my sister influences certain decisions my mother makes.
If my mother makes a new will, can I know its content?
Greetings from Germany..
Inma
only if his mother provides it for him
If an heir who has made some expenses in the investigation of an inheritance but does not present proof of expenses, can he collect the % that he wants in an abusive manner and do so in an arbitrary and obligatory manner, in the form of blackmail even if there are heirs who do not agree?
A question of that kind, with such strong qualifications, cannot be answered knowing only what you tell me. What is clear is that any expense must be justified and that justification implies a reasonable price. In my opinion, the actions of that person may fall within the scope of the management of other people's business without a mandate. In the absence of an agreement between you, you will have to go to court.
Good afternoon, my grandmother died 5 years ago, leaving the flat for her 5 siblings in her will, but with the usufruct of one of them (as long as she was alive). The brother who was the usufructuary died 6 months ago and the paperwork for its sale and the money he had in his passbook are being arranged (this brother has not left a will or heirs). They were arranging the paperwork for the other 4 siblings, but 15 days ago one of the sisters died (she was married but had no children).
This couple (they lived in Castellón, the others in Catalonia) had a will for each other.
The question is: Does my aunt's widower have the right to collect the inheritance from the apartment (when it is sold) and the money from his wife's brother or is it legitimate and only through bloodline?
Thank you very much for your attention
From what you tell me, no, because the right of usufruct was extinguished with the death and is not included in your brother's inheritance.
Hello, my father died a few months ago and my mother is the heir. What happens if I claim the inheritance and my siblings don't? What taxes will I have to pay?
It's OK, you can claim it separately. The taxes will depend on what you receive and how much value it has. But you should know that if you are a child, the inheritance tax in Catalonia is almost non-existent and if you receive an urban property you will have to pay municipal capital gains tax. Greetings and thanks for following us.
Hello, my husband and I are going to make a will. He has a son from another relationship and we have another son together. The flat is in my husband's name and the savings are in both of our names.
My question is, in the event that my husband were to die before me, can it be stated in the will that I am the usufructuary of the flat and that the value of the inheritance would be given to the two children in part of the flat? I ask this because I do not know if, since the issue of inheritance is established by law, it is only necessary in the will to state the desire to make me the usufructuary or if the issue of inheritance must be written down in advance.
The issue would be that once we both died, then the flat would be entirely for the two children. Thank you in advance for your response.
Hello,
My father died 8 years ago, and my mother made us sign that we voluntarily renounced the inheritance (I have 2 other siblings), and we did it.
With what interest did she want us to resign?
We don't have a very good relationship with her and she always threatens us, telling us to leave her house and that she won't do anything to us.
Legally, can he throw us out? Right now, financially, we can't afford to leave. Could we get our inheritance back if we wanted to?
Thank you so much
If I understand it correctly from what I have read: A person leaves three universal heirs in his will: A, B and C. The aforementioned A had two children and X who died years ago and has a son. He leaves a capital of 100,000.
The Legitimate is calculated at 100,000 / 4 = 25,000. These 25,000 will be divided between A and X's son.
The remaining 75,000 will be distributed between A, B and C. Therefore A would inherit 25,000 + 12,500 =37,500.
Have I calculated it correctly ???
Thanks in advance.
I think so.
I would have to see what they signed. I cannot assess the intentions of his mother.
With a will you have a great deal of freedom, so in principle everything you propose can be done, but speak to a professional directly.
Thanks for your reply.
I am taking advantage of your better knowledge. Do you know in Catalonia and for the example above, how much will have to be paid for inheritance tax? Is there an exempt amount for first degree relatives?
Thanks, again
I interpret that relative of the first degree means for you parents and children. If this were the case in Cantalunya the minimum exemption is 100,000 euros, but there are also some fairly significant tax rebates.
Good afternoon:
My father died 5 years ago, leaving my mother as sole heir of a flat that they had as a second home. They had been living separately for over 15 years, although they had never legally formalised it. At the time of my father's death, my mother did not want to pay the inheritance to the five children, so a new deed was drawn up for the house where we appear with a percentage of it that the notary considered to correspond to the value of the inheritance. My mother now wants to sell this house and my questions are:
If any of the five siblings, since we are listed in the deed, do not want it to be sold, can they stop this sale? The value of the house is 100,000 euros, how much would the legitimate share be for each child?
In principle, no one can force you to sell, but there may be a procedure so that the person with the largest share in the house can keep it all, paying the others its appraised value. In the case you mention, there is no legitimate claim, you will be entitled to the part of the price that corresponds to your share in the house. Best regards.
I have been sued for not reaching an agreement on payment of the legal debt.
I am the heir, I have no children and the legitimate inheritance is for her parents and an inventory of everything was made and we made a deed of heirs. Her parents are entitled to what is established by the law of Catalonia.
I wanted to pay them that amount but we have never met to pay it on their part, I have sent them a burofax and nothing, and now they say that the inventory was not done correctly and they are asking for more money, I tell them that they are entitled to what was written on the day (6 years ago) I find that they have filed a lawsuit against me, what can happen to me? I must say that I have never put up any impediment to paying, I have only refused when they ask me for more money.
Thank you so much.
Obviously, your husband's parents have not provided a receipt. What will be discussed in the proceedings is the amount of the legitimate portion, which will depend on the inventory and an assessment that, in the absence of an agreement, will be carried out by an expert. The final decision, in the sense of how much and how the legitimate portion is paid, will depend on various factors that I cannot assess, such as whether there have been offers, for example... The biggest problem that can arise from all of this is the costs of the lawsuit, and who is responsible for it will be determined by the judge, based on all the proven facts.
Thank you very much for your response and promptness, we hope everything goes as well as possible.
I will keep you informed.
Thank you
Hello, my brothers and I have inherited. There is a brother who has the inheritance. We all agree to pay it. Is there anyone who cannot? How can we legally pay as best we can without paying interest? If possible, in case you do not do what we propose? Thank you very much. Regards.
The only way would be to offer payment, and if you don't receive it, to deposit the amount. In any case, the legal interest is not that great.
Hello, I have another question. The total is 1,700,000 and one brother has 110,000 for himself and the rest is 60,000. Do we all have to pay the same amount of the inheritance if we have inherited less or if the one who inherits the most has to pay more? Thank you very much. Regards.
My father has left a will and disinherited a brother who is asking us for the inheritance and my father has left a house for 4 and an apartment for one. What I would like to know is if the inheritance is paid in equal parts or if the one who has inherited the most has to pay more. Thank you very much and sorry for the inconvenience. Regards.
A friend's mother died three days after her son. Do his daughter and sister have the right to receive the inheritance that belonged to the mother as a parent? It is understood that certain certificates cannot be available within 72 hours to initiate the legal process.
In principle, the right to the legitimate inheritance is transmitted to the heirs and/or descendants, as the case may be.
It depends on the will and the amount of the assets, but in principle, the one who receives the most is the one who pays the most, because he ends up receiving the least.
Thank you very much
I would like to know if, being the heir of the legitimate inheritance and my stepfather being able to use and enjoy it until he dies, can they throw me out of the house?
My father has passed away. The will states the following in this order:
I pay the legitimate amount to whom it may concern (I am an only child)
bequeathing 25% of his share of a house to his grandson (my son)
sole heir to his wife (my mother)
My question is this:
My mother thought she was going to inherit all of my father's share, so she wants to propose to my son that he renounce the legacy.
I do not want to lose my father's inheritance, but I do not want to harm my mother now, so I would like to establish that I will receive the inheritance that corresponds to me when my mother dies. How can this be done?
In the event that the grandson does not want to renounce the legacy, should his share be after deducting the amount that corresponds to me as legitimate inheritance from my father's total 50% or from the 25 % that would correspond to him as a legacy? Thank you very much.
These are questions that cannot be answered in a short way. But in a simple way. The legitimate portion is calculated on the entire inheritance, including the legacy, which, if it harms the legitimate portion, should be reduced. No one can force your son to renounce it. A reasonable way to arrange your mother's succession without the risk of surprises would be through a succession agreement. Consult carefully, and if you want to call us by phone, do so without obligation.
You should see the will. The question has many nuances.
Good evening, residents of Catalonia, we are three brothers
Can my parents make a will and leave the flat where they live to my sister and regarding the money in the accounts, 40 percent to the one in the flat and 30 percent to the other two siblings? I have no right to anything from the flat, because in this case one of the sisters inherits much more. And when asked, they said that it is their will, thank you.
What you should keep in mind is that what you receive for any reason cannot be less than what is due to you by law. If what you receive is less in your case than the 8.3% of the inheritance, you can claim it, I imagine from the brother who receives more.
We are two brothers, each listing a house in the will. Can they be listed as each other's legitimate heirs in the will, if we both agree? Thank you.
By agreeing, they can do whatever they want.
When my father died, my mother was the usufructuary of the house. Seven years after his death, in 1992, my sister and I renounced our legitimate share so that she could apply for a mortgage, which I guaranteed. Over the years, my mother left the house to me. Does my sister have the right to the legitimate share of this house that I will inherit?
I have lived with my mother all my life, I am 64 years old, my sister got married when she was 20 and my father died 32 years ago.
Each parent has the right to a legitimate inheritance, and in principle it is always the case, unless there has been a disinheritance. But the truth is that without seeing the documentation I cannot answer you.
Good afternoon, in the case of collection of the legitimate portion and having been given a plot of land as a donation, what scale is applied to discount it from this, the cadastral value or the market value (of the year of the death of the donee)?
thank you
We must start from real values
We live in Catalonia. We are three siblings and according to our mother's will, two of the siblings inherit 1/3 each and the other third goes to the children of the third sibling, who will be entitled to the inheritance. What percentage corresponds to each of the 4 parts?
Thanks in advance.
Sorry, but I don't understand the question.
The question is, if the total estate is 300,000 and there are 3 parts to be divided (2 brothers and children of a third brother), and the third brother who is not a direct heir, asks for the legitimate share (approx. 8%). What % corresponds to each of the 4 parts? That is, can the two brothers, heirs of 1/3 each, also claim their share of the legitimate share?
Thank you.
You are asking me a question about mathematics, not law. Each brother gets one third of that eight percent, that is, 2.6 percent, and an equal amount is to be divided among all the children of the brother who only receives the legitimate share.
Good afternoon. My question is: in Catalonia, does the deceased's widow have a right to the inheritance or is it only for the descendants? If my father gives all his assets to his children in his will, does his wife have any rights over said assets when he dies? Thank you very much for your time and dedication.
Please take a look at what I wrote in my last blog post. You can access it via this link.
https://www.notarialuisprados.com/que-derechos-tengo-si-quedo-viuda-o-viudo/
or go directly to http://www.notarialuisprados.com and you will see the entrance on the right.
Greetings and thanks for following
My mother has left my sister all her assets (2 flats) and me X euros (a will in Catalonia dated 7 years ago), now the money she left me in her will is not there and my sister, as universal heir and executor, has to divide it up. Does she have to give me the exact amount that corresponds to me under the will or just what is left in the account?
My mother has left my sister all her assets (2 flats) and me X euros (a will in Catalonia dated 7 years ago), now the money she left me in her will is not there and my sister, as universal heir and executor, has to divide it up. Does she have to give me the exact amount that corresponds to me in the will or just what is left in the account?
It would be necessary to see how the will is worded. But in principle, it is a legacy of a sum, and it must be paid, not necessarily with money.
Good afternoon,
I currently live in a rented apartment with my ex-wife (hereinafter “R”) with whom I am legally divorced and the 2 children we have in common.
We intend to build a house on an urban plot that is currently owned by my parents. Before asking the question(s), I would like to point out that both the land and the future house would be in my name.
The operation would be well received by my parents for all purposes except one: that in the case of a hypothetical second break-up or in the event of my own death, my ex-wife would not be the beneficiary of the inheritance, either directly or indirectly through my children, whether they were minors or adults.
Could my ex-wife agree with me to renounce the legitimate share before the death of the deceased (in this case me)? Is this an unfounded hypothesis, ignoring the fact that an ex-partner has no right to the legitimate share?
Likewise, even if we were to remarry, my parents would not approve the operation simply because of the potential for a new breakup in the form of a divorce or my death, which would raise several possibilities:
In the event of divorce, and before it occurs, could my wife renounce any legitimate inheritance that she might obtain directly or indirectly (in any way through the children)?
In the event that there is no divorce, but something worse such as my death, is it correct to say that the widow/widower in Catalonia is not entitled to the inheritance? Can this statement be considered valid in all cases? If he/she had also left an express will, could it be ensured that “R” would not be entitled to the usufruct of the inheritance either?
It is clear that there is no single answer to my questions, but rather what we are trying to do is to find out if there is any way to make a valid agreement in the form of a public deed or whatever so that "R" would not be a beneficiary in any way of either legitimate inheritances or usufruct of inheritances, regardless of the marital status we had before or after my death.
Finally, and so that there is no ethical conclusions, I must say that the four parties involved (R, my parents, my sisters and myself) would be willing to "shield" such a renunciation. The point is that this shielding should be in writing and guaranteed, because if it were not so, my parents would prefer to give up the land to my sisters, and the fact is that no matter how much they love "R" nothing lasts forever and my sisters, my parents and myself would be left with nothing and no home!
Thank you very much and best regards.
Good morning:
My question is: I do not want to lose the right to a legitimate inheritance, which expires after 10 years. If I request it, do I have to request enforcement afterwards? And if so, within what period?
Thank you so much.
If you claim the legitimate share, in the manner (article 121-11 CCCat) the 10-year limitation period will start counting again up to a maximum of 30 years, which is the so-called preclusion period established by law. The most appropriate thing to do with what you are proposing is an extrajudicial claim (preferably through a notarial request), since such a claim does not oblige you to anything. If you make a judicial claim it would be different, since there would come a time when you would have to withdraw from the procedure and most likely this would mean a waiver of the claim for the legitimate share.
Hello, I wanted to ask a question, ten years ago my father died and left his assets to my mother. Now my mother has passed away and we have found out that 2 or 3 years ago my mother changed the will because when my father died he did not leave it to all of his children and now he only leaves it to one daughter because my mother was incapacitated. My two older brothers and my sister had to take it expressly. Because my brothers do not want anything because they say that since they were with my sister for 4 years, everything was for her, but my sister was charging a lot of money for having her. In total there are 6 of us, only two of us. We want what belongs to us. Can the will be changed at the behest of my other siblings and not counting the rest? And what belongs to us? Thank you very much.
The will must be a free and spontaneous declaration, that is, not induced. Another thing is the difficulty of proving that it had been induced. If it could be proven, the will would be null.
Hello, my mother passed away in January 2015 and left my grandfather as an heir, but in the will she made in 2010. My question is, if my mother adopted me in 2014 and did not make any other will, would I become a direct heir? I am a resident in Catalonia. Thank you.
It is very complex to answer what you are asking us online, but the adopted child, in principle, is like any other child, and in your case, he or she could claim the ineffectiveness of the will due to a defect of preterition.
Taking the CCCat as a reference, if my son dies before me, what would happen to his hypothetical share?
Does my husband have a right to something if I die, since we have been divorced for more than 8 years?
And my current partner who I have lived with for more than 4 years?
If I die, do my parents have any rights to this succession?
and if it were the CC?
is there any difference?
Thank you very much
All the questions you ask have an easy solution through your will, in which you can regulate all those details. Do not hesitate, make a will and forget about the problem.
A divorced or not divorced spouse has no right to a legitimate inheritance, much less to the inheritance of his or her in-laws. If they live together, it could be understood that there is a de facto relationship, in which case her rights would be to the inheritance, not to that of her parents. The way to protect the situation would be through a succession agreement between you, your parents, and your children.
As regards the rights of the widower, I refer you to the penultimate entry published on the website.
all the best
Thank you very much Luis Prados for your response, but if you can clarify how I can prove that she was induced, I know what happened, that they took her without taking into account the other siblings, because all the siblings get along well, and on top of that, they hid what they had done. Can I refuse to sign as if I do not agree with my mother's last wishes and in that case, what would happen, because she always said that it would be for all the children and then she did not say that she had not even changed the will, neither she nor my siblings, it is all very strange, thank you very much.
The evidence is really complex. I don't think there are any witnesses, it's all indications that the judge should consider, and especially a medical opinion, if there is one. Regarding refusing to sign, well, it can be deduced from what the will says that perhaps his signature is not accurate. The best thing would be to try to talk to his brother, and given the prospect of losing a family or earning some money, he could reconsider. In other words, with the consent of the beneficiary brother, everything is possible.
Thank you very much for everything Luis Prados
My most sincere thanks and congratulations for your advisory work through this website.
My father passed away almost 10 years ago, naming my mother as sole heir and his children (my 3 brothers and I) as legitimate heirs.
My mother, the heiress, did not accept the inheritance and, logically, did not liquidate the inheritance. Over the years, my son went to live with his grandmother - the heiress - who suffers from senile dementia. The heiress disposed of a very important part of the inherited estate for the benefit of the grandson before acceptance. The heirs, seeing that said estate was going to waste, filed a judicial claim for acceptance or repudiation of the inheritance. The heiress responded to this by accepting the aforementioned inheritance before a notary. But the fact is that she declared only a tiny part of the inherited estate, among which were various bank deposits in Andorra. At this point we filed a claim for the division of the inheritance and the creation of an inventory, in order to have the necessary judicial assistance to clarify the existence of the assets hidden or removed from the inheritance. One year after the said claim for inheritance division and inventory formation was filed and admitted, the judge ordered the case to be closed on the grounds that the legitimate heirs are NOT heirs and that, for this reason, they cannot request the formation of an inventory.
How can we proceed to obtain the necessary legal assistance to prove the existence of bank deposits in Andorra? (We have photocopies of the bank statements, but the Andorran banks refuse to provide us with the information on the grounds that they can only provide it to the heiress or to a judge). Any ideas or suggestions on what to do?
Again and in advance, my thanks for your attention.
From what I understand, and with all due caution, it seems to me that what has happened is a purely procedural issue. The legitimate heir cannot ask for the division of the inheritance, but he can claim the legitimate share and request an inventory to know its amount. Regards.
Thank you very much Don Luis for your concise and immediate response.
Good morning. If the inheritance can be paid over the course of 10 years after the death of the deceased, should the legitimate heir request payment of the inheritance on the same day as the deed of acceptance of the inheritance? I understand that it can be done a posteriori and that its acceptance should not be reflected in said deed. So, when it is decided to accept it, should one go to the Tax Agency and pay the corresponding inheritance tax? With the payment letter and the deed of acceptance of the inheritance (where the hereditary mass is specified), how is it justified in which bank and in which current account the corresponding payment is made? Because if it is not specified in any notarial document, it could be collected in more than one bank and that should not be possible. Please, could you specify how the acceptance and collection process is carried out? In the event that a legitimate heir has general powers over the heir (granted before developing a disability), can he accept the inheritance in favor of the heir and at the same time accept the legitimate share that corresponds to him, in money, to which he is entitled? I have been told that there could be an incompatibility due to the concept of purchase-sale (not included in the powers) when valuing the habitual property (due to the possibility of inflating its price to increase the legitimate share, although in that case it would also favor the other legitimate heirs). But if it is accepted in money, is it also possible to accept the individual legitimate share? Thank you very much in advance for your answers to my questions.
This is a battery of questions. If you want, call us by phone and we will assist you.
Good morning. If the inheritance can be paid over the course of 10 years after the death of the deceased, should the legitimate heir request payment of the inheritance on the same day as the deed of acceptance of the inheritance? I understand that it can be done a posteriori and that its acceptance should not be reflected in said deed. So, when it is decided to accept it, should one go to the Tax Agency with the deed of acceptance of the inheritance (where the hereditary mass is specified) and pay the corresponding inheritance tax? With the payment letter and said deed, how is it justified in which bank and in which current account the corresponding payment is made? Because if it is not specified in any notarial document, it could be collected in more than one bank and that should not be possible. Please, could you specify how the acceptance and collection process is carried out? In the event that a legitimate heir has general powers over the heir (granted before developing a disability), can he accept the inheritance in favor of the heir and at the same time accept the legitimate share that corresponds to him, in money, to which he is entitled? I have been told that there could be an incompatibility due to the concept of purchase-sale (not included in the powers) when valuing the habitual property (due to the possibility of inflating its price to increase the legitimate share, although in that case it would also favor the other legitimate heirs). But if it is accepted in money, is it also possible to accept the individual legitimate share? Thank you very much in advance for your answers to my questions.
I have received my parents' inheritance, but now my biological father has died. Can I claim my inheritance? I have proof of paternity that shows me as the son of this now deceased man.
In principle, the child whose parentage has been legally determined has all rights, including inheritance rights.
I have received 8,800 euros from my mother's inheritance, who died 8 months ago. In Catalonia. The universal heir was my father. What taxes exactly do I have to pay on those 8,800 euros? Do I just have to declare it in next year's income tax return?
Or euros, if it was in cash.
My father died 22 years ago in Catalonia. In his will he appointed my mother as heir, “leaving the legitimate heir to the descendants as appropriate, with the order that it not be claimed during the lifetime of the appointed heir.”
Now I have been told that this condition is not valid and can be challenged, but 22 years have already passed... Can something be done? Is the statute of limitations suspended because of this clause?
Thank you so much.
In principle, the statute of limitations is not suspended. But a more reasoned response requires more information.
I would like to know what kind of will my husband (we were both divorced) and we are married in Catalonia should make, so that it is more beneficial for me. We do not have children but he has a son from a previous marriage. The question is, if we have joint property, can the legitimate inheritance be paid to the son and I can have the freedom to do what I want with that property without needing the authorization of that person. Thank you.
The will would be “one for the other”, meaning that you name each other as heirs, and perhaps determine that the payment of the child’s inheritance will be made in specific assets or money.
A few days ago I told you about the inheritance that my mother had changed and that she was leaving everything to my sister. It turns out that when I was talking to my sister, she said that the day she changed the will, my mother started to cry before going in because she always said that it would be for everyone. How can I find out if she was forced? Thank you.
Arrange it with your sister. If she is happy with it, everything can be done.
In Catalonia. My father died in 2012, in his will he named my mother as his sole heir and four children as legitimate heirs. When we accepted the inheritance we signed our consent as legitimate heirs but we did not ask for my mother's inheritance. None of us needed it. The Notary informed us that we had up to 10 years to request it. Now in 2015 my mother insists on paying each child's inheritance. My question is about the method of payment. Does she pay each brother the amount that corresponds to us in a bank and that's it? Do we have to make a letter of payment before a Notary? Do we then have to file the inheritance tax self-assessment? I only know that my mother did it. Thank you, I don't know if I explained myself well.
The best thing to do is to draw up a deed, in which you declare that you are satisfied with what you receive, and give a receipt to your mother, for the legitimate portion. This deed must be settled for taxes, but I suspect that the fee will be 0 euros. If you need more information, call us by phone and ask for Mr. Laureá Roges. Best regards.
Hello. My question is that I have been disinherited from my inheritance once my mother died before my grandfather. I do not agree since I had a relationship with him. What should be done to challenge the will? What real possibilities are there for me to collect said inheritance? Thank you in advance. Best regards.
Hello, sorry for not providing a piece of information, the will says that the inheritance is rejected as unworthy... what is the best way to claim it? Thanks again.
Good afternoon from Tarragona. I would like to ask you a question as we have to prepare the act of acceptance of my father's inheritance and we have a question: one of my sisters has creditors and although she is not listed as an heir, she will accept the inheritance. If we divide a property that we are going to put up for sale, do we run the risk that they can seize the inheritance that belongs to one of them?
Thanks a lot.
Of course, if something ends up in your sister's name, it can be seized.
My father JOSE TORRES BOUZON TRAVELED TO URUGUAY IN 1930….. HE MARRIED A URUGUAYAN JULIA OLIVEIRA GARCIA IN 1946, THEY HAD 4 CHILDREN….. THE OLDEST IS ME, LATER JUAN JOSE, GUSTAVO, JORGE. WITH MY GRANDPARENTS WE HAD COMMUNICATION FOR SEVERAL YEARS, MY MOTHER SENT THEM PHOTOS OF THE FAMILY AND TRADITIONAL GIFTS FROM URUGUAY…..WE WERE GROWN UP AND ONE DAY MY FATHER’S COUSIN STOPPED WRITING…WE SENT LETTERS TO THE USUAL ADDRESS AND WE DID NOT HAVE AN ANSWER. AFTER A LONG TIME THEY TOLD US THAT OUR GRANDPARENTS HAD DIED BUT WE NEVER HEARD OF THIS PERSON AGAIN…NOW I, MARIA EUGENIA, HAVE LIVED FOR 10 YEARS IN CATALONIA-IN BARCELONA…MY FATHER DIED 30 YEARS AGO… WHEN I ARRIVED HERE I WANTED TO COMMUNICATE WITH THESE PEOPLE BUT I CAN’T DO IT AND I CAN’T AFFORD TO GO TO THEIR HOSPITAL. PLACE. THIS IS IN THE LETTERS WE PUT
PONTEVEDRA – REDONDELA – CESANTES THIS LAST PLACE WHERE OUR FATHER WAS BORN… MY GRANDFATHER WAS CALLED JOAQUIN TORRES. AND MY GRANDMOTHER MARIA BOUZON CABALERIO…. I HAVE ALL THE DOCUMENTATION OF MY FATHER… I WOULD LIKE TO KNOW WHAT CAN HAPPEN….NO OTHER PARTICULAR THING
GREETS YOU
Maria Eugenia Torres Oliveira
PS: I HAD GIVEN UP LOOKING... BUT THEY TOLD ME THAT MY FATHER'S LEGAL HEIR MAY BE DEPOSITED IN SOME STATE AGENCY
THANKS FOR THE INFORMATION
I don't think it's stored anywhere.
Hello, I would like to know if any inheritance belongs to me. It happens that my father passed away when I was 2 years old (16 years ago) leaving a large fortune behind. My stepbrothers became the owners of that, when my father passed away the person my father was with at the time was my mother. I have tried to contact my stepbrothers but they don't answer me and they only tend to block me. I would like to know if there is any possibility that I have any inheritance or any right that protects me since I am also his son?
Order a death certificate and look for the last will and testament, and from there, something might be known. If you have any questions about how to obtain the certificate, please contact us.
I would like to ask a question, my mother passed away a year ago, my father who is the heir has Alzheimer's and the 5 siblings made a notarial document to be able to use the flat and money in the accounts in case of need for him, I have been diagnosed with a serious illness, I have two children and I am aware that if I were to die before my father my part would not correspond to my children so I would like to arrange this situation in the best way, I have thought about asking for the legitimate, the assets are a flat valued at 25 million and in a bank account there are 5 million old pesetas in the other account I do not know exactly, if I were to ask for the legitimate, how much would correspond to me of the flat and the account and how do I have to do it to protect this part for my children, and the other question is if there is another solution without asking for the legitimate so that if in case I were to die before my father, my part would be inherited by my children, I do not want to cause inconvenience to my brothers, my father is in a residence that is paid for with his pension, I am worried about the fact that If something happens to me and my children are left with nothing, what do you advise me? Thanks in advance.
Assuming that the entire inheritance is governed by Catalan law, if you die before your father, you do not lose the right to a legitimate share, so it would go to your children. The right to a legitimate share is only lost in the opposite case if the parents die without having claimed the legitimate share that corresponds to them in the inheritance of their children, but as I say, that is not the case. As advice, I would tell you to make a will in favor of your children. And since the legitimate share expires within ten years without claiming it, if it were about to happen, I would file some kind of claim, just to get it maintained.
Sorry, I didn't understand well. If I claim the inheritance, then it would go to my children in the event of my death, but if I don't claim the inheritance, would my children be left with nothing? On the other hand, should I make the will after claiming the inheritance or without claiming it and making a will, do they still get the inheritance? Could you please tell me what approximate amount would correspond to the account and the flat that is in the inheritance? Sorry, but I didn't understand the answer. Thank you very much in advance. Best regards.
I live in Catalonia, thank you very much
The legitimate share is not extinguished by the death of the person who can claim it. That is to say that if you die, your inheritance will have, as an asset, the right to your father's legitimate share, which your heirs can exercise. You can make the will whenever you want, and in it you can attribute your father's legitimate share to whomever you want.
In Catalonia
I am a legitimate heir with my mother's brother, and an equal heir with my nephew.
If I become an heir, do I stop receiving the legitimate share?
1.- If I legitimize 12,50% and inherit 37,50%, that is, 50%
2.- If I do not collect legitimate I only collect 43,75%
Which solution is correct?
Thank you
You must receive at least 12.50%. If what you receive as an heir does not reach that, you can claim the difference from the other co-heir. Therefore, I interpret the solution to be the second one.
A person over 95 years of age, with no relatives, who had made wills and in all of them named as heir a person who had looked after his estate for more than 20 years, however, completely changes the will 5 months before his death and leaves the domestic employee who looked after him as sole heir. Can the will be challenged if there was no cause for making this change?
The cause does not matter at all. The question is whether he had free will or was induced, both of which are very difficult to prove.
Regarding the section: “a) The value of the assets of the inheritance at the time of the death of the deceased is taken as a starting point, with deductions for debts and expenses of the last illness.”
So, other private debts contracted (with a contract), do not enter into the subtraction of the legitimate portion?
That is, if my value is 1000, and I have debts for 900, when I die, the legitimate share is 1/4 of 1000? Who would have to take care of the debts?
Thank you
The payment of debts is the obligation of the heir, but the legitimate portion is calculated on the net assets, that is, after deducting the debts.
I renounced my father's inheritance and the legitimate share to which I was entitled 5 years ago before a notary... Now I have discovered something special in the inheritance and I want to claim that legitimate share. Can I do it? How? Until when?
It is difficult, since he has already renounced it. With the consent of the heir, an agreement could be reached, but if he does not want it, some kind of error in the renunciation would have to be alleged.
Hello, yes my grandfather died 1 week ago and he was previously married to a lady, with whom he had 2 children, 1 of which is dead, and the mother also formed a couple with another lady and had a daughter. Before dying, she signed an inheritance leaving it to her daughter, which her other son did not know, knowing that the other one is alive. My father is entitled to his share of the deceased brother of the sister and of his father... My question is, does my father have the right to claim his share even though my grandfather signed, leaving his inheritance only to his daughter?
You should know whether there is a will or not.
Hello, my parents separated 40 years ago. My father never had any contact with us. He passed away, leaving in his will that he gave us the legitimate inheritance while he was alive, which leaves us with an incredibly bad taste in our mouths. It's not true.
Legally we can make some kind of request to a court.
thanks for everything
Is receiving a legacy equivalent to receiving a legitimate inheritance? My mother has named my younger sister as heir to all her numerous assets that are not owed. She has left me the house where she lives as a legacy, however my mother only owns half of the apartment.
My question concerns the other half of the house, the only property in the name of my father who died 30 years ago and without a will in Catalonia.
What will be the legal procedure to have the deed of the house in its entirety in my name? Do I have to pay for my sister's share of the house, or is she, as the heir of assets and obligations, the one who has to give up her father's share of the house?
Thank you.
You will have to come to an agreement with your sister regarding your father's share of the house. The first thing, if you don't have one, is to make your father's declaration of heirs, from which the children will be heirs. From here, the best formula will depend on the composition of the inheritance. Best regards.
Good afternoon, I read with astonishment on my part and ask you if I have the right to the legitimate share of my deceased father who died on March 4, 2006) and (on 03/03/2006/Friday) the day before (my mother went to the bank with one of my two brothers and from one of the two accounts they had, she diverted 9,000 thousand euros in cash and 45,000 thousand in checks in her favor to my brother, of which she was asked to return, and up to now (HE DOES NOT WANT TO) given that he is in the trade and knows where to put such an amount giving him, undeclared benefits, that is, stock market and other finances, what can be done since my mother, as the notary told her one day, will report him, and she does not want to report him.
And now, to my great surprise, they are asking me to help pay part of the amount that is missing from her pension to put her in a nursing home, which I do not refuse, but on the condition that I keep the accounts for him of the 54 and for the one who took charge in a bad way of the current account where there has not been even enough for sunflower seeds for 9 years. I ask for an account in the name of the three of them with everything included and they refuse to do it. I am there but with nothing to contribute since both of them have everything from my mother in the bag.
WHAT CAN BE DONE IN THESE CASES?Best regards,
My husband and I have a flat that is in both our names and a daughter in common to whom we only want to leave the flat as an inheritance. Is this possible? What part or where would the inheritance come from?
Thank you very much
My husband and I have a flat that is in both our names and a daughter in common to whom we only want to leave the flat as an inheritance. Is this possible? But my husband has two other children. What portion or where would the inheritance come from?
Thank you very much
They must make a will, and if someone feels that they are harmed because they are not receiving their legitimate share, they can make a claim. In any case, the legitimate share is calculated by inheritance of each person, that is, in your case, your husband's inheritance is half of the flat, the other half is yours.
Hello, five years ago a friend's father passed away. While he was alive, he gave him a million and a half pesetas to buy a flat. And in his will he already said that his parents' flat would go to his daughter (his sister) when they died. All of this was in a will prior to the father's death. The will was transferred to the mother, with the same conditions, upon the death of his father.
Five years have passed and there is a new will dated January 2015, in which it says that the flat is for the daughter. It does not mention anything about the donation during her lifetime…
So, how much would correspond to the son, taking into account that the value of his parents' apartment is not the same as the value of the apartment that was bought with the donation during his lifetime, when his mother dies?
I cannot answer you without seeing any documentation, as it could lead you into error. If you want, arrange a visit.
Good afternoon.
My mother (widow) passed away in January of this year and had some money in the bank. We are two brothers, I am the eldest and we have not spoken to each other for a long time. My mother lived with my brother and when she died, he took care of all the paperwork. He has never contacted me to sign any document about the inheritance, my parents did not make a will, and he has not wanted to answer me when I have asked him.
How can I know what he has done?
Greetings and thanks
First of all, ask for a certificate of last will and testament, for which you will only need a death certificate. From there, you should evaluate what needs to be done, but what you should be clear about is that if there was no will, you are the heir.
Good afternoon, a 33-year-old guy from Barcelona
My wife has 2 brothers and a father (with whom they have not had a relationship for 10 years)
He is with another woman, but he is not married to her.
Would my wife be entitled to the inheritance even if I leave everything to this woman after I die?
Greetings and thanks if someone can give me the answer
Good afternoon. I live as a “stable partner” with the father of my son and for the purposes of inheritance rights I do not know if I/we have the same rights as a married couple or not, nor what these are. I have made a will in favour of my son, as an heir, and I have left a legacy for my parents (assets of which my parents and I are joint owners). If I get married, does my partner have more rights? Can he/we renounce them? I think it is fair that there is a right to any of the property and the trousseau, but nothing more… Thank you.
Good morning, if the father dies and leaves his wife as heir, and the children do not claim their inheritance from the mother, when the mother dies leaving one of the daughters as heir, will the other daughters be able to claim the inheritance of the father and the mother from the heir?
Of course, as long as the claim period has not expired (10 years).
Good morning,
First of all, thank you for the advice you provide on your website.
I have a question regarding legitimate heirs. When it says “If the deceased has no descendants who have survived him, the legitimate heirs are the parents in equal parts.”
In the event that the deceased leaves a widow/er, I understand that the inheritance will be based on the latter's assets. That is, the dissolution of the matrimonial partnership takes place, the assets of the deceased are calculated, and 25% of this amount is what the deceased's parents inherit (unless there is disinheritance, etc.).
Since there are no children, I understand that the remaining 75% can be freely disposed of in the will and, consequently, the surviving spouse could be appointed as the universal heir for all purposes, and not as a mere “usufructuary”. Is this correct?
Thank you so much
Thanks in advance.
My husband died 7 years ago, now my mother-in-law has died and has left her other son as sole heir.
My daughter is entitled to her inheritance, but my brother-in-law is demanding money from her that my mother-in-law gave to my husband when he lost his job. My brother-in-law is also demanding the money that she paid for my husband's funeral, since when my husband died I had no way to pay for it. Neither my daughter nor I inherited anything from him.
Question: Can my brother-in-law take from my daughter's inheritance the money that her mother gave to my husband while she was alive and can he claim the funeral expenses from her? Thank you.
Sorry, I want to clarify that I live in Catalonia.
Thank you so much
Good afternoon.
My father passed away 10 years ago without leaving a will and my mother passed away 1 year ago,
My mother left me sole heir to a 90,000 euro apartment. When my mother passed away
My father left the deeds as they were, she, he and a deceased brother.
A son she had from another marriage demands the legitimate inheritance from his mother.
My question is what percentage would we get, being me, my stepbrother and a
descendant of my deceased brother. I have a 69 percent disability.
I await your reply.
thank you so much
Hello good morning, my father died 19 years ago, my grandmother is still alive, my father had 4 children, my grandmother only wants to leave her apartment to me and my brother, she did this before a notary, my question is if my other 2 brothers can ask for the legitimate share? Thank you very much.
I am the sole heir of all my mother's assets. She has disinherited my other three siblings.
My question is, what percentage of the inheritance should be distributed to the 7 children that my siblings have, that is, my mother's grandchildren?
Thanks in advance.
The legitimate share is a quarter of the value of the inheritance, and it must be divided among the number of children. The share of the disinherited will go to their children (grandchildren of the deceased).
Good morning: In the inheritance tax (Catalonia), how is the value of the properties calculated? (IBI value - IBI value X a number according to the municipality: 2.23, 2.8, 2.9, etc., etc.), either the market value at that time, or another.
Very grateful. Kind regards.
The inheritance tax law states that the real value must be stated, more or less the market value. Due to the tradition of setting low values to pay the minimum tax, the Autonomous Communities established valuation rules, which in the case of Catalonia is a multiplier on the cadastral value for urban properties and a 0 per hectare amount for rural properties, which vary by municipality. This does not change the obligation to declare the real value, since the only consequence is that the Generalitat does not consider it preferable to verify values, if we do not adjust to the criteria that it itself publishes. The minimum to be stated would be the cadastral value, which would ensure that there would be no tax penalty.
Having said that, what value should be put in the deed? Well, the one that suits us best, which depends on the inherited assets and what we intend to do with the assets. Most inheritances in Catalonia, in favour of children and spouse, do not bear a large tax burden. I do not know which is your case, but if you need any clarification or query, do not hesitate to contact us. And as an idea, it is not always best to put the minimum value.
Upon my husband's death, one of my sons is asking me for his inheritance. I have thought about giving him a proportional share of a house, but it is rented. My question is: is he also entitled to part of the rent?
Good afternoon, upon the death of my husband, one of my sons is asking me for his inheritance. I am the sole heir. I have thought about giving him the corresponding share of a house and this house is rented. My question is the following: do I have to give him the proportional share of the rent?
In principle, the rent is the responsibility of those who are the owners or have a right of usufruct. Therefore, if there are several owners, they must share the rent. Another thing is that you and your son can agree on whatever you want.
Good night.
Upon my mother's death, her grandson and I, her daughter, became 50% heirs of her assets by will. To solve liquidity problems, we had thought of distributing the inheritance in such a way that he would keep the money from the accounts and 30% of the flat and I would keep 70% of the flat. (It would be valued in such a way that 50% of the assets would remain for each of us).
I plan to buy the 30% from the flat, but I don't know how it would affect us in terms of taxes. Since I am charged more than I am entitled to, they tell me that I will have to pay gift tax, which I would like to know for sure before accepting anything.
Thank you so much.
The best thing, in my opinion, is that everything is done within the inheritance division, with you being awarded the flat and your nephew the money, and if necessary, you paying a sum of money to compensate the lots.
My previous consultation was located in Catalonia. Thank you.
In her will, my grandmother leaves the flat to my uncle and a certain amount of money to her children. What if my grandmother spends that money before she dies? How can my father claim a certain amount of money?
If there is no money, nothing can be claimed, because the will is effective on what a person leaves behind when he or she dies, so if what was given in the will does not exist, this provision becomes void. What your father can do is claim the inheritance, and in principle the claim period is 10 years.
Is the legitimate share what is written in the will? Or what is left in the accounts?
It is a quarter of what a person leaves behind and is divided among as many parties as there are children. That is, if there is a child and two grandchildren (children of another deceased child), the child will receive half and the grandchildren the other half.
I would also like to know how much time we have to claim or receive the amount stated in the will. Thank you.
Good afternoon,
My grandmother passed away almost a year ago, my mother has renounced the inheritance (a property shared between three brothers has been divided between two). Would she have the right to predecedent the inheritance or by having renounced the inheritance has she lost all rights?
Thank you so much
I would have to look at the terms under which that resignation was made, but in principle when you resign, you resign from everything.
Thank you so much.
Good morning Luis,
My in-laws own two properties with no encumbrances. My husband and I are going to buy one of them, making a down payment and paying a sum in installments.
My in-laws have a will in which if one of them dies, the other becomes the sole heir. In the event that one of them dies, I would like to know if the children of the marriage (there are two siblings in total) could ask for the inheritance and if so, if it is possible to "extend" the will and specify that the children renounce the inheritance while alive.
Thank you,
arish
Good morning again Luis, we live in Catalonia.
Yes and no. That is to say, children can claim the legitimate share, and the renunciation of the legitimate share, during life, must be based on a donation in which assets are received, and as a consequence of this, the legitimate share supplement is renounced. An unconditional renunciation is not possible,
Good afternoon, I would like to know if it is possible to delay the payment of the inheritance for a few months. This is because in order to make the payment, a fixed-term deposit with a high interest rate and penalty would have to be repaid. This would be done in February 2016.
The acceptance of the inheritance has been made and the change of name of the money in the banks is about to be carried out.
The doubt arises because in the acceptance of inheritance it is stated that "the money from a certain bank account (the one with the term) is delivered by giving a receipt for the amount, which will be received once the heiress has used said account."
How could we save the situation?
Thank you so much
With the agreement of the person who is to receive the money, everything is possible. If the inheritance is not paid, it accrues interest.
hello.
My father has recently passed away and now there are my mother and 4 brothers (one of them has been missing for 5 years without reason and whose whereabouts are unknown)
Since there is no will (of the only property there is, the apartment where my mother is currently living), how should we proceed to leave this missing brother out of everything, without any right to anything, as was my father's wish?
How can we prove that we have no relationship with him?
good morning
I have a question about the payment of legitimate shares that is not answered in the published questions.
Can I ask you this question through this comment?
A deceased person had three children, one died before his father without descendants, another also died before his father but with children and the third is still alive. How is the legitimate share calculated? Is the share that was due to the deceased without children added to the other two brothers? What happens to their share? I understand that the grandchildren of the second son share their father's share, is that so?
Grandchildren are entitled to the same share as their father, to be divided among all of them. If the deceased son did not leave children, his share belongs to the others.
In Catalonia. I am divorced and I have 2 children who are heirs of their grandfather who died in May because his mother also died. My question is because, after the partitions have been carried out, one of them is only entitled to the legitimate share, and the latter has not been informed that it is his. Not even that this legitimate share is his. I know about this situation because my other son has informed me of it. I am afraid of the consequences of this omission of information to his brother. If the notary knows of the existence of this legitimate share, is the notary not obliged to inform the beneficiaries of their right? Thank you.
There is no obligation to notify. What you should keep in mind is that the obligation to pay corresponds to the heir, and if he does not pay, the legitimate share accrues interest until payment and from the date of death. Claim the legitimate share yourself, so that there are no problems of prescription.
A judgment has been issued, in the first instance, on a claim for legitimate inheritance, which requires, in addition to the payment of the legitimate inheritance (in property or money), also the legal interest on the money since the death of the deceased. I understand that until the judgment, the legal interest on the money for each period would apply. But two questions arise regarding the payment of interest.
a.- From the date of the sentence, would the same criteria be used (legal money) or would the calculation based on procedural interest (legal money + 2 points) be applied?
b.- The judgment indicates that the legitimate claim may be paid with goods or money, but it does not indicate anything in relation to the payment of interest. Can the payment of interest be demanded in money?
Thank you so much
Regarding the interest, I interpret it as the one stated in the sentence. Regarding the payment, in my opinion, one can opt for payment in money, but if one opts for payment in goods and the legitimate heir does not agree, the judge would decide in equity.
Good afternoon,
I live in Catalonia. We are married under a separation of property regime and we have no children.
In our case, one of the spouses has a significantly larger estate than the other, so the separation of property regime is important. On the other hand, there is no good relationship with the father of this spouse (who, by the way, is a widower). As I understand it, if the father were to survive the son, 25% of the son's inheritance would automatically go to his father as a legitimate share.
I have two questions that I would like to see if you can clarify for me:
1) If the father were to die before the son, would the father's heirs be entitled to the 25% of the legitimate inheritance that would have been his? I suppose not, but I would appreciate it if you could confirm this for me...
2) This is a bit more “creative”. To avoid an imbalance between the assets obtained during the marriage by each of the spouses, I suppose that the corresponding marriage settlements should be made to move to the community property regime. Could this settlement be made with a suspensive clause so that the move to the community property regime would take effect at the time when one of the spouses dies and not before?
Thank you very much for your invaluable help!
In relation to the first question, if the legitimate father dies without having claimed the inheritance, it is extinguished.451-25 CCCat.
Regarding the second question, I find it difficult, since the matrimonial regime only takes effect with respect to third parties with registration in the Civil Registry. But a very similar formula could be found, for which it would be necessary to study their respective assets and income.
MY BROTHER BOUGHT A HOUSE AND IN THE DEED HE NAMED MY PARENTS AS BUYERS, AND THE DAY THEY DIE HE IS THE BENEFICIARY, BUT MY BROTHER DIED BEFORE MY PARENTS AND MY PARENTS DIE TO WHOM DOES THE HOUSE CORRESPOND TO MY BROTHER'S DAUGHTERS OR THEIR BROTHERS?
You have to look at the wills or who the heirs are in the absence of a will.
MY MOTHER LEFT A CERTIFIED HOUSE PAPER FOR HER GRANDDAUGHTERS
WHERE CAN I LOOK FOR IT? I CAN LEAVE IT
An inheritance of money for 3 siblings. One of them receives a pension with a supplement to the minimum.
If he collects the inheritance, he loses the minimum supplement that he receives monthly for a year. This heir has a daughter. What would the pensioner have to do to avoid losing the minimum supplement? The will does not state that he can renounce the inheritance in favor of his daughter.
For the sake of prudence, I cannot answer without seeing any documentation. Please ask the agency that pays the pension.
Dear Luis,
From your response, I understand that the marriage contract to be covered by the community property regime could not be registered in the civil registry with that suspensive clause that takes effect upon the death of one of the spouses. Correct?
The objective of this "maneuver" (if it can be called that), is to maintain the regime of separation of property while both spouses are alive (to protect the assets in the event of separation/divorce), but to simply move to the community property regime at the time of the death of one of the spouses (in the event that the marriage did not break up).
As you say, I suppose it would be best for me to contact a notary to discuss the matter. Or do you think this issue would be handled by a lawyer?
Again, thank you very much for your collaboration!
Exactly. I think it is more a question of a notary, but one who prides himself on being one. In other words, do not go to a document factory. What you are proposing is still a profit-sharing regime. So by increasing the participation credit and indicating that it should be paid in assets, you have the issue more or less resolved. What is essential is that the treatment be the same for both spouses.
Hello, My father died without leaving a will and he didn't have anything in his name either. Many years later my grandfather died and he did have several properties. The problem is that he gave everything he had to his children (my uncles) and he even made sales worth €0.
Does it legitimately belong to me and my brother?
I THINK SO. BUT WE SHOULD SEE THE WILL
Good afternoon,
My father passed away many years ago, he had three brothers. My grandparents passed away five and two years ago, in Catalonia. I have not received notification from a notary for the inheritance but I know that they had real estate in Catalonia and France. How can I know if I am entitled to an inheritance?
Thank you so much
Ask for a certificate from the register of last wills to find out if your parents and grandparents made a will. Unless they have disinherited you, you have a right to a legitimate inheritance. No notary has to contact you. They are the heirs.
Good morning, the situation is as follows:
My grandfather passed away 3 months ago, and his will states that my uncle has been appointed as heir. My father, who is of advanced age, is not attributed any inheritance, and that is because according to the will itself, he was given sufficient assets during his lifetime that can be attributed to it. Apart from the fact that we understand that the donation to which you refer, which did occur, cannot be attributed to the inheritance, if it were really attributable, its amount would not cover 1/8 of the total inheritance. In light of the above, the questions that arise for me are the following:
In order for the heir to accept the inheritance and for my father to be able to know the list of assets included as well as their valuation, and to be able to formally object, if necessary, what steps do we have to take (taking into account that the heir does not make a move)?
To avoid my father being in the front line, can I represent him in all the acts prior to a possible legal claim by means of, for example, a representative power of attorney contract? Or are these acts of the highest personal importance?
Can my father, or I through the representative mandate contract, request a copy from the corresponding notaries of the revoked wills that appear in the certificate of last wills if my father appears in them as heir or legitimate heir? Is there any resolution from the DGRN that deals with the matter?
Thank you so much
Your first action will be to claim the inheritance from the heir. If you go through the courts, you may be required to submit all the necessary documentation. As a child, you can ask for a copy of the will.
Your father can give you power of attorney.
The issue of requesting a copy of the revoked documents depends a little on the notary's criteria, which will take into account their content. Through judicial channels, it may be requested if it is considered convenient to know their content in order to resolve the matter at hand.
I inherited 25 percent of a house. If I separate from my wife, will she be entitled to any of it?
In Catalonia.
Thank you.
As an owner, no. Another thing is that in the separation or divorce proceedings, the use of the habitual residence may be attributed to his wife, even if it were his.
Hello,
I have a big doubt.
My mother received her inheritance a few days ago and the notary told her that she had to notify the tax authorities of the amount received. This would cost her €220.
Is it mandatory to notify the amount received to the Treasury and do I have to pay for the notification?
Thank you so much!!!
I don't know exactly what you mean. If those 220 euros are taxes, then you will have to pay them. If you are referring to the procedure of filing a tax return with the Treasury, with a fee of 0 euros, it is up to you to pay it, do it yourself or hire another professional.
Sorry, maybe I didn't explain myself well. Is collecting a legitimate inheritance tax-free? Or is there a percentage established by the Treasury that everyone has to pay?
The legitimate inheritance belongs to my father, but since he is incapacitated due to illness, my mother is the legal guardian.
Thanks for your reply.
You have to look at the applicable tax legislation. The legitimate inheritance is subject to inheritance tax like any other acquisition due to death. To calculate this tax, the degree of kinship must be taken into account (in this case, it can only be a son or a father) and some other circumstances. In Catalonia, up to 100,000 euros, in the case of inheritances between parents and children, nothing is paid. If the heir is incapacitated, there is another reduction of 650,000. That is, according to what you tell us, and unless your father has inherited more than 750,000 euros, he should not pay anything.
The best thing you can do is to have everything explained to you. I cannot comment on your case without knowing any details.
All the best
Hello, we are thinking of separating, and we have not yet reached an agreement on the property.
My wife receives a non-contributory pension of 1,150 euros.
I charge 1400.
We have a 20 year old son.
My wife has a room in her mother's house, with her three sisters, inherited from her mother, no one lives there.
I tell her to put it up for sale or that I'll buy her share, she says that I should go rent it.
Our son is now studying abroad and he doesn't care which of us he lives with.
Legally, what can we do with the property?
If there is no agreement, it would have to be a judge who would determine, most likely, by drawing lots.
Good evening, I would like to know if a guarantee can be legally considered a donation in inheritance law…
If a father guarantees his son with his property before the bank to finance his business activity and when the time comes he is forced to sell the property to settle his son's debt that the bank demands, could this operation be considered as a donation computable for the purposes of legitimate inheritance for the legitimate siblings of the father's inheritance?
Thank you so much.
It is a dubious issue. Indeed, it could have been documented (if it has not been done) so that this was the case. The most advisable thing would be to leave a will in this sense.
My daughter's father passed away earlier this year. I want to know if my daughter has the right to claim her inheritance because his family has not contacted her to say whether she was in the will or not.
In principle, yes. Ask for a copy of the will.
My father has passed away in Catalonia, my mother is alive, we are two brothers, he had a current account
with my brother and another with my mother, none with me. Based on your responses, Mr. Prados, I BELIEVE that I am entitled to the legitimate share of 50% of each of the amounts existing in the current accounts on the date of death.
The notary does not have to contact me about my right to the legitimate inheritance if it is the heirs of my mother's will, without being an heir I cannot know the money that belongs to me if my brother and my mother do not tell me, she receives a pension higher than average, the widow's quarter does not belong to her, and burial expenses and the illness from which my father died must be deducted, I have not received donations.
The questions are
Without being an heir, I can know the money in the current accounts because I have the right to the inheritance.
My mother and brother must tell me the branch and bank where they had their current accounts. If they don't, what should I do?
If the notary where the will was made does not have to contact me because I am not an heir, my mother and brother can keep the money from the joint current accounts, without me being able to know which bank and branch the accounts were in, and therefore, since I do not have documents proving the bank where my father had those accounts, I cannot report him.
It is correct that I am entitled to the legitimate share of 50% of the balance as of the date of my father's death.
The Notary does not have to contact you. It is the heirs, and those obliged to pay the inheritance, who must call you, since the inheritance accrues interest until it is paid. As an heir, you can request information from the banks about your father's position at the time of his death, for which they will ask you for a copy of the will, which you can obtain without any problem.
The best thing to do is to try to talk to your brother and mother, and if that doesn't work, contact a lawyer.
I appreciate your response, it clarifies the situation for me, but I still have a doubt about whether the legitimate share of 50% belongs to me, of each of the amounts existing in the current accounts on the day of death, he had a current account with my brother and another with my mother
The legitimate portion is 25% of the inheritance to be distributed among all the children. And the legitimate portion is for each parent (deceased).
My stepmother's last will invalidates me as her heir without any cause... Do I have any right to her legacy? She took me in when I was 9 years old because she married my father... The "took me in" does not appear to me as far as I know about guardianship, parental authority, adoption or similar... but rather, she had two children with my father and left them to them... induced, of course.
I would need to see documentation. It is impossible to answer.
Three years ago my father passed away and my brothers and I signed over to him the part that belonged to us from my father, but from that moment on my brothers turned my mother against me, going so far as to prohibit me from entering a land that is planted with olive trees that I have been cultivating for more than 5 years. I would like to know if I can ask for my father's share again due to ingratitude and considering that he has taken advantage of my good faith, apart from all the assets that I had from my father, he does not let me enjoy any of them. Help
The cause of ingratitude is to revoke the donations. In principle, it is out of your problem. In any case, I do not know what you have signed, but you are within the time limit to claim the legitimate inheritance.
Can the legitimate revocation be due to ingratitude and what would be the deadline to do so?
I don't understand your answer. I gave my mother what belonged to me from my father, but my mother is behaving very badly with me and I want her to give me back what I gave her from my father. Is it possible?
Answering a question like the one you are asking without seeing a piece of paper is very difficult, as you can understand. I have no problem in helping you, but please understand my situation, I may be giving my opinion and making a mistake. Best regards.
thank you
In Catalonia. After my father's death, the inheritance belongs to me, but he had a life insurance policy in which my sister is the beneficiary. Should this insurance be taken into account when calculating the inheritance? Thank you.
Hello,
A question: do I have the right to obtain a copy of the will of a deceased person even if I am not a family member? I asked the notary by phone and they told me no.
I want to obtain it in order to locate the heirs or at least a clue to their whereabouts.
Thank you.
I do not think so.
My husband has passed away and I am his sole heir and our children are the legitimate heirs. My question is whether I can sell my home without my children's permission.
I would like to know who should pay the letter of payment of the legal portion granted before a notary. Thank you.
The normal thing is that he is the heir.
Thank you very much. I appreciate the attention. Regards.
Married with separation of property in Catalonia, 3 children from a previous marriage, my wife 1 child from a previous partner, no children in common. Can the legitimate inheritance be bequeathed, upon the death of each of the spouses, to the 4 children equally? I would not like my wife's son to be left without legitimate inheritance upon my death, and vice versa.
The legitimate inheritance is required by each child from his or her father. It is best for you and your partner to make a will, foreseeing that upon death everything will go to the four of you.
Thank you very much. If I understand correctly, it is about making a will in favor of my wife and when she dies, what is left will go to the children in equal parts (and she will go to me with the same condition).
Hi, I have a paid-off house, my mother lives there with my brother and his son, but I want to leave the house to my boyfriend. Is there any way I can do this?
Of course, you can sell it, donate it or leave it as an inheritance. Each option will have a cost.
First of all, thank you in advance. I'll give you a little background. After my grandfather's death, my grandmother obviously inherited all of her husband's assets (flats, commercial premises, shares). A few months later, she was diagnosed with Alzheimer's and my father asked for a power of attorney to be able to manage the inheritance. The point is that he intends to make a donation to his daughters in payment shortly, since he has been informed that now the 1% would be paid, but that from January this percentage may possibly increase. After signing before a notary, but not before adding a clause in which we would guarantee payment, he wants to form a company but with commercial activity, that is, set up a business. My question is, with the power of attorney could he put it in his name? (I must say that my father has a series of debts), that is, could that donation be made in payment, but instead of to his daughters, to him? In the event that this donation were made effective and we started a commercial activity, would we put the entire estate at risk? Although I imagine that yes. Thank you very much.
His father, with the power of attorney, can link his grandmother's estate. Nothing more.
First of all, thank you. My father passed away three years ago. He had been married to another woman for seven years. He was blind and left a will in her favour, but we were thinking of revoking it because there were no witnesses at the signing. Only the notary and his wife. They told us that it is legal because they read it out loud to them. It says that he is not leaving us children anything because we were not going to visit him. I have telephone bills to his house and to his wife's mobile phone from a year before his death, which proves that there was a contact that his wife denies. Can I ask for the inheritance? My brothers cannot prove it... do we have the right? Thank you.
The proof of the cause of disinheritance corresponds to the heiress. For this reason, they claim the legitimate share and it will be she who will have to prove what the will says.
Good morning, I will explain a case: My father passed away this year. He was married in community property. He made a will in Catalonia when he had Catalan civil domicile. Two years later he moved to live in Andalusia. In this will he appoints his wife as heir, and in her absence, his children. And secondly, he bequeaths what corresponds to his legitimate heirs. My father had been living in Andalusia for more than 20 years. Therefore, is this will valid? Or will the inheritance have to be distributed according to the rules of common law in Andalusia?
Greetings and congratulations on this office.
The will is valid, but it must be executed in accordance with the law governing the succession, which according to what you tell us will be the common law. So the children have the right to 2/3 of the inheritance and the rest would go to the widow, all after liquidation of the community property.
I am legally divorced, I have a 23-year-old daughter with an officially recognized disability of 33% and she lives with me under a court order. What document do I have to make so that when I die my inheritance goes to my daughter and not to her mother (my ex-partner)? Since when I die, as my daughter has a disability and possibly goes to live with her mother, she could enjoy my inheritance, which I would not like.
THANK YOU SO MUCH
A will, providing that the administration of the assets received by your daughter will correspond to another person
Good morning, first of all thank you very much for clarifying the legal doubts that
Good morning, first of all, thank you very much for clarifying the legal questions we raised.
I will explain my case: My father wants to make a will, married under a community property regime. Given that he has a medium-sized estate, mainly in rural properties, and given that he lives in Almería and therefore the succession is in a territory of common law, in order to save inheritance taxes, he intends to do the following:
1/3 of the legitimate share for me, her only daughter.
1/3 of the improvement of the legitimate inheritance, for my daughter, her only granddaughter.
1/3 freely available to my mother, who was once a widow.
My question is: can he leave the third of the improvement of the legitimate inheritance to my daughter, since she is a descendant in a direct line?
Greetings and thanks again. I hope you have a Merry Christmas.
Yes, you can do it, but you should take into account that the taxation depends on the inheritance tax of each Autonomous Community, so a correct approach must be made based on the value of the properties. Ask any fellow notary in Almería, they will surely give you very good service.
Hello, my in-laws made a pure and simple donation to their daughter in 1993. They left a will in 1985 with the 50% inheritance for each child.
My mother-in-law passed away and my husband died 6 months later.
They shared the money from the bank, the apartment where my mother-in-law lived remains, my sister-in-law is asking to sell the apartment to get her 50%. But she says that the land that was donated to her was a gift and has nothing to do with the apartment.
Can my children claim the part of the donation that corresponds to them from their father by demanding 50% of the apartment?
Greetings.
Hello, my question is: can my mother (universal heir) who has inherited my grandmother's apartment evict her brother who lives in said property in order to sell or rent it?
If she is the owner, she will be able to do whatever she wants, respecting the rights that others may have.
Hello, my father passed away two years ago. We were not related but I am his only daughter. I have just seen from a simple note that he donated his flat to a woman he married two months before he died, which meant that he became the usufructuary of the flat and after his death, the flat was in her name. Since the flat was donated, am I entitled to anything?
We would have to see the will to know who the heir is and to know what assets he left behind in order to verify whether there is any harm to his legitimate inheritance.
Thanks for the reply.
And if I am not included in the will, as I am his only daughter, would I not be entitled to anything?
We had an argument just before his death and I didn't expect him to donate his flat. Can't I claim the inheritance? Is it possible that a Colombian girl of my age married him two months before his death and inherits everything?
You CAN CLAIM THE LEGITIMATE
Hi, my father passed away two years ago and since we weren't related, I just found out. I am his only daughter.
I see from a simple note that he has donated the 100% of his flat to a woman he married just before he died. My question is, would I be entitled to anything from that flat?
Hello, my question is the following: my father has left me the legitimate portion that corresponds to me and has named his partner as universal heir. Within the hereditary estate there are shares in various South African and American companies. I believe that they have been undervalued and I would like to challenge the acceptance of the inheritance. Could I file a claim for this? Or should I file a claim requesting a higher amount as legitimate portion and not a new valuation of the shares? Catalan law applies. Thank you very much.
You must claim the inheritance, and it will be in this procedure where the value of the inheritance will have to be made clear.
Good afternoon
My father passed away a couple of years ago, and now some relatives from Galicia are looking for him because there is an uncle of his who died and left an inheritance.
They called my mother and said they would get in touch, but still no word (since the summer)
My father left Galicia when he was little, and I have no further information.
What can I do??
Well, promote a declaration of absence. It would be a judicial file, based on which it can be presumed that your father has died.
Hello, we are three sisters and our father has passed away and in his will he left my sister as the sole heir, my other sister and I each an apartment and a plot of land, everything else, which is not a small amount, and all of it is about €150,000. Do we have a right to the inheritance?
I cannot answer you with that information. You have the right to receive the amount of your inheritance and what they left you does not reach that amount, you can claim the difference.
I inherited a house from my uncle, he has four children, and I am the sole heir. The house is valued at €100,000, has two floors and the lower floor is where my partner lives, who has been given the usufruct for the rest of her life. Do I have to pay them? And if I don't have the cash, do they have to wait for it to be sold? Can I rent the upper part while I'm still alive?
Thanks in advance
I don't know exactly what you're asking, but the inheritances must be paid. And with respect to the usufruct, they must be respected.
Good afternoon! I would like to know if, when receiving a legitimate inheritance, both the recipient and the giver must pay or declare it to the treasury. Thank you.
The one who receives it
Good morning,
I live in Catalonia, I am married and have a son. We own a flat and my husband and I decided to put it in both our names, so that if he were to die it would go to me and if it were the other way around it would go to him. My question is that we have a son and I am afraid that if one of us were to die he would ask for the inheritance, and I would like to know to what extent he has the power to receive it, since he has behaved very badly towards us.
Thank you so much.
Hydrangea.
The only way to avoid paying the inheritance is to disinherit the son, for which there must be a legal cause. The disinheritance must be recorded in the will.
Good morning.
I am my mother's sole heir. My father passed away years ago.
We are two brothers. My brother has not had any kind of relationship with us for 6 years.
I know that in Catalonia the legitimate share is a quarter of the hereditary estate.
Since I am the universal heir, do I also have the right to the legitimate inheritance?
Or on the contrary, is it my brother who obtains the entire quarter of the total inheritance?
Thank you very much for your reply.
Greetings.
The legitimate share is shared by everyone, so that his brother has the right to receive assets worth one eighth of the value of the inheritance.
Thank you so much.
All cleared up.
Greetings
Good afternoon, my grandparents live in Catalonia. My grandfather passed away many years ago and he named my grandmother as his heir. My grandmother has now sold the flat for 50,000 euros and there are 3 children… she has given each child 2,500 euros. What they have done is the following: half of the flat, that is, 25,000, is for my grandmother. So far, everything is fine, but with my grandfather’s share, which should be 25,000 euros for the three children and my grandmother as well, they have divided it between 4 and one of those parts between 3 children…
Please I need to know if this is correct or if half of the apartment that belongs to my grandfather is for the children and in this way more of the amount belongs to him.
thank you
Without seeing a will or any documentation, I cannot answer.
My sister has died, she is single and without descendants, her parents are deceased, we are left with two siblings and she has left everything to one of them.
DO I AS A BROTHER HAVE THE RIGHT TO SOME “LEGITIMATE” INHERITANCE?
Good afternoon:
I would like to make some inquiries (from Catalonia)
A widower with two children leaves only one of them as heir. (The other is entitled to the legitimate share)
If the legitimate share is 25% of the value of the hereditary mass, to be divided among the children, does the heir son get half of the 25%? Or, because he is already the sole heir, does the entire 25% go to the one who keeps the legitimate share?
The value of the property, is it the market value at the date of death or the cadastral value?
If one of the two is disinherited, does the inheritance go to his or her descendants?
My father-in-law has two houses with two mortgages and four children. Two of them want to keep the houses and take care of the mortgages. Do the other two who don't want the house because of the debt have to be given money for it?
Good morning,
I live in Catalonia. My grandmother passed away and changed all her assets during her lifetime to my uncle's name. My father rejected the inheritance while my grandmother was alive. As a granddaughter, can I claim a legitimate inheritance?
Thank you
I would need to see documentation, a will and a waiver document. Without it I cannot answer you.
Hello, if I renounce my inheritance, do I have any tax benefit?
Being the universal heir, I have two brothers who have a small part of the inheritance.
Thank you
Hello good morning. I wanted to ask something. The flat of my husband's grandfather who died more than 30 years ago is still in his name. His two sons have died, one 30 years ago and the other more than 20. Of the first, who had two sons, only one is still alive, I think with offspring but we have not located him, we do not know where he lives. From my deceased mother live his two children, my husband (with offspring) and his brother (also with offspring). My mother-in-law is living in the flat but when she dies we would like to sort out the paperwork. There has been no will from the grandfather or my father-in-law and I do not know about his deceased brother. And we do not know how we can locate my husband's cousin who we believe is still alive. Is there any way to sort it out? We would like to know how to put the flat in my husband's name and what part he belongs to and how to sort it out with the others. Thank you.
It is very complex to answer without seeing documentation. Obviously it can be fixed but it is bold to answer without seeing papers. Greetings and thanks for following us.
Hello, my brothers and my parents left me out of the inheritance... they already distributed their assets while they were alive. Can I claim anything? And should I do it now? And what should I do and where should I go? Thank you very much.
My father passed away 6 years ago, he inherited and my mother and I received the corresponding inheritance, my mother recently made a will.
We are 3 brothers, older, middle and younger.
My mother has distributed her estate and money in legacies to my older brother and me, but she has not left anything to my younger brother.
Once the distribution by legacies has been made in the final part of the will, I appear as the heir of the rest of his assets, which is 0, since everything is already distributed in the legacies.
The question is whether the fact of being an heir can harm me in any way in relation to the payment of the legitimate portion to my younger brother, whether the fact of being an heir only harms me financially or whether it would be better if for the rest of the assets my older brother and I were listed as heirs.
As the will is written, distributed by legacies, who and how will pay the inheritance to my younger brother?
I understand that he should collect 1/4 of all the assets, divided into thirds, since we are 3 siblings.
Greetings and thanks
The legitimate portion must be paid by the heir, but if there are no assets to pay it, the legacies should be reduced.
Good morning,
I guess I must have done something wrong, since the query has been deleted.
We are 3 brothers, the oldest, the middle one, which is me, and the youngest.
My mother has made a will and has named my eldest brother and me, the middle brother, as legatees. She has also named me as heir to the rest of the assets, even though everything has already been distributed in the legacies and there is nothing left.
The youngest has neither a legacy nor an inheritance, but he will have a legitimate share. In this case, the fact of being the heir to the rest of the assets would be detrimental to me. It would be better if my older brother and I were heirs. Who should pay the legitimate share to my younger brother?
I understand that the legitimate share would be 1/3 of 1/4 of everything inherited as legacies and inheritance.
Greetings and thanks
There are many questions, but to be brief we will say that the calculation of the legitimate portion is correct, and that the payment of the legitimate portion corresponds to the heir(s). Depending on the value of the legacies in relation to the total inheritance, many variables may arise, but they are beyond the scope of an answer through a blog. Greetings.
Good afternoon.
My wife, our three children and their brother have received an inheritance from my wife's uncle. He has left a will in which he assigns 1/3 to my wife, 1/3 to my brother-in-law and another 1/3 to my three children (in equal shares). He had two properties worth a total of about €60,000 and accounts worth approximately €28,000.
Taking into account that we are residents in Catalonia, how much should we pay approximately, understanding that there would be variations due to legitimate reasons?
Thank you very much in advance
You will have to pay inheritance taxes if there are children or parents of the deceased person. The cost depends on various factors, including the date of death and the degree of kinship. Approximately, I think it would be around 2400 for his wife and brother-in-law and 2100 for each of his children. In addition, you would have to calculate the municipal capital gains tax. In any case, this is not a legal opinion, so if you want a well-founded opinion, we should see documentation, for which do not hesitate to contact us.
Hello, I'll explain my case. My mother died when I was 19, leaving me an orphan when I was 6 months old and recognized as a single mother, of course. I have never asked for any kind of orphan's aid or anything. I am 27 years old today. Is there any possibility... since my mother did not contribute anything? Poor thing, she left when she was 19 years old and this happened in the year 1989?
Unfortunately I cannot answer that question. It is best to ask your social security office. You may be entitled to a non-contributory pension.
Good afternoon.
My father passed away 1 year ago. We are 2 daughters from his first marriage (me and my sister). One day he decided to change his life, found a new girl and left us in the lurch. He never bothered to pay us child support and had another daughter with his second wife. My mother (a very family-oriented woman) has been paying for the 2 children who belonged to her family for 33 years (if it hadn't been that way they wouldn't exist anymore). Among them are my grandparents and my uncles. He and his wife knew that they existed but they never wanted to take responsibility for them.
When he opened the will, he left the daughter from his second marriage as his sole heir, and that's where the problems begin. We accepted the inheritance and at no time did the two children appear as property. It seems like they have to give us money, they don't like that anymore and they make our lives impossible. Now they have gone to the town hall because they want to change the name of the owners of the cemetery (the last owner was my father's mother). It seems unfair to us that we have been paying for 33 years and now they are taking it away from us.
My question is: If they were not listed in the legal document, are we owners, even if only in a small part? Do they have to ask us for authorization to carry out any procedure?
Forgive me for going on at such length, but for the sake of dignity I cannot accept it.
Thank you so much
The legitimate share is calculated on the total value of the inheritance.
Good afternoon,
My mother sold a property she owned about twelve years ago. She put the money into an account in her and her brother's name. That brother took the money out and put it in a safe in their house, with her consent. When my mother dies, that brother will have the money as he wishes. Do I as a son have any rights to that money or should I give it up as lost? Thank you.
You have a right to the money, but the problem is the proof that it all belonged to your mother.
My grandparents died and the inheritance has not been resolved. My uncle compromised the property and put it in the name of his grandmother and now an aunt wants to divide the house after not paying the previous sale. Can he make a claim?
I don't understand the question.
My grandfather died approximately 50 years ago, leaving my aunt as an heir. My father did not claim his inheritance. My father and my aunt, the only two children of my grandfather, have already passed away and my cousins have accepted the inheritance, meaning that this acceptance has been made in less than 10 years.
It is possible to make some kind of claim for the legitimate
I don't think so, but it's always difficult to form an opinion without seeing documentation.
If you own a flat with 50% ownership and a brother, and he leaves his son an heir, but leaves me half of his share in usufruct. If his son dies before me, he leaves me his share. If he is unable to pay the taxes due to lack of income, would the town hall keep said half? If I am the owner of half of the flat and the usufructuary of the other half, could they force me to leave the flat? Or would they have to wait until I die? Thank you very much.
Being the owner of half of the apartment and usufructuary of the other half, no one can force her to leave the apartment.
I forgot to mention that the apartment is the habitual residence of both of them and is in Terrassa (Barcelona)
Hello, I went to ask for a copy of my grandfather's will and it says that he disinherits his only daughter and leaves everything to his three grandchildren. My mother sold everything and my brothers say that they don't know and that they haven't received anything. They say that my grandfather made a donation while he was alive after making his will... when he made his will, I hadn't been born and my name isn't in the will, but one of my sisters who is there died and they gave me a copy of the will. If I don't appear, they shouldn't have given it to me. How is this possible or how can I know if they are lying to me? Regards.
This is a very complex question to answer in this way. Please consult a notary in your area.
By the way, my grandfather sought refuge under the Navarrese or Bizkaia foral order to disinherit her.
I am legally divorced, I have a 23-year-old daughter with an officially recognized disability of 33% and she lives with me under a court order. What document do I have to make so that when I die my inheritance goes to my daughter and not to her mother (my ex-partner)? Since when I die, as my daughter has a disability and possibly goes to live with her mother, she could enjoy my inheritance, which I would not like.
THANK YOU SO MUCH
You should make a will, including some special clauses, which I believe should include: the appointment of an administrator for the assets that your daughter may receive, the appointment of an executor, with the aim of delivering the assets to your daughter and perhaps also the appointment of a guardian.
Hello, we have made part of the inheritance of an aunt of my father, specifically two houses that have already been distributed. Two properties are no longer there, with which we had doubts and others that have disappeared, that is, stolen from her husband's nephews. The marriage had no descendants. The case is that when I told the notary he told me that since it was bought by the marriage, it would be fifty-fifty and I would have to take it to a lawyer. I have consulted the lawyer and he tells me that there are no deeds or anything and it would be very expensive and of dubious clarity to check it. My question is could I go back to the notary and resolve these properties again, if the first inheritance has already been resolved with the houses and make one with the two properties that remain. I hope for your answer and help. Greetings.
Of course you can make a complement. It's called inheritance addition.
Thank you very much Luis, for your prompt response. Happy Saturday, a hug.
Hello, my father passed away 4 months ago and in his will he left everything to my mother and my sister as her sole heir when my mother is gone. I would like to know if I can claim my inheritance now or if I have to wait until my mother is gone.
Thank you
Hello, I would like to know if, in the case of a donation of a property to a third party, that is, to none of the legal heirs, all the belongings (furniture, electrical appliances, paintings, jewellery, sound equipment, computers, cameras, TVs and clothes) that are inside the property at the time of the donor's death, since the donation had been made but with a usufruct clause, belong to the donee or to the legal heirs.
Thank you so much
Sorry, but I don't understand the question. I don't know if you are referring to a donation or a will. If there was a donation, there was a transfer of property during life, but not with a will.
Hello, good morning. My question is the following, my mother passed away recently, we are 5 siblings, but my mother had always lived with my brother and my sister-in-law, my mother did not make a will and my question is the following, I do not want anything that she could have, what should I do to renounce it. Thank you very much. Haa we are in Catalonia, they went to live in Huelva, and she was buried in Catalonia, as was her wish.
You cannot renounce your inheritance during your lifetime.
Good afternoon
I live in Catalonia and my question is:
When my father died, I renounced my inheritance so that I could leave more money to my mother, but my mother died shortly after.
My mother has left my brother as universal usufructuary and I am the heir.
Can I claim the legitimate right once I have renounced it or is there no remedy?
thank you
The resignation is irrevocable.
Good afternoon,
I have several questions regarding my parents' inheritance. My parents made some donations during their lifetime, one to my brother and the deed of donation stated that it was not collatable to the inheritance. I believe that it is collatable. Also, there are some assets in Andorra that were not taken into account to calculate the legitimate portion. Now I am thinking of filing an action to add assets to the inheritance. The problem is that one of the donations was made in 1996 and I am afraid that it will expire by prescription. I do not know about the other, because I have to obtain evidence, given that they are in Andorra and it is not being easy. My questions are the following:
1- Can I file a claim for the addition of assets of the donated property in Catalonia and at the same time, request the court to obtain evidence abroad, what they call a ROGATORY commission, or otherwise do I have to request it in another procedure?
2- How can I add the assets that exist in Catalonia and Andorra (proof of which I do not yet have) that have not been taken into account for the calculation of the legitimate inheritance?, taking into account that I must file a claim for the 1996 donation, and thus interrupt the period of acquisition by adverse possession (20 years)
The question is too complex to answer on the blog and I think you are confusing some concept. In any case, it is a question of numbers and deadlines, but I think that prescription has no application to what you are telling me.
A year ago I accepted my uncle's inheritance and paid the corresponding taxes. Now, a year later, a son of whom we had no record appears and asks me for his inheritance. Naturally, I do not refuse to give it to him, but I do not have the money to pay and he has told me that he is going to sue me. From what I inherited there was an apartment in which I am living. I can sell it and when the sentence is issued, I can pay him what he is owed with that money. The apartment is already in my name. Can I sell it? Or will they accuse me of concealing assets?
I am an heir under my mother's will, but my brother is the sole usufructuary. My question is: in whose name should the money in the banks go? To mine, or to my brother who is the usufructuary?
My mother passed away 16 years ago and when she passed away she had 3 heirs. She renounced her father's inheritance, collecting the legitimate portion and leaving my grandmother as the owner and mistress of everything. She passed away 3 months ago and to our surprise my grandmother modified the will 3 years ago in which she only named me and my sister as heirs since my brother passed away 7 years ago and to our surprise we are only entitled to the legitimate portion. Is that possible? When do they have to pay us the legitimate portion? Thank you.
In Catalonia, my parents are in a community property regime, they made a will for each other and if there are two children left, for the children, which is 2 of us… I wonder, when one is missing, how is that inheritance distributed? They made a donation to me 7 years ago that was established to be called up, and it will be done in each of the wills when the time comes, but nowhere does it say that it is imputed to the legitimate share. What will it be imputed to? With that donation I bought a flat and now I am afraid, in case they gave me more than what corresponds to me from the legitimate share or from whatever part it is, I am afraid that I may have to pay my mother or my brother so that they receive what is due to them by law, because they told me about an act of reduction that I do not know if it is done here. Do I have to fear for the house? Thank you very much.
Good morning Luis, my parents have Aragonese civil domicile but have lived in Catalonia for 40 years. In a deed of sale from twenty years ago, when they were already living in Catalonia, it is stated that both have an Aragonese marital regime. The question is, when one of them dies, which inheritance regime will be applicable, the Aragonese or the Catalan one? Since for the purposes of legitimate inheritance it is different...taking into account that I, an only child, was born and have always lived in Catalonia.
Thank you.
My mother passed away and in her will she named me as the sole heir because I was taking care of my legitimate brother, leaving him a house of approximately the same value as the house she left me. However, my brother is asking me to account for the expenses I have made with my mother, accusing me of misappropriation. I had a general power of attorney with her assets from my mother. She has the right to ask me to account for her when she has not cared about how my mother was doing. Now she refuses to sign and go to the Notary.
Well, legally, it may be debatable. You should settle accounts with the heir, who in this case is yourself. Without seeing the will, I do not know your brother's position. In any case, I always like to warn when a power of attorney of the type you had is made, of the convenience of keeping documentation of what has been done.
The marital regime can only be changed by agreement in marriage articles, unlike the law of succession which depends on civil neighbourhood, which can change. From what you say, it is very possible that your parents are subject to the Aragonese marital regime and that their succession is governed by Catalan law, which is very common.
Hello. My father had 6 siblings. My grandparents had a house valued at 165,000 euros and it was in the name of both grandparents. My father is the heir to half of the house along with his 5 sisters, but my grandmother did not leave him any legitimate share of her part of the house. My father passed away 3 years ago. Can my brother and I claim the legitimate share of half of the house? And how much would it be? This is in Mallorca. Thank you.
The calculation of the legitimate share is a purely numerical question, for which it is necessary to know the value of the inheritance. On the other hand, the legitimate shares depend on the law of the deceased person and what his or her will says. For this reason, it is impossible for me to answer you and you must take into account that the blog entry is applicable to the law of Catalonia. It is best that you consult a Notary in your area.
I have a daughter born out of wedlock, I registered her as her husband's daughter, but after a few years, the biological father recognized her as his daughter, and the record has a note in the registry in which the judge agreed to change the girl's surnames. Later, after 15 years, the relationship cooled, he was also married, and he chose to continue living with his wife and his two children from his marriage. Several years have passed without seeing his daughter, and a few months ago her father passed away. Are we going to ask for his last wishes, in case his daughter is not named as heir, or that due to her age (91 years), they have been able to arrange things to take the assets and give them to the legal children, if so. What do we do, and how do I find out what assets he had, since when we lived together he had several properties.
This is a very long and tricky question to answer online. Please make an appointment, either with us or with another professional.
My mother died on 02/16/16. There are three of us siblings and none of us spoke to her, but a short time before, my oldest sister found out that our mother was very ill and without telling the other siblings she went to see her and made peace with her. Our father is still alive and has always lived with my mother. How can I find out what the will says? Is there any legal procedure? Can they take away my inheritance?
Thank you
With the death certificate, you can request the last will and testament from any notary, a document containing your mother's last testament. As a child, you can request a copy of the will, if there is one, from the Notary who has it. If you need help, please contact us.
My brother and I have been disinherited, we have appealed to the courts and we have lost, we live in Catalonia.
Can our children ask for the legitimate inheritance from the universal heirs? Do they have a chance of winning the legitimate inheritance?
Thank you, greetings
In principle yes, but as you can imagine, giving an opinion without seeing documentation is very risky. What is certain is that the children of the disinherited have the right to the legitimate inheritance.
Hello, good morning Luis, my question is the following: When does the legitimacy start to accrue interest? And how do they communicate this? By letter? Telephone call?
From death until payment, unless the will states otherwise.
I understand that previously, in Catalonia, the right to claim the legitimate inheritance did not expire after 10 years but later, although when the law changed I believe that something was established in relation to this right and its prescription for deaths prior to the new law. My specific doubt is that if the deceased died in 2004 and the legitimate heir has not yet claimed the legitimate inheritance, when does the right to do so expire or expire? Thank you very much.
In your case it is twenty years. I attach this entry from my blog
https://www.notarialuisprados.com/los-plazos-de-las-herencias/
Sorry15 years
Good afternoon, I would appreciate it if you could clarify the following question for me: if a person is to receive a legacy and the heirs refuse to pay the notary fees for accepting the inheritance and delivering the legacy, who should assume these costs in this case?
Sincerely, I send you my warmest regards.
We must know that the applicable law, if it is the Catalan law that is applicable, we must start from article 427-18 CCCat which says
3. The expenses incurred in fulfilling the legacy shall be borne by the person burdened. The expenses incurred in formalizing the legacy, if applicable, shall be borne by the legatee.
Accordingly, the costs of the delivery deed, the tax costs and the registration costs will be borne by the legatee.
My grandparents died without leaving a will and the house could not be sold until my grandmother's brother also died. Now my parents have also died. Is there any truth in Catalan law that my father, as the eldest son, should be the sole heir, before his two sisters, and in this case me, because my father has died?
If a person dies without a will, the heirs are the children in equal parts, and in their absence, successively, the grandchildren, spouse, siblings, nephews and cousins. There is NO preference for being the eldest child.
First of all, thank you for the opportunity that you have given us on this page to resolve our doubts regarding this very thorny issue. I have 3 sisters. At the time of my father's death, I did not claim my inheritance because the only important asset was the house in my parents' home and he did not want to put my mother in a difficult position. Now my mother has passed away and it turns out that the 4 children are the universal heirs. However, she has left the usufruct to one of my sisters and when it comes time to sell, she wants to divide the sale of the house into parts that are not proportional to the value of the total usufruct of the house. Can I now claim my father's inheritance so that this higher percentage does not benefit my sister so much?
The legitimate inheritance must be received free of encumbrances. Perhaps the usufruct should be reduced to approximately 3/4 of the property, but that does not solve much either.
I have a widowed aunt without children. I don't know if she has made a will, but I would like to know who has the right to receive the inheritance: her brothers or her nephews. We live in Catalonia. Thank you.
Only children and parents have legitimate rights. If your uncle has neither children nor parents, in the absence of a will, the heirs will be brothers, nephews and cousins, in preferential order.
Good morning, thank you for your time. I have a question: I want my wife to be the sole heir of my assets and I have two children. I know that one of them will surely claim the inheritance from my wife, in the event of my death. To save paperwork, if I bequeath to this child a property whose value is approximately that of the inheritance, would he not be able to claim anything else?
Yes, but ultimately it will be a question of numbers and whether that property covers the inheritance, the amount of which will not be known until you are gone.
We are married and we have made a will, if one is missing it will go to the other. We have 3 children, we lived in Catalonia, if the children claim the inheritance, whoever is left will have to sell the apartment he lives in to pay the inheritance. Or is there another solution?
There would be other solutions.
Good morning. My mother passed away 5 years ago, and my father became the heir. Since my brother passed away, I am the only daughter. The assets amount to €350,000. How much is my share in the inheritance? In Catalonia.
If you don't have nephews, a quarter; if you do, an eighth.
My parents lived separately for at least 20 years before my parents' death but they never separated legally and divorced only 10 months before my father died.
My parents had made an inheritance agreement in favor of their children on some properties that were joint property of the marriage until the time of the divorce, which occurred 10 months before my father's death. They had never been legally separated.
After his death, his children received communication of his last will, which he had made 5 years before he died, and therefore the will does not reflect the succession agreement.
In this will, he makes his children heirs of his share (50%) of the properties included in the subsequent succession agreement) and of another complete property (not included in the succession agreement) but which, evidently, was joint property.
When the notary called us to sign the acceptance of the inheritance, he informed us that, in addition to the properties in the inheritance agreement, there was another property acquired by my father that was joint property, although the sales document falsely or mistakenly stated that he was legally separated, making me and my siblings heirs.
Can it be explained that in a sales document before a notary, the buyer does not have to document his marital status in this case legally separated as stated?
How can this error be corrected, which affects the interests of my mother, owner of 50% of said property? Because the joint property ended only as a result of her divorce, which occurred after the acquisition of the said property. And no division of joint property appears in the divorce decree?
When my mother passed away, she left me as the sole heir to another sister, the legitimate one, since I had been the caregiver, having general power of attorney. Now my sister accepts the inheritance with the benefit of inventory, which is detrimental to me, and I can accept what corresponds to me without having any more problems.
Excuse me but I don't understand the question.
Good afternoon. First of all, I would like to thank you for your extraordinary generosity. My husband passed away in January of this year in Catalonia and in his will he names me, his wife, as heir. We have a son together who is 30 years old, single and without children. In the event that my son now does not accept his father's inheritance and dies without claiming it, would his spouse be entitled to it if he was married at the time? Or if he had children, would his children be entitled to it? Or if he had made a will, would the heirs designated by him in the will be the ones who could claim the father's inheritance? And if he had not made a will? Thank you very much for your time and dedication.
As the entry says, “The right to receive the legitimate share is transmitted to the heirs of the legitimate heir, except in the case of the legitimate share of the parents, which is extinguished if they die without having claimed it judicially or by notarial request after the death of the deceased child.”
If your child does not claim the inheritance, his right is passed on to his heirs, who may or may not be the spouse, depending on whether or not he makes a will. The spouse will be an heir if designated in a will or if there is no will due to the lack of children of the marriage. Best regards.
Hello, My father has passed away and in his will he has declared me the sole heir and has disinherited my brother and his descendants (he doesn't even know them and he hadn't had any dealings with my brother for 30 years). He has only left a property that was his habitual residence.
Since I am the only heir, do I have to carry out the division? Or what procedure must be followed to be able to register the property in my name in the property registry apart from paying the inheritance tax and the municipal capital gains tax.
Thank you and best regards,
HELLO, GOOD AFTERNOON, THEY WANT TO LEAVE ME AN APARTMENT AS AN INHERITANCE HERE IN CATALONIA. I WOULD LIKE TO KNOW HOW MUCH I HAVE TO PAY THE TAXES. THE LADY HAS A BROTHER AND A NIECE, BUT SHE HAS ABANDONED HER AND SHE WANTS TO LEAVE IT TO ME. PLEASE TELL ME SOMETHING.
It will depend on the value of the house, but if you are not a family member, I don't think it will be less than 15% of the value of the house.
Good afternoon,
I am the sole heir of everything my father owns. My question is... can I claim part of the value of the inheritance or an estimate of the value that belongs to me... before my father's death? I have a big financial problem and I would like to know if I have that right.
Thank you so much.
What can be done is that in exchange for a donation he waives the supplement for his legitimate inheritance. But I don't think he has a way to demand an advance.
My father passed away in 1998 and my grandmother passed away yesterday, March 29th. It has been about 10 years since the family has shown any interest in knowing about me, except for an aunt. Yesterday, all of my father's sisters agreed to make a pact not to tell me that my grandmother had passed away. I don't know if it was due to inheritance or any other circumstance. I have every right to ask for my inheritance and I plan to ask for it and demand it because it belongs to me. What steps should I follow?
The first thing is to know what the will says, for which you should request a certificate of last wills. With this certificate you can request a copy of the will.
My mother passed away in Catalonia and has lived in Catalonia for the last 40 years. She passed away in 2014.
We are 7 siblings, he has left 6 heirs and the 7th has been left with the legitimate share. The value of the inheritance according to the acceptance and partition deed is €147,500.00. How much of the legitimate share is due to me?
Thank you very much for your help.
approximately 5200 euros.
Good afternoon Mr. Prados.
We appreciate all the information provided on your page, which is of great help to people who lack legal knowledge regarding inheritances. My question is the following:
Currently, my parents have a will granted to each other, and my brother and I are also listed as heirs at 50%. We live in Catalonia. They own a flat (main residence) at 50% in this community, and a house in Albacete (inherited from my maternal grandfather) which I do not remember now if it was registered at the time in my mother's name (as heir) or if it is jointly owned by both of them.
In the near future, we are going to process the incapacity of my father (due to vascular dementia associated with his age), and my brother fully agrees that I should be the one to exercise the “curatorship”.
Following his divorce (very complicated, by the way) and to prevent my ex-sister-in-law from “bleeding” him more than she is already doing, he has decided to renounce both the inheritance and the legitimate inheritance (while my parents are alive, or once they die) and that I should be the sole heir of my parents. At the time, he, in his will, has left me as well as other relatives as heirs, not denying him at all the part that corresponds to his children (with whom he has no relationship at present due to Parental Alienation Syndrome).
My brother wants my ex-sister-in-law and my nephews to be unable to claim anything when my parents die, and to inherit as little as possible when he dies (only the inheritance that corresponds to them).
I imagine that all this can be done through a will, if my parents, my brother and I agree, right?
What we need is guidance on whether, in some way, once the corresponding wills are made, they can be challenged in some way by my ex-sister-in-law and my nephews and they can claim something, once my parents have passed away and my brother has renounced everything that corresponds to him (alive or dead), leaving me (as the sole heir of my parents) and me and other relatives (some of our first cousins) in the case of my brother's will.
I hope the presentation was not too complicated, and we appreciate your response in advance.
Greetings
Hello, I am from Catalonia. My question is this: my father died more than 10 years ago. My mother is left, and we are 3 siblings. She has a house and had money in the bank that my brothers have already shared without taking me into account. Now my sister has taken her to live with her to sell the house and share the money with my brother, turning my mother against me. My parents made a will that when one of them was gone, whatever was left would go to the other. Now that I have been left out of the clan, can I ask for something from my father? Can my mother disinherit me without reason? My fear is that if they sell the house, they will share my mother's money while she is alive and I will not be able to claim anything? Thank you very much.
Hello. First of all, thank you for your work. My question is preventive. It turns out that a few years ago I had to go live abroad. During this time I have not been able to visit my parents often. Despite this, there has always been a good relationship and I often talk to my mother on the Internet. But a little over a year ago my father changed his will and made one of my three brothers, with whom he has a closer relationship, the universal heir. And leaving my mother out of it as well. Obviously the legitimate portion remains, but my concern is whether they can leave me without it because they claim abandonment. Could this be justified? And how do I claim a legitimate portion? That is, how do I know which notary I have to go to and what the real amount of my legitimate portion is, if the heir does not cooperate.
Thanks in advance.
You can only be left without a legitimate inheritance if it is stated in the will, alleging cause for disinheritance. In the event that you do not agree, the proof of the cause corresponds to the heir. Regarding the way to find out the assets of the inheritance, in the case of real estate it is relatively simple, as well as money, you just have to consult the banks and property registries.
All the best
You can always claim the legitimate share, if it has not expired, for which it would be necessary to analyze dates and wills.
good afternoon.
The father will die in 2012, he will leave a will in which he will deixava universal hereu to one of the fills granting to the others the legitimate one, it will be necessary to appoint an advocate, for the steps that are appropriate to claim it, since the hereu refuses, We will go to court, and will sort out absolutely, and will only pay the costs, For the advocat to begin again, the first question is, what is not going to happen?
Hello, I wanted to ask you, when requesting the legitimate share in Catalonia due to the death of my father, the house was at 50 % each, would the calculation of the legitimate share be on the 50 % of the house or on the total?
thanks for everything
Good morning,
It will be 5 years since my mother died, leaving my father as heir. We live in Tarragona (Catalonia).
Shortly after, my father got together with a woman and we didn't talk.
We are 4 siblings, my sister claimed her inheritance a few years ago. Is there a maximum period to claim my inheritance? Is it true that it is only a period of 5 years as I was told? How should I go about claiming it? And how is it calculated?
I would be very grateful if you could answer these questions for me.
Receive a cordial greeting.
The claim period is 10 years for deaths that occurred since 2009. The calculation is based on the value of the inheritance. You make a claim to the heir, in this way the payment is interrupted and starts counting 10 years again. But if you do not pay voluntarily, you will have to go through a lawyer.
a legitimate claim has been made:
In the response to the claim, they agree and offer payment through assets of the inheritance. Must they be free of all charges and encumbrances (including mortgages)?
the value should be at the time it was offered?
The value is a matter of agreement, but what you receive must be worth and equal to your inheritance. That is, based on the date of death, the assets you receive must have sufficient value at the time of payment.
Good afternoon:
I wanted to ask this question; My in-laws had made a will leaving each other the house they owned and where the widow lives and which was in 50%, my father-in-law died and 50% was left for the widow and the other 50% for the four children of the marriage. Now my mother-in-law wants to make a will, and she wants to make her daughter an heir, because she considers that she is the only one who cares for her and she wants to reward her for that with respect to the other children. I must say that my mother-in-law has a house in a town in Andalusia from her family and it is in her name at 100%, which she also, in this case, wants to bequeath to her daughter.
The question is: Apart from paying the legitimate share to his brothers for the 50% of his mother, do the brothers have the right to claim for the house in Andalusia?
Thanks and best regards.
The legitimate portion is calculated based on the entire value of the inheritance.
Good afternoon,
In 2009 my father died, leaving my mother as sole heir. Two of the four brothers renounced their inheritance. The other two neither accepted it nor renounced it.
My question is: Until when can my mother claim her inheritance? Does my mother have to pay interest on that inheritance if it is claimed? If my mother were to die before it was claimed and the statute of limitations had not expired, should my mother's future heirs be responsible for paying both inheritances?
Thank you very much and best regards.
The period for claiming legitimate shares for deaths after 1 January 2009 is 10 years. I answer the other questions affirmatively, that is, it accrues interest, unless the testator has excluded it, and the right to claim it, as well as the right to pay it, is transferred to the heirs. The only exception is when the parents are legitimate heirs, who if they die without having claimed it, it is extinguished, but that is not your case.
Good morning, my mother passed away in 1997. In 2000 my brother and I became heirs and we made the deeds of inheritance before a notary. Our grandfather, the father of our mother, passed away on December 18, 2015, leaving a will. My question is, could our grandfather have taken away our right to our mother's inheritance because we had no relationship with him for years? In his last days of life, my brother and I went to see him several times. In the event that our inheritance had been taken away, can we legally claim said inheritance, having photos of the last days of our grandfather's life. Thank you.
The first thing you have to check is whether you have been disinherited in your grandfather's will. If this is the case, and you claim the inheritance, the burden of proof of the cause of disinheritance is not on you, but on the heirs.
Thanks for answering so quickly
Today we went to the notary to request a copy of the will and to our surprise they told us that it was a complicated matter and that they had to study whether we had the right to a copy. Could the reason be that we have been disinherited?
I can't value the work of others.
Good afternoon, my father passed away almost 14 years ago, leaving my sister the sole heir (there are five of us siblings). 4 years later an unexpected inheritance arrived and my sister has only given us her legitimate share. Now we want her to give us the legitimate share of the flat that she inherited from my parents 14 years ago and that until now nothing has been done because she said she didn't have the money to give us. Can we claim anything from her for the years she has been living in the flat without paying anything? Would the value of the flat be the current one or the one it was 14 years ago? Thank you in advance.
Without specific data, such as date of death, will and assets of the inheritance, it is not possible to answer. Currently, the limitation period for claiming the legitimate share is 10 years, but it applies to deaths that occurred after January 1, 2009. Before, the period was twenty years, which I imagine would be yours. But I can tell you little more.
His death occurred 14 years ago, and in his will he left one of his five children the sole heir of the only thing he had at the time, a small apartment. This sister has always made excuses for not registering the apartment in her name and paying her brothers the share of the inheritance that corresponded to us, so the will was opened but the acceptance of the inheritance was never signed until today.
Well, what you should do is claim the legitimate share in order to stop the limitation period. The best way would be through a notarial request.
When the inheritance is processed due to the death of a spouse, settling the inheritance tax, what happens or rather, what is the tax treatment of the fact that someone claims the payment of the legitimate portion after a couple of years?
For example, the legitimate heir receives 20,000 euros.
What does the heir have to declare regarding the payment of 20,000 euros he has made?
Is there any impact on his income or will he have to go to the office where he paid the inheritance tax to get a refund of the tax he paid on those 20,000 euros - given that this amount corresponds to the legitimate heir and not to him?
Thank you.
The payment of the legitimate portion is a debt for the heir who pays it, and therefore it should be deducted from the inheritance, making a supplementary settlement if necessary.
Hello,
My grandfather passed away and left his wife, my grandmother, as sole heir and his daughter, my mother, has the legitimate share. What can I do legally when I supported my mother for a loan and she has not paid it and I am seized and she is not responsible? What can I do?
Thank you so much
Inheritance and collateral are different issues, but perhaps with the assets your mother receives from the inheritance, she can settle the debt she has with you for having paid the bank.
My mother passed away 5 years ago and everything went to my father, who is still alive. I have 3 more sisters, one of whom was disinherited by a notary during my mother's lifetime. My current relationship with my father and my sisters is non-existent. I have serious suspicions that cash and certain properties are being distributed between them during my father's lifetime. Can I claim my mother's half share? On what value would it be calculated, what there was at the time of my mother's death or what there is at the time of claiming it now?
In principle, yes, and the term is 10 years from the date of death, with the values existing on that date.
An unemployed person who accepts an inheritance must accept the obligations towards the creditors. In the case of wanting to request the inheritance, is there any inconvenience to being unemployed or would I have to pay for it with the inheritance received? Is not going to the funeral of the deceased, due to family disagreements, considered a lack of relationship?
Thank you
My father, in his will, which he made 5 years before he died, left all his bank accounts and products to the woman he lived with as heir.
The notary we went to told us what was owed to us, after having seen the will and investigating the belongings my father had at the time of his death. Who has to pay us the inheritance?
How can we claim it back? Are the notary and the lawyer of the lady who inherited his banking assets the ones who inform us of the obligation to pay the inheritance to the children of the deceased? Is it collected through transfers from the banking entities where the deceased had his assets?
The heir must pay it. If he does not do so, interest accrues until payment is made. The most reasonable thing to do is to make a request for payment.
Dear Mr. Prados,
In a will where there are legacies in favor of children (and it is not specified that the legacy is on account of the legitimate share), is the value of these legacies deducted from the legitimate share? Or does the heir have the right to the legacy and additionally what corresponds to him from the legitimate share?
Thank you so much,
Sincerely
My sister and I have inherited 3 properties from my father, and he has left two other sisters the corresponding legitimate portion that he expressly requests be paid in cash, and my mother (his wife) the usufruct of these 3 properties. The question is; when should we pay the legitimate portion to my 2 sisters? When we accept the inheritance or when we dispose of the inherited assets?
Hello. I have 4 children from previous marriages. I am getting married for the third time. Apartment in my name, 50,000 euro credit.
1- If I make a will, does the inheritance of 25%4 apply?
2- My wife is the usufructuary of the inheritance and “freezes” the legitimate portion while she is alive?
Hello and thank you in advance for your reply. I own a flat, my current husband is not the father of my children. If I make a will leaving my children whatever I decide, do I have to leave them at least the legal share? Can my husband stay in the house? For how long?
The answer depends on the applicable law, and if it is Catalan, it must take into account that the widower has no right to a legitimate inheritance.
The only rights that may correspond to you by law (that is, if you do not leave anything in your will) can be found in this blog entry.
https://www.notarialuisprados.com/que-derechos-tengo-si-quedo-viuda-o-viudo/
If a will is made in favor of the children... does it replace the legitimate inheritance?
How do you leave the apartment in usufruct to one of the spouses if the other dies, taking into account that the legitimate inheritance is in favor of the children? In this sense, is the legal term "full ownership" (over an asset such as real estate) synonymous with usufruct?
Thank you for your response
To leave the usufruct, it is necessary to state it in the will and effectively the appointment of heir is based on the legitimate portion. On the other hand, the legitimate portion must be collected free of charges, but that is a question of the value of the inheritance and agreement or not between the parties.
In which provision is it stated that the renunciation of the legitimate inheritance IN CATALONIA must be recorded in a public deed before a Notary?
In none.
Thanks a lot.
Could Article 1,008 of the Civil Code be applied?
If Catalan law is applied to the succession, the Catalan inheritance code applies, which in this matter differs slightly as a result of the fact that the voluntary jurisdiction law has modified 1008 CC but not the equivalent article of the Catalan CC.
Thanks again
My father passed away in November of last year. He named me, his only daughter, as heir to all his assets and my mother as usufructuary of all of them.
My mother, on this basis, refuses to give me a single cent. My question is, am I now entitled to a quarter of the money deposited in the bank? Who is to appear and in what capacity in the bank accounts of which, until now, my parents were joint owners?
Thank you.
You will have to talk to your mother and come to an agreement with her. The usufruct of money is very difficult to execute, since you are the owner but you cannot spend it, since your mother is entitled to the profits. The best thing would be to divide it up, according to the rules for calculating usufruct, and taking into account that half of it already belongs to your mother.
Good morning, my mother-in-law had an estate which she left as inheritance to her 5 children in DIFFERENT parts. My question is, is there equal inheritance for all the children even if they own the properties?
She was born in Cadiz, married in Cadiz and has lived in Barcelona since about 1965.
The legitimate portion is a minimum amount to be received, but it may not be the same for everyone. The important thing is that what is received covers the amount of the legitimate portion.
Thank you
Hello, my husband was from Barcelona, I am Mexican, he was divorced in 2009 but separated for 9 years. I was a widow, we used to spend Christmas and New Year's in my country, unfortunately he had an accident when he fell from an aluminum ladder and died a month after the operation, his husband had two children, his daughter came to Mexico for the funeral and when I was in the civil registry here they did not allow her to put the marital address that we had there, arguing that her brother and she would have a problem and I agreed to do it as she wanted, he was in Barcelona and I was in Mexico. While at the international airport to take the flight, she got angry because one of my daughters, accompanied by a friend, was going to Barcelona from Canada and she said that they would not allow her to go to her father's house because a 22-year-old grandson was there and she took my husband's ashes from me. She never let me take them and I stayed in Mexico. I have lived with my husband since 2009 and in 2011 we got married in Barcelona. He told me that he had shares in La Caixa and I knew that the apartment he had was for his children. The day his daughter arrived at the funeral, I gave him the bank cards that he had and the passport. I don't know what rights I have because I could not travel anymore since I am a 70-year-old person with high blood pressure and my husband was the only thing I had in that country. Please be very kind if you can guide me or inform me of something to which I have rights. Thank you.
The first thing you need to do is find out if your husband left a will. Without that, you can't even give an opinion.
Good afternoon. My uncle, who is older, says that he has taken away the legitimate inheritance from his children due to the lack of family ties and has named his wife as heir, but if something happens to his wife, he has named the same children as substitute heirs. Is the will valid like this? Or does it contradict itself?
Thank you.
It is difficult to answer without seeing the will, but it should always be interpreted, in case of doubt, so that it is valid, what is called the principle of “favor testamenti”
Yes, I know that he left a will on the apartment but not on the shares or accounts he had. Thanks.
Good morning; the assumption is the following. The testator bequeaths to his two daughters the amount or portion of assets that Catalan law attributes to them as legitimate, he bequeaths to his wife the usufruct of the rest of the assets of the inheritance and finally he appoints one of the daughters as universal heir, but substitutes her in trust for his niece. He prohibits the trebelian detraction. The legitimate daughter not appointed as universal heir renounces. The inheritance is accepted by the widow and by the universal heir, and the assets are awarded in usufruct to the widow and in bare ownership, with the substitution imposed by the deceased, to the daughter appointed as universal heir. It turns out that there is only one real estate in the inheritance. When the fiduciary dies, in the deed of purification of the trust by the niece it is stated that said real estate is only encumbered by said trust in 75 %, and that the remaining remainder belongs to the universal heir. My question is, why isn't the entire property encumbered by the trust substitution? Thank you very much.
Because the legitimate inheritance must be received free of charges.
In 1983, my father, a humble worker, faced with the threat of losing his only property, proposed to his three oldest children to be front men with the promise that when the danger of losing said property had passed, he would re-title it in his name. For various reasons, my sister Elsa (second daughter) was considered someone we trusted. Several years went by and my father was unable to re-title this property in his name due to lack of financial resources. He became ill with cancer and died a year later without being able to carry out this very expensive procedure, leaving his wife financially unprotected. The TITLE was left in favor of my sister Elsa. In 2003, five years after the death of dad, the brothers met to request the return of said property (a farm of less than two hectares). At first Elsa refused and under pressure she accepted and sales contracts were signed between brothers, mom and Elsa. However, he has been putting different obstacles so that we would not rush to sign the title. Most of her siblings were building their homes on what they believed was their property. TODAY ELSA is threatening NOT to sign the deeds because the sales contracts have expired. In this mess, the most affected, not only by her helplessness but also emotionally affected, is MOM for seeing her children fighting and her daughter ELSA so cruel with her own siblings. My question: What legal resources can protect us or if we will inevitably lose the rights and with them our buildings. THANK YOU for reading and awaiting a prompt response from you.
The question is too complex to answer without seeing those “tickets,” because ultimately everything comes down to a question of proof.
What kind of proof are you referring to? The sales contracts were made before a NOTARY in 2003. All of us, the children and mother, are witnesses. We are also five siblings, along with mother, who have been trying to register our share since 2008, but Elsa, the owner, has been putting up so many obstacles that years have passed and today we do not know how to defend ourselves legally. My mother is constantly threatened by Elsa every time she finds out about a new move by us with the intention of registering. This consultation is today because we do not want to wait any longer and we are with the corresponding land surveying and architecture procedures and once again Elsa threatens to leave us with NOTHING. The sales contracts state that in that ACT before a notary the property (land) is fully paid for. Nothing is owed to her and the registration procedures are on our account and that is what we are doing.
What legal resources are there to protect us in the event that my sister refuses to sign the deeds? The expired sales contract stating that she was paid in cash for the property could harm us to the point of even losing the homes we have built trusting Elsa? I need guidance on what to do to encourage or warn my siblings about risks.
I have been called to the inheritance in order to obtain the legitimate share, but the figure they give me is not even close to what I expected. I firmly believe that this is the subject of concealment and falsification of accounts by the executor (a renowned tax lawyer), both in my late father's company, which they tell me had losses, and in accounts that are well hidden (they could well be in tax havens). What happens is that I cannot pay out the money necessary for the corresponding investigation and lawsuit.
The question is: Can I accept the amount that they give me as legitimate inheritance and then use that money to attack the amount in search of assets and to carry out an audit of the aforementioned company? Does this case cover the possibility of requesting the supplement to the legitimate inheritance? Is the Catalan Civil Code applicable?
Answer 13 of the entry answers this question. In any case, the most advisable thing would be to sign with the reservation of claiming the supplement, if the circumstances arise, and without any kind of waiver.
Thank you very much. There is no doubt about new goods.
The biggest question is whether data that has already been presented to us can be attacked later to justify the legitimate share. This would be data referring to the company whose losses we do not believe, or even sales in half that we presume to be hidden donations.
Good evening, I would like to send you the following query:
A legacy of a rural property is received and it has a dowry mortgage as a burden. The will does not mention that the legacy will be delivered free of encumbrances, so should this burden be equally assumed by the heirs or should it be assumed by the legatee?
In the event that it is assumed by the heirs, should the cancellation of the burden be recorded in the deed of delivery of the legacy?
Thank you very much. Kind regards.
The heir should pay it, in my opinion. In any case, dowry mortgages are usually of small value, and can probably be cancelled with proof of the death of the person on whose guarantee it was established. For a more informed opinion we should see documentation.
Good evening and thank you in advance.
My grandmother made a will in Andalusia, where she lived in 1986. In it she bequeathed the first floor of a 3-story house to 4 of her children, not counting my mother.
He names my mother as heir.
That is what the only testament there is says.
The house was sold in 2000 and the money was divided equally between all the siblings and my grandmother.
The will is not modified.
In 2003 my grandmother moved to live with one of her daughters in Catalonia.
At the beginning of this year my grandmother passed away and a few weeks ago my mother signed the acceptance of the inheritance. At this act my mother and all the siblings are present. Here they are told that the money belongs to my mother and that the legitimate share belongs to them. The money that belongs to their siblings is calculated and communicated.
2 of her brothers are going to sue her because they do not agree with the inheritance and want to split it equally.
Once the case has been presented, my questions are the following.
Can they claim money from me without me having received it? Can the money from the sale of the house be considered legitimate? With the will that exists, can they claim more money from me or divide it equally if there is a trial?
This page is not for questions like the ones you ask us, the answers to which require the examination of data and documents.
All the best
Will as inventory
Does the beneficiary not receive anything until this inventory is done?
Who should do it? Is it really an appraisal of all assets and liabilities?
There is no such thing as a will with benefit of inventory. What there is is acceptance with benefit of inventory, which is enjoyed, provided that an inventory of the inheritance is made within a period of six months. It is enough to determine the amount of the debts and list the assets, although it is normal to also make a valuation of them. Once the inheritance has been accepted, the debts will have to be paid, but we will have the guarantee that only with the amount of the inherited assets.
Thanks in advance for the reply. The question is this:
A Catalan woman, married without issue and without a will, dies in Catalonia. Both of her parents are alive. The husband promotes a notoriety act, is declared sole heir abintestato and accepts the inheritance.
The parents claim the legitimate share (half for each of them) and the husband-sole heir refuses to recognize this right to receive the legitimate share, alleging that these parents-legitimate heirs have renounced the legitimate share, which IS NOT TRUE.
As proof of this alleged renunciation, the husband-heir only provides A NOTARIAL DEED OF MANIFESTATIONS granted after the claim for the legitimate share was filed (and six months after the death), in which a brother of the wife-deceased DECLARES that he has “heard” how the parents stated that they were renouncing the legitimate share. They can only say that they have “heard” this alleged renunciation but cannot prove it in any other way.
1.- Is this RECORD OF MANIFESTATIONS a valid proof to accredit the alleged renunciation of the legitimate?
2.- Even if the deceased's brother confirms before the Court the certainty of his statements, is that sufficient proof of the parents' renunciation of the legitimate inheritance?
In my opinion, the resignation must be express and formulated by the person resigning. I cannot make an assessment based solely on what you have told me.
Thank you very much. Very kind!!!
My parents own a house and a property in Cuenca. A few years ago they made a will leaving the property to 4 children and the house to 2. Now, for other reasons, they are thinking of making an inter vivos donation of the property. What would happen to the house when they die? Can the 4 siblings who receive the donation from the inheritance in the living will claim something from the house?
It depends on many factors, so it is impossible to answer without seeing documentation. But the donation will, in principle, be an advance on the inheritance, and must be attributed to the legitimate rights of the donees.
Hello, good afternoon, my question is the following: can an inheritance be delivered without all the heirs being present? I am from Barcelona and my father has inherited the legitimate share to me, but I was not present when the will was read nor was I informed of it. What steps should I follow to claim what belongs to me? I know that the inheritance is quite important since it consists of 5 apartments that are left to my 3 siblings and there are also bank accounts, treasury bills, government bonds, an apartment and a house in other cities that are left to two of my siblings. I would like it if you could inform me of the legitimate share of all that, how it is calculated.
Thank you so much
It is the heirs who are responsible for paying the inheritance. Ask for a copy of the will, then contact your siblings (HEIRS) and ask them to inform you of the value of the inheritance. The inheritance is 1/4 of the inheritance, to be divided equally among all the children.
If the legitimate share belongs to the two daughters and one of them has died, it would go to the son of the deceased. The question is, if the deceased daughter disinherited him at the time, does she have a right to the grandmother's legitimate share?
If a son dies, the inheritance goes to his children. What I understand is the second part of the question.
Well, the daughter who died had disinherited her son, so he only received the legitimate share. The question is whether, having been disinherited by his mother, this son has the right to his grandmother's legitimate share.
I don't think so. The grandson had to be disinherited from his grandfather.
If the grandson is one of the heirs listed in the grandfather's will and his father died before the will was made, the descendant has the right to a legitimate inheritance in Catalonia. The question is whether the legitimate inheritance is within the grandson's inheritance, or whether the grandson inherits as a grandson part of the legitimate inheritance that would have corresponded to the father.
The legitimate portion is paid, among other means, through inheritance or legacy, or sometimes through donations. It is not a month-to-month inheritance.
My father passed away more than 10 years ago, and left a will in 3 equal parts. My mother is still alive but wants to take everything she can from me in favor of my brothers. I know that she makes donations of money to them that are not recorded anywhere.
On the other hand, he has given a loan of €100,000 to a brother, which is more than what he is entitled to as an inheritance in any case (apart from other amounts that he gives him from time to time).
My mother will probably only leave me the legitimate inheritance. What do you advise me to do?
Keep evidence, if possible, of all acts that could be detrimental, due to fraud, to your future inheritance.
Hello! My father died recently and my mother and he have been separated for about 30 years. The house where my mother lives is jointly owned by 50%. My father left all his assets to some neighbours in his will, but he also denied the legitimate share to the children (we are 5 siblings) alleging that we had ignored him. We do not want anything he had, only the 50% that they have in my mother's house. We tried to reach an agreement with them but they did not want to. My brothers want to start a trial to claim the legitimate share and thus not lose that 50%. I have several questions: How could my father have proven that there was no relationship between us? And if it was he who did not want to have a relationship? If we lost the trial we would have to pay the costs, right? How much could they amount to? If we cannot pay them, could they seize my flat? Since they have nothing... Thank you very much.
These are more questions for a lawyer than a notary. What you should keep in mind is that the burden of proof of the cause of disinheritance falls on the heirs.
I am a legitimate heir, my stepbrother (universal heir) has requested bankruptcy and has included the legitimate heir in the bankruptcy, so I have become a kind of ordinary level creditor because the commercial judge says that we are family.
I met my stepbrother at my father's funeral eight years ago.
I just don't understand anything or know what I should do.
Hello! I would like to explain my case. My father died in 2005, leaving my mother and her sister as universal heirs, and her descendants as common heirs. I did not start any process thinking that my mother would be the heir. Well, now my mother has passed away, and my surprise was that in 2008 my mother renounced and donated the habitual residence to my sister, with a deed of inheritance and donation, and I just found out now.
Hello! I would like to explain my case. My father died in 2005, leaving my mother and her sister as universal heirs, and her descendants as common heirs. I did not start any process thinking that my mother would be the heir. Well, now my mother has passed away, and to my surprise, my mother renounced and donated her habitual residence to my sister in 2008, with a deed of inheritance and donation, and I have just found out now that she has passed away, have I lost my father's inheritance? Do I have the right to the inheritance of both of them? We are from Barcelona
I don't think so, because in 2005, the deadline was 15 years. In any case, consultations without seeing documentation are not consultations.
The case is in Catalonia. The mother (the deceased) died as a widow 3 years ago and the house where she lived (the only asset in her inheritance) had a reverse mortgage. According to her will, Pedro is only entitled to what corresponds to him by inheritance. The universal heir is his sister Maria. The question is: if it is considered that what remains to be paid on the mortgage is a debt of the heiress, can she deduct this amount of the remaining mortgage from the value of the hereditary estate that we have to calculate to find out the amount of the inheritance?
Thank you so much
I think so, but a more informed answer would require seeing documentation.
Good afternoon and thank you for such a great website.
My name is Paula, my husband is sick with cancer, he is still young, he has a daughter with whom he never had a relationship because her mother remarried. The girl has never visited my husband again since she was 4 years old. That was 50 years ago. Now he and I don't know what to do, sadly, in the event that he dies. We need to know how to disinherit that person whom we have never met (daughter) and for the assets to pass directly to me, without having to pay for a donation or sale. We are very worried and have little time to resolve this.
Will a will be useful? How? A handwritten letter from him explaining the non-existent relationship with this daughter would be good. What legal processes can we follow, which may be economic? I look forward to your prompt response. Thank you very much.
All that is needed is for your husband to make a will and disinherit his daughter, because there is cause, as he tells me. With this, you could be awarded all of your husband's assets. The daughter could claim her inheritance if she considers that the cause for disinheritance is not true.
For these cases, I would put in the will that if disinheritance is denied, the legitimate inheritance will only accrue interest.
All the best.
bs. afternoons Don Luis Prados:
I have a doubt regarding disinheritance; due to having various debts with the Administration I am disinherited, falsely claiming that I have denied my parents food; the only heir is my brother, who keeps the entire hereditary estate. A lawyer with certain doubts has told me that if I contest it I would receive only one sixth of the inheritance as legitimate and I believe, by common sense, that I would be entitled to three sixths. What do you think, Don Luis, and thank you for your learned opinion. Agapito
If the disinheritance is contested, you will be entitled to the legitimate share, which at least in Catalonia is a quarter of the inheritance to be divided among all the children. If it were common law, it would be 1/6 as they say because the legitimate share is a third to be divided among the children.
Hello! Good morning! A month ago I asked you a question and I am very grateful for your reply. I would like to ask you another question if you allow me:
Does a legitimate heir have the right to a percentage of the contents of a house that belonged to his parents, or to claim something from the interior of the house, or does only the heir have the right? And how can I do this if we are not related?
Thank you again.
The contents of the house may influence the amount of the inheritance, but I do not believe that there is any right to specific furniture or objects. If there is no relationship, it will be necessary to look for it, or file a lawsuit.
Good morning and congratulations on the “consultation”. My case, two brothers, Catalonia, I have debts derived from an old company, appealed to the Treasury and pending resolution (it will take a long time, perhaps 4-5 years).
Is the legitimate property seizable?
If I renounce in favor of my children, can I transfer it to my “successors”?
If my inheritance were a trust managed by my brother or children, could it be seized?
Thanks in advance, best regards
Getting out of debt is difficult, if not impossible, when you are on the hook for the Treasury or Social Security. Remember that you cannot give up to the detriment of your creditors.
My mother passed away two months ago, leaving everything to my father in her will. We are three siblings. Should I wait to collect my inheritance until my father dies or can I collect it now?
We are residents of Catalonia.
My mother passed away two months ago, leaving everything to my father. We are two siblings. Do I have the right to collect my mother's inheritance now or do I have to wait until my father dies? We live in Catalonia.
My mother passed away two months ago, leaving everything as an inheritance to my father. We are two siblings. Do I have the right to collect the inheritance now or should I wait until my father dies? We all live in Catalonia. Thank you.
You can collect the inheritance upon the death of either parent. However, depending on the characteristics of each family, it may be advisable to delay collection until the death of both parents. If you need further clarification, please do not hesitate to contact us.
His father did not leave his inheritance to my father. My father, having the right to claim it, did not do so. Can I, upon my father's death, claim the inheritance that was due to him?
In principle, the legitimate rights of the ascendants not claimed during their lifetime are extinguished. In any case, a more precise answer would require seeing documentation,
Hello, and first of all, thank you for the clarifications that I see you are giving. Here I go with my question.
We are two brothers. My brother has a daughter from his first marriage and a son from his second marriage.
In 2006 my mother (now widowed) made a will in favor of my niece (my brother's first daughter) and me in equal parts.
Since half of the inheritance is in favor of my brother's daughter, will he have a right to the legitimate share?
When the will was made he lived in Catalonia. He currently lives with me in Murcia.
My mother (and my father at one time) does not want him to be entitled to a single euro, but from what I have read... it seems that he is, but I would appreciate your confirmation. And since my mother lives in Murcia, when she dies, what will be her inheritance?
The answer may depend on the applicable law, which will depend on the civil domicile of your mother, when she dies. The legitimate inheritance cannot be removed unless there is a cause, but the amount of the legitimate inheritance in Catalonia is different than in Murcia. Ask a notary, and if you don't know who I can refer you to a colleague in Murcia.
Thank you, in fact I know a good Notary in P. Mazarrón, but I took advantage of the fact that I was looking at information and it seemed to me that you were one of those who dedicated time to it, which seemed very generous to me.
What I see then is that even though my mother lived until she was 87 years old in Catalonia, the fact that she was registered in Murcia since May 15, seems to benefit the legitimate heir even more (I think in Murcia it is 30%). Anyway, I thank you again.
My question is the following: My grandmother passed away last year, leaving a will. She made 12 wills that she modified. In the penultimate one she disinherited all her children, but in the last one she did not put it and nevertheless indicated that all the children had received their inheritance during their lifetime and she appointed me as her grandson as the sole heir because none of them wanted to take care of her in her final years. Now two of my uncles are asking me for their inheritance and I cannot prove how my grandmother paid it to them. What can I do? Could I claim cause of unworthiness to succeed because I did not take care of her?
It would be possible, but the causes of unworthiness are very serious, and it is possible that the requirements are not met.
Good evening. My question is related to the interests of the legitimate share. I think I understand that they run from the date of death. But if the son who is entitled to the legitimate share is practically unaware, shouldn't they run from the date of that son's claim for his legitimate share? Is it inevitable to pay them if he claims them?
If the information is necessary, it is Catalonia, date of death September 2013, date of commencement of the claim for the inheritance August 2016.
And what type of interest is applied? Well, you are claiming a compound interest rate of 3%.
Thank you
I forgot, who should pay or who usually pays the Notary fees for the payment of the legitimate inheritance?
Considering the legitimate inheritance as a legacy, the cost of formalization is borne by the legitimate heir and the cost of delivery is borne by the heir. You can consult our entry on the costs of delivery of legacies.
Good evening and thank you for your availability.
I am a legitimate heir, not an heir. In the will, I have been bequeathed the use of the ground floor of a house for a period of 5 years. The house has other floors. There may be serious difficulties in its operation, since others would have to access their apartments through the ground floor, the kitchen is on the ground floor... in other words, a mess. Can this be considered a legacy not attributable to the legitimate heir or given that it is limited in time and manner?
thank you so much
The legitimate portion must be paid in unencumbered shares. Therefore, it is very likely that this legacy will not be able to settle your legitimate portion unless you accept it.
Good morning,
I would like to claim the legitimate inheritance of my father, but it turns out that in the will he made while he was alive, he omitted me. As I understand it, it is a case of intentional preterition, given that my father did recognize me (I am an illegitimate son), but we had no contact. In the will he only named his current wife and his daughter.
The most important question I have is the issue of the deadline. My father died in 2007. Am I still in time to claim my inheritance?
Thank you so much.
15 YEARS SINCE THE DEATH
https://www.notarialuisprados.com/los-plazos-de-las-herencias/
I ATTACH THIS LINK. I THINK YOU WILL FIND THE ANSWER.
Good morning and thank you for the time and interest you dedicate to resolving so many doubts.
My question is the following: the legitimate heir has 10 years to claim the inheritance from the heir or heirs, but from when can he claim it? Should he wait the 6-month period from the death of the deceased to give the heir or heirs time to accept the inheritance?
The term is from the date of death.
Hello,
When my father died, all my siblings and I received the inheritance. My question is, when my mother dies, will we also receive the inheritance corresponding to my mother's estate, or can she allocate it all to just one child?
In principle they should also charge it
Hello, I live in Catalonia and when my father died, his children renounced their inheritance, but I don't remember if we signed any paperwork or if it was verbal. How can I find out?
If it was not notarized, there is no means.
Good afternoon,
We are two sisters who don't have a very good relationship. He pays a lot of attention to money and I think he wants to play a dirty trick on me. My parents have made a sale and want to leave us both a sum of money, €12,000 each. My sister told me that an agency has made a document for me to sign, I don't know what it is.
I ask if this paper tells me that I receive this money as an inheritance and if I sign it, will it mean that I renounce everything, including the inheritance that might correspond to me when my parents die?
Good night,
Here is my question: my father passed away four years ago today (Catalonia). My brother, who lives in Madrid and with whom I don't have much contact, claimed his share of the inheritance from my mother. After having read all the answers you have given several times... finally, after two very unpleasant months, it seems that my mother (in fact, I and him, since she is 90 years old but has a very good head), have reached a financial agreement of 20,000, which is more or less, with interest, what is established according to the amount of the inheritance.
The thing is that now he tells me, and I quote:
“The procedures can be carried out at any notary of your choice.
The form will be through “Verbal Agent and Ratification”.
That is, the mother goes to the notary and by verbal mandate on my behalf indicates that I accept said economic amount in the concept described.
I also provide an account number where the transfer can be made.
Later I will ratify it at the notary in Madrid that I indicate to you."
I am looking forward to finishing the matter. I mentioned the power of attorney if he did not want to come, and he comes up with this. Initially I am not suspicious, but I would be very grateful if you could tell me if this way we can definitively settle the matter that is causing so much moral damage to my mother.
Thank you so much
Good morning. We are two siblings and our father died without a will. In principle, the inheritance is due to us and the usufruct to my mother, but the Notary tells us that we can renounce the inheritance (the siblings) in favour of our mother, since Catalan law allows it and we believe it is the right thing to do. Our mother wants to give us something in exchange for our father's inheritance. Can we collect the inheritance in this case? If he pays us the inheritance, does this pay inheritance tax or is there any other tax?
Thank you so much
The formula that they propose is very reasonable, you renounce the inheritance and collect the legitimate share. In any case, up to 100,000 euros you do not pay inheritance tax and from that figure onwards it is highly discounted, so unless you have a large estate, I do not think you will pay, without prejudice to possible municipal taxes.
Hello, my question is the following. We are four sisters and when my father died we inherited the house… my mother and the four sisters because my father left it that way. Nine years ago we did one of my sisters the favour of mortgaging my mother’s house and ours, all of us signing so that the bank would give her a mortgage and buy a piece of land and a house in the country. In fact, she paid for the house and the loan is only for the land, but in reality, she has a mortgage of about forty thousand euros on my mother’s house. The fact is that now my mother has been diagnosed with a degenerative disease and we are worried that we might have to sell the house to pay for a nursing home for her and on top of that, our sister is at odds with everyone because we told her that we had to look after her and she has never looked after her. We went to the bank and they told us that we could sell the house but that they would keep the excess money from my mother's house, which is forty thousand euros, and she would keep "her house paid for" and "clean and tidy" and if there was anything left over, then it would be for my mother's residence, which we might not have for even two years and that if we got into a bad mood she could stop paying and leave my mother on the street. They also told us that on top of paying for the house, if it was sold because my mother was gone, she would be entitled to the inheritance as a direct heir.
My question is this: is there absolutely nothing to do about all this? On top of that, one of my sisters lives there and is the one who takes care of my mother and is making her life impossible by coming and going from the house to her and her children whenever they feel like it because they say that they also own the house when in fact the house belongs to my mother. Can you give me any advice? Thank you.
These are the consequences of bad advice, but little can be done without her sister's consent.
Good afternoon Luis and thank you very much for the time and effort you put into keeping this interesting blog alive and active.
In the Catalan civil regime.
Would it be legally valid and sufficient for the heir to send a burofax to the legitimate heirs indicating the intention to deliver specific assets as certification of the payment of the legitimate heirs and thus avoid the accrual of interest to which the legitimate heirs could be entitled? Would sending a burofax be within the group of "acts of a gentleman"?
It could be, but the way to prove the offer in a reliable manner is through a notarial act. It is a question of your guarantees.
Hello, my grandmother passed away 6 months ago.
I had 4 children, my mother and my 3 uncles.
My grandmother made a will leaving the house as an inheritance and left my mother as a pre-legate heir, who lived with her and took care of her for more than 10 years.
The notary says that my 3 uncles have to sign that they accept that my mother is the owner, but they do not want to because if my mother were to die, the only heir would be me (only daughter) and they would not get anything.
If they don't sign, will my mother still be the owner and can they ask for the inheritance?
And if they sign, can they still claim the inheritance in the following 10 years?
Apart from that, there is a clause that says that if the apartment is sold, they have to divide it equally.
Thank you so much
Better ask the notary who is handling the matter.
I would like to know how much the legitimate share is stipulated in Catalonia. The value of the house is 60,000 euros and there is nothing in the bank. How much would each of us get? We are 6 siblings. Thank you.
Everything is explained in the post. In any case, without seeing the documentation, it is not possible to answer, and you must take into account that the inheritance depends on there being a will.
Hello!
I am Catalan, my father has made a will in which he names me as his universal heir and disinherits my only sister for lack of family relationship with him. The question is the following: Is there something that I or my father can do now that he is still alive, so that when the time comes for my father's death, if my sister contests the will, she loses the trial and thus my father's will is fulfilled?
No. Because if the cause for disinheritance is denied, it is up to the heir to steal it.
My father died 5 years after having made a will in which he left all the money in his accounts to the woman he had been living with for many years.
Half of two apartments that were his property (the other half belongs to my mother) were left to us as inheritance to his children. Likewise, he left me and my siblings an apartment that he owned, although he left the same lady he lived with as usufructuary.
A year before she passed away (4 years after making her will), at my mother's request, they made a succession agreement in favor of her children.
When we went through the paperwork with the notary, we found out that he had sold the flat he owned that he left us as heirs and had bought another flat that was not mentioned in the will because he bought it 4 years later.
The notary explained to us that of all my father's assets, we were entitled to the legitimate share.
Under the inheritance agreement, the children are now the owners of half of the two apartments that he owned.
My doubts are:
1.- Is the inheritance for all the assets that our father owned at the time of his death? Would the apartment that he bought (even though it does not appear in any will) after selling the other one that he left us as heirs in the will and that he no longer owned be counted towards the inheritance?
2.- Is the succession agreement considered part of the legitimate inheritance?
3.- Who should pay us the legitimate portion and when? The woman he lived with who he left as heir to all his personal property?
Thank you very much.
Hello, I would appreciate it if you could answer the following.
We are a Catalan couple with a separation of property regime. We have made two wills in which we mutually declare ourselves universal heirs, in addition to recognizing the rights of the two children we have in common.
In this situation, the specific question is whether declaring ourselves universal heirs also implies being declared usufructuaries of the inheritance.
Thanks for the reply.
Good afternoon: I understand from what I have read that the legitimate share in Catalonia, if claimed within ten years after the death of the deceased, will accrue interest from the date of death. I had understood that it was from the date of the claim, but I may have misunderstood.
On the other hand, in the event that the universal heir, in an inheritance in which there is only one real estate, can prove that she has paid all of her mother's expenses for years, because the mother's pension is not enough to support her needs (caregiver, residence, general maintenance...), could she settle accounts with the legitimate heir who is the son of the deceased?
thank you so much.
From what you've told me, it's possible that the son has a claim against the inheritance, which could influence the calculation of the legitimate share. The problem is proving this in the absence of an agreement.
I am the guardian of my legally incapacitated brother (heir).
When my mother died two years ago, my siblings and I decided not to claim the inheritance, to which we were entitled by will at that time, until we saw what situation our disabled brother was in and normalized his personal and economic situation. The Notary of Barcelona who accepted the inheritance informed us that we had ten years to claim the inheritance since we did not renounce it.
By will he was the heir, and as guardian I accepted the inheritance in his name as an inventory.
After two years and seeing that her situation is stable and would not cause her any financial harm, we have decided to claim the inheritance, but the Notary in my town tells me that without judicial authorization he will not carry out the procedure, since according to him there is a conflict of interest as I am the guardian of the heir and at the same time the recipient along with my other two siblings.
I contacted a lawyer to request this judicial authorization and he told me that it is not necessary because there is no conflict between us and no property has to be sold to make the payment of said inheritance, the heir having sufficient liquidity to pay it. And in the annual accountability to the court that I carry out as guardian, this procedure will be recorded.
I forward the information to the Notary but he insists that I need judicial authorization. Is this correct?
It is not for me to judge the opinion of another colleague, and even less so through a chat. What you can do is look for another opinion, but as far as I am concerned, without seeing any kind of documentation, out of prudence, I should not give an opinion.
My father passed away almost two years ago. We accepted the inheritance because there was no debt.
Now a claim has arrived from Social Security in his name for 1500 euros for bonuses from 2013 (my father was self-employed). My question is whether the heirs will have to answer for this debt or any possible debts that may come from others.
In my opinion, yes. The only difference is that if they accepted the benefit of inventory, they will only be liable for the assets of the inheritance, and if it was pure and simple, also for their assets.
The sale by a universal heir of a property must be entered into a bank account, only with the owner of the inheritance, or it may have several owners or authorizes
There is no rule. But it is normal for the money to be in an account that is for the money.
My father-in-law passed away 2 years ago, naming his wife as heir. At that time, my wife did not claim her father's inheritance. Now, her mother has passed away, naming my wife's brother as heir. Can we claim the father's inheritance? If so, who has to pay it?
Yes. It must be paid by the heir or the heir of the heir.
Hello. My father left my brother as heir, and my mother as usufructuary, leaving me as a legacy in payment of the legitimate portion, the bare ownership of the undivided half of a property. My brother has accepted the inheritance, but stated in the acceptance deed that he would deliver the legacy to me when I require it, which I have not yet done. Now the City Council is demanding from me the payment of the capital gains tax on said property. Can this be done? Thank you.
Do you want to own or not own?
Not at the moment, because I don't know the conditions of the property at the moment, but I don't want to give it up at the moment. But the question is, if I don't accept the inheritance at the moment or give it up, can the City Council ask me to pay the capital gains tax? Should my brother pay it as the universal heir? Thank you.
I don't think so. You should claim it from the heir.
Thank you so much
Hello, my mother-in-law recently passed away. She had two children, one was my wife who passed away and we have a child together. In her will she left him 25% of specific assets and the rest to my brother-in-law. Is that correct?
Thank you.
If I bequeath something to my son, can my other son claim his inheritance?
The only way to avoid paying the legitimate portion is through disinheritance, and even in this case if the disinherited person does not agree, the heirs must prove the existence of the cause alleged by the testator.
My father has passed away, and WITH my stepmother, we did not reach an agreement.
She is the usufructuary of everything - there is no will - and I am the heir. We are in Girona, Catalonia.
As an heir, do I have the right to the legitimate inheritance?
The accounts where only my father appears, what rights do we have, she as a widow and I as an heir?
She doesn't want to make an inventory, she refuses... can I legally force her to do it? Since my father passed away, she won't let me in. Can she do it, if we haven't yet reached an agreement or accepted the inheritance? Can I report her?
We have not reached any understanding.
You could say that she's going to annoy me for not accepting her.
She withdraws money from accounts without her being registered - will she have to return it?
The shares, properties, boats, cars, motorcycles... she wants them, even though I own them and use them, she wants them for her son from her second marriage. Isn't that bad faith???
-She doesn't know how to drive or steer the boat, but she loves them. -That she will claim them from me in court and I will have to give them to her?
Can the law be used, as I have been told, article 111-7, which speaks of good faith?...I say this with irony...
They lived in Girona in a small house, owned by her parents, but she wants it to be stated that they lived in my parents' house, which is large and near the sea. Legally, what motivates her to want to state that they lived there - they spent seasons there - when it is not true, are they not registered in the big house? It is in a good location near the sea, unless this is the case. Or perhaps because of taxes, if it is considered a first home, or a marital home?
I don't know what to do, because every proposal is rejected and I can't take it anymore.
It provokes me because we see each other and one day my wife will hook up with her.
LEGALLY: WHAT CAN I DO TO END THIS ISSUE? It belongs to each one of us. Thank you very much.
First of all, thank you for your descriptions, so valuable for those of us who have to inherit.
My case is as follows;
My father died 8 months ago.
Having a large estate and many children, all of whom, except 2 (I was one of them), received shares in a large company during her lifetime (2 months before her death), claiming to be legitimate, some of whom, having previously received different amounts financially, and renouncing the legitimate rights of their father and mother, are still alive.
The thing is that the two brothers who have not received the legitimate inheritance, one of them was never given any donation. In my case, yes, but at no point did it reach what is really due to the legitimate inheritance.
In the will, this brother was to receive certain amounts of inheritance, and in my case I have half of a house. Although even then, it does not add up to the legitimate share.
At the time, before signing the will, we were induced not to ask for the legitimate inheritance, first, because my mother, being the usufructuary of everything, would have to face everything (She also donated her shares during her lifetime to the other siblings, although being the usufructuary of their benefits, the siblings themselves were left out), also feeling coerced into subsequent revisions.
While still in a state of shock, the will was signed under these conditions.
My question is?
Do I still have the possibility to make a claim and review?
According to my mother's will, everything will be
Equal.
If I make major improvements to the house I have inherited, will the value of half of it affect my future inheritance, which will only be my share of this house?
I live and everything is in Catalonia.
I know it's all a bit confusing, but I find myself in this situation and I fear that by improving the house, it will harm me, and even worse, that I will no longer be in time to ask for my share from my father.
I await your response as soon as possible, as this is causing me great harm.
Thanks in advance
Marten.
I have 2 children and I would like to make a will in favor of only the son. I want to disinherit the daughter and not have her inheritance, because I have enough information that she is not my biological daughter. In 1999 I took a paternity test in which my daughter was also supposed to attend and she did not show up. What documents will the notary ask me for? Thank you.
It is one thing to disinherit, and another thing to say that the daughter does not have the right to a legitimate inheritance. Depending on one thing or another, they may ask for documentation, or even ask for nothing, although things should be proven at the time of her death. It is best to ask the Notary, who will make the will for you.
Good night,
First of all, thank you very much for this space and for your time. I have a question regarding the legitimate inheritance that could correspond to my mother (resident in Catalonia), since her mother died almost 6 months ago (also in Catalonia) after having maintained practically a null relationship as a consequence of her separating from her husband and repudiating her daughter when she was little. My mother has no siblings and we do not know who my grandmother designated as heirs, although we have requested the certificate of last wills.
Someone told us that the deadline to claim is 6 months, but in this space I have seen that for the legitimate share they talk about 10 years, so, what does the 6 months refer to? The deadline to accept the inheritance??? On the other hand, if this lady had debts instead of assets and patrimony, the legitimate share could consist of these debts, that is, my mother would inherit obligations instead of rights? Thank you very much for your time.
There is a blog entry called inheritance deadlines. The six months are for settling the inheritance tax.
Mr. Luis, my mother passed away two months ago and I am her heir. We are 7 siblings. My mother has a flat that we have rented out. If a brother asks for the inheritance, do I have to sell the flat to pay him? Or can he wait a few years until it is sold? Is the value of the flat the cadastral value or if they appraise it now, is it the real value? Can I pay him the inheritance in ten years?
The inheritance must be paid from the date of death. But you can agree on whatever you want.
Hello, my father-in-law died 6 months ago, leaving behind debts on two mortgages and also a debt to the Social Security system. His three children want to renounce their inheritance for fear of inheriting all the outstanding debts. They are all residents of Catalonia. If you accept the inheritance, are you obliged to inherit all the debts? The house and an apartment are seized by the bank and they don't know if they can take charge of the assets or if, in the event of renouncing the inheritance, they still have to pay part of their debts or will be free of financial burdens. Thank you very much.
If you have not done anything, you have lost the possibility of enjoying the benefit of inventory. The best thing is to make an appointment, either with us or with whomever you think is appropriate, and we can clarify your doubts. This is not a question to be answered by this means.
Hello Luis, my father passed away two years ago in Catalonia leaving my mother as beneficiary in his will. The assets include a house in which she lives. There were 4 of us siblings. The youngest died without descendants. The fact is that my mother never knew how to manage her finances well and now, due to lack of work, she is selling her house (160,000). My question is, do we children have a right to our father's inheritance? Once his debts are paid, he will have about €100,000 left. How much would that amount to?
Thank you
This page is not a consulting room, but rather a call for proper advice.
Hello good evening, my father passed away two months ago, the deeds for the flat list my father, my mother and a brother and universal heir, the other siblings reject the legitimate share but I do not, as far as assets there is only one flat which is being paid for by the named universal heir but as I said in the deeds my mother, father and the brother are there, I claim my legitimate share through my father by law and only that. The flat is worth around 70,000 and there is 29,000 left to pay the bank, who would have to pay it to me and how much? Thank you and best regards. My name is Jorge.
Jorge Grau, for the legitimate I have a disability of a 39% column. I do not charge anything, it goes with the previous comment.
Thank you.
Hello Luis. My father passed away a month ago. He left everything to my mother. We are 4 children for the inheritance. We all live in Catalonia. The assets are 2 houses and money approx. 50,000 euros. Almost 11 years ago (10 years and 9 months), he made me a donation of 30,000 euros so that I could buy, together with my own money, a house where I have lived since then. A donation contract was made, but nothing was mentioned that had to do with inheritance or inheritance. My father gave it to me because he wanted to. My mother now says that she wants to deduct it from my inheritance. Am I entitled to the entire inheritance or not?, taking into account that it was more than 10 years ago.
Thank you so much
David, this page is not a consultation, only a call for proper advice. An assessment of your case would require seeing the will and the donation that was made to you, among other things.
Hi Luis. Sorry, but I just want to know if a donation of x amount of money almost 11 years ago can be attributed to the inheritance or not? If the figure of “10 years” is definitive or if it depends on the type of donation.
Thank you very much… I really appreciate your response.
5.- How much is the legitimate portion?
The amount of the legitimate share is a quarter of the base amount that results from applying the following rules:
a) The value of the assets of the estate at the time of the death of the deceased is taken as a starting point, with the deduction of debts and expenses of the last illness and burial or cremation.
b) To the net value resulting from applying the rule in letter a, the value of the assets given or alienated by another free title by the deceased in the ten years preceding his death must be added, excluding customary gifts. The value of the assets that have been the object of donations attributable to the legitimate portion must be computed, in all cases, independently of the date of the donation.
They are also an advance on legitimate inheritance, unless the deceased provides otherwise:
a) Donations made by the deceased to the children so that they can purchase their first home or undertake a professional, industrial or commercial activity that provides them with personal or economic independence.
Hello Luis. In the event that the donation is considered an advance on the inheritance, but the amount of the donation is greater than the inheritance and therefore the inheritance is 0 euros, can they (the main heir or other heirs of the inheritance) claim personal money from me?
Thank you so much.
The donation could actually be reduced
Hi Luis. Sorry, but I don’t understand you…
The question is: Can (the main heir or other legitimate heirs) claim my own money or personal property?
I understand that you don't, but you are the professional.
Thank you
How is the reduction of the donation carried out? There would be two options: either you give them a share of the property or you pay them in cash.
Luis, I have one last question for you, and I’m sorry for the inconvenience…
In a case like this, where the donation is greater than the legitimate amount, would it not be enough to renounce the inheritance so that they cannot claim any amount?
Thank you so much.
Good afternoon, my question is that my parents got married in community property in Andalusia, they went to Catalonia and made a will there (Catalan neighbourhood by residence) naming each other as heirs and legitimising their children.
They returned to live in Andalusia many years ago and the tax is settled here and is quite burdensome. If they got married in Andalusia and died in Andalusia and the will was made in Catalonia, is the settlement made according to the common regime or according to the Catalan distribution?
Thanks in advance and best regards.
It depends on your residence, for the most part, in the five years prior to your death.
David, it is very difficult for me to answer based on information that only you give me. Make an appointment with a professional, whoever you want, as this page is not intended to replace it.
Good afternoon,
We are a Catalan family. My grandmother is still alive. She has two children, my mother and my uncle. My uncle has a daughter with whom he has no relationship, since the mother made excuses not to see her and he did not want to get involved in lawsuits for the girl. Currently my uncle has a partner but is not married. In my grandmother's will it states that my mother is the sole heir and my uncle is the usufructuary of the flat and no one can evict him while he is alive.
My uncle is currently ill and will soon leave us.
My grandmother does not want my uncle's daughter or her partner, if they get married, to receive the inheritance. What should we do? My grandmother is older and we must also consider the possibility that she may die before. Thank you.
Good morning,
We are a Catalan family. My grandmother has two children, my uncle and my mother. My grandmother made a will in which my mother is listed as the sole heir with a clause in which my uncle can use my grandmother's flat and no one can kick him out of there. In the will, my uncle is not listed as disinherited. My uncle has a daughter with whom he has not had contact for years because the mother always made excuses such as that she had a basketball game or other things when he went to pick her up every 15 days, telling him this without calling him beforehand or being able to go up to the flat. Since the girl was about 5 years old, he did not want to get into court for her.
My uncle currently has a partner but he is not married. He is also ill and will soon leave us.
My grandmother is old and she could be gone any day too.
Taking into account the two options, that is, if my grandmother dies first or if my uncle dies first, what would have to be done so that neither my uncle's daughter nor his partner would have a right to an inheritance if they were to die? We would be very sorry if they had part of my grandmother's flat, considering that it has no sentimental value for them, and that my mother has always looked after my grandmother and now my sick uncle.
Thank you very much for your time.
This is a very long and complex question to answer in a blog. Make an appointment or if you want we can make a written report for you.
Good morning, I have a question. My husband passed away a couple of months ago. He was a widower with 3 children and I was divorced with 2. He has a flat that he owns and a house that is mortgaged between the two of them. He made a will leaving me as sole heir, but I want to know how the issue of the legitimate share works in the case of the flat. Can I live in it until it is sold and then divide it up?
Thank you
You have the obligation to pay the legitimate rights, but you can become the owner of the apartment
We have a flat in common with my husband, he has a son. After his death, will his son inherit 25% of all the assets we have in common? If we put the flat in my name, will I no longer have to give him 25% of the flat?
Good morning. I have a question: In the case of a deceased father in Catalonia who has supported one of his children in his house who has never contributed anything, being already 50 years old (because he did not want to become independent) on the date of the father's death... The father having made a will leaving the wife as an heir and the legitimate share belonging to his 3 children... Is an amount that is considered to be imputable to the legitimate share, for having had said 50-year-old son always at home, consequently having given him maintenance and never having charged him for water, electricity or any type of expense... ??
Thank you
I don't think so. But a more well-founded answer would require checking a lot of data. In the entry you can see that it is attributable to the legitimate portion and in principle those expenses are not.
Good afternoon, I have a question. My mother has passed away and had a will made naming me as the sole heir of everything (her assets, rights and shares). The flat that I inherit belongs to my mother and she was the one who paid for it together with my father until they separated, after which she continued to pay for it alone. 9 years ago she registered herself as the common-law partner of another man. We live in Barcelona. Does he have the right to the inheritance even though I am the sole heir of everything?
Thank you
My grandmother had 2 daughters, one of them passed away and since then we haven't heard anything about her daughter. My cousin doesn't want to know anything about my grandmother. So my grandmother wants to leave her house to my mother since she is the one who takes care of it, we have a doubt about whether she can sell it to my mother, that is, put it in her name, since the house is also in the name of my grandfather who passed away. Thank you.
I can't answer you with that information.
My mother died on 25-5-2016, in a Deed of Manifestation and Adjudication of Testate Inheritance (which I refused to sign) my sister without my consent acts as verbal representative and an incorrect address, leaves her a house that for tax purposes is half of the property for € 16,600 and the money in an account that is between my mother and my sister, according to La Caixa on 21-11-2016 it confirms that on the day of her death the balance is € 7,091.39, the account closes on 1-6-2016 with a balance of € 8,001.88, and my sister since 17-10-2012 has withdrawn € 148,747.37 from said account. My mother leaves me whatever is in any La Caixa account, but there is no account in my name. Can I ask for the legitimate share and how much money would it be, and how can I ask for it and where? If I have to do it through a lawyer, what can it cost me? I live in Girona and my sister in Tarragona.
Make an appointment with a professional, this is not a question to answer online.
My father, with whom I have had no contact for the last 10 years, died 6 years ago and neither my mother nor any of my three brothers notified me even though one of my sisters-in-law is a lawyer (I found out by chance).
What should I do to claim my inheritance? Can I access his last will and testament? Is the initial process very expensive?
Ask for a certificate of last will and testament, and from there we will see what to do.
Good morning,
My mother has already accepted the inheritance, now she is going to pay us the inheritance. Does the payment have to be made before a notary?
Thank you
It depends on what they receive and the guarantees they want. As a general rule, there are no obligatory notarial acts, but in many cases it is highly advisable.
My mother passed away 7 months ago, my brother and I renounced the legitimate share but did not sign any document, my father has made a will leaving me 75% of his assets and my brother 25% since I have left everything to take care of him, I live here at his house because he can no longer take care of himself, can my brother ask me for my mother's legitimate share if something happens to my father now? I have many doubts, one of them is this... Thank you.
Father died on 1/8/2012. The heiress was the woman with whom she lived, who renounced her share and passed it on to her children. But they are the kind of people who go for their own interests and do not want to give us the details of what was inherited, whether in property or money. The lawyer who is handling my case has been completely indifferent to it up until now. I paid him €800 in advance, and in these years he has only been beating around the bush until he retired. Now in February 2017, he has given me some papers to deliver to different banks where I was supposed to have money, with some like the Caixa de Barcelona, which has not taken the paper and Hispano, which has told me that due to data protection they cannot tell me anything. What can I do about this?
Deal with a professional who will take care of you
Good afternoon:
When my father was widowed 10 years ago, he only received a small pension. He asked that we, his two children, assume the expenses that he (caregiver) would generate throughout his life in exchange for requesting a mortgage for his apartment.
My brother said he couldn't and didn't want to assume that expense and the bank wouldn't give him the amount he needed.
My father suggested that I take care of all his expenses and in exchange he would make me a donation while he was alive on the condition that he would not lack anything.
During this time I have taken on all the gestures that are even higher than the current value of your apartment (caretakers, private residence).
I have deeds in my name and a will stating that I do not want to leave him the legitimate inheritance due to abandonment during these years. After his death, the heirs of my deceased brother are claiming the legitimate inheritance from me. Is this so?
If your brother has been disinherited and his heirs consider the cause to be untrue, it is up to you to prove it.
Sorry, I don't understand what you mean by the test.
Thank you
You must prove the cause of the disinheritance. However, I remind you that this page is not a consulting room.
Regarding section 5. In 2013, my mother donated an urban property to my first brother with a non-collatable character, without her being aware of what this meant. My second brother and I have to receive the other two properties that she has left, as inheritance.
If the first brother requests the legitimate inheritance upon our mother's death (let's say before 2023), can this first brother include in the calculation the value of the donated property that he himself has received?
Would it be of any use if my second brother and I also received those two remaining properties as a non-collatable donation?
We are in Catalonia. Thank you very much for your attention.
These are very complex questions to answer through this channel, without seeing any documentation. If you want, make an appointment.
Hello, my mother passed away before my grandfather did, my uncle is moving the papers, I would like to know how much time is necessary approximately to be able to distribute the inheritance.
Good afternoon;
Now that we are in the time to file the income tax return, I have a question
My mother-in-law passed away. They had a will in which when one of them died, everything went to the other, so everything went to my father-in-law and the children got nothing. My question is whether when I file my tax return I have to declare the inheritance even if my husband did not receive anything.
What was received by legitimate inheritance would pay inheritance tax, but not income tax.
Hello,
My case is the following: My mother (widow) has offered to give me a house in our hometown while she is still alive so that I can fix it up and it can be my second residence. The agreement is that this would be my part of the inheritance (we are 4 siblings and there are 4 properties, this house is the one with the least value). For my part I would accept it, but I don't know if when my mother dies I could have the unpleasant surprise that one of my brothers or her children could claim something from me. Is there a legal way to leave this matter well tied up and I can be completely calm that nobody can claim anything from me or my wife if I die before her? We don't have children.
thank you
This page is not an online consultation. Your concerns can be resolved by the legal system, so if you are interested, make an appointment with us and we will evaluate all the alternatives.
I was an heir according to my father's will, my mother was the sole heir, my MOTHER SOLD A PROPERTY AFTER MY FATHER'S DEATH, AND MY MOTHER WAS ONLY LEGITIMATE, I AM ENTITLED TO SOMETHING FROM MY FATHER'S SIDE /catalunya/
If you have any doubts, make an appointment, as this page is not an online consultation. I can only tell you that the legitimate right is not lost unless it is waived or prescribed. A well-founded opinion requires seeing documentation. Best regards.
3 brothers. Assets: two houses, a car, household goods and cash. One is “bequeathed” the strict legitimate inheritance. The other is “bequeathed” a house with full ownership on account of free disposal and if something is missing for his full ownership, part of the improvement. The third is named universal heir (are the other two mere legitimate heirs?).
In the second case (to the son who is bequeathed a house with full ownership), shouldn't it go first to the strict legitimate account, then to the free disposition account and if something is missing for its full ownership to the improvement account?
What happens with the first son, should he share 11,11% in all the assets (car, belongings, 2nd home and cash)? Can the universal heir arrange to pay the first son his strict legitimate legacy with cash if there is one (with or without the consent of that son)?
Can any of the children challenge the property valuation for the homes?
This page is not a consulting room. You can make an appointment with us and we will be happy to assist you.
Hello, my brother did not claim his inheritance at the time and now he is claiming it from me. I received €6,000 in cash and a plot of land that was valued at €8,500. I sold the land for €4,000 and my question is...
The legitimate share that I have to give him is the sum of €6,000+€4,000=€10,000÷4=€2,500÷2 (siblings) =€1250. Or is it the value that the land was recorded for in the Acceptance of Inheritance, let's say €8,500 instead of €4,000 which was the sale price?
I don't know if I have explained myself well.
Thank you so much.
All the best,
Pedro
Can a universal heir in Catalonia go and live in a house that he has inherited from his father when the legitimate heirs have not yet accepted and received the inheritance?
In principle yes
It is the value of the inheritance, in the absence of an agreement, which will be determined by an expert, but for these amounts (500 euros) it is not worth arguing too much.
Good afternoon. My father passed away a year ago. He was a widower. There were four of us siblings, but one of our sisters died in a traffic accident, leaving a son behind. When the will was opened, he bequeathed to the three remaining children a flat valued at €375,000 in equal thirds. Since we are in Catalonia, we would like to know if my nephew is entitled to the inheritance, since our sister is dead, and how much more or less he is entitled to. Best regards.
This page is not an online office. If you want a report or professional opinion, contact us and we will gladly do it for you.
Good morning,
My father has passed away and one of my sisters has received her inheritance. There are three of us sisters and my mother.
The will states that when my mother dies, the assets will be divided equally between the three sisters.
My question is: will my sister be deducted from the portion she has already received from her inheritance? Or will everything be divided equally between the three sisters?
Well, it depends on two questions. What did your sister receive, as you say, on account of the inheritance, and how did she receive it? Without knowing these two things, it is impossible to answer, because we are getting into a delicate issue such as collation. But as things are done, which in most cases are not documented, it is most likely that your sister can demand to receive a third of the inheritance. Another thing is that your sister accepts receiving less for having received assets during her lifetime.
Good afternoon, I filed a claim in a court in Catalonia to claim payment of the supplement for the legitimate portion and the judge has issued a judgment ruling in my favor and condemning the heirs to pay it and the procedural costs.
These heirs have bare ownership because all the assets of the inheritance are usufructed for life by a third person,
What would be the next steps I should follow to actually receive this payment?
Until the usufruct is extinguished by the death of this third person, might I not receive payment if the heirs do not have their own assets (salary, property, etc.) but only the assets of the inheritance that is currently in the usufruct?
Could this payment require that it be made in cash and not in the form of a percentage of ownership of the assets?
Thank you very much. Kind regards.
I think these are questions you should ask your lawyer, not what the terms of the sentence are. Greetings and thanks for following us.
Good morning and congratulations on your web-blog to answer questions that are always numerous and difficult for laymen in the subject.
My question is about a deceased with a will declaring one of his two children as the universal heir and the other the strict legitimate heir. The problem lies in finding the value of the hereditary estate that is made up of a legal entity of which the universal heir is the administrator and does not want to give an assessment of it. Due to the complexity and lack of regulation in the LEC while the inventory action is being claimed, can a presentation of accounts be requested while the controversy is being resolved to see what the universal heir is doing with the inheritance?
Thank you for your time
All the best
This is an issue that you should discuss with the lawyer handling your case.
Good morning and congratulations on your web-blog to answer questions that are always numerous and difficult for laymen in the subject.
My question is about a deceased with a will declaring one of his two children as the universal heir and the other the strict legitimate heir. The problem lies in finding the value of the hereditary estate that is made up of a legal entity of which the universal heir is the administrator and does not want to give an assessment of it. Due to the complexity and lack of regulation in the LEC while the inventory action is being claimed, can a giving of accounts be requested while the controversy is being resolved to see what the universal heir is doing with the inheritance?
Thank you for your time
All the best
What you are raising is a more judicial than notarial issue and therefore it will be up to the lawyer who represents you, if you want to take things to court.
We are 5 siblings and my father, at the request of one of my brothers, has agreed to donate a property to him during his lifetime, my brother renouncing all of my father's other assets and also renouncing any legitimate inheritance that may be due to him in the future.
We, the rest of the brothers, would like you to make this renunciation of the legitimate inheritance official. Is there a document that can be made for this?
Can the donation and the renunciation of the inheritance be made in the same deed before a notary?
Thank you so much.
Good afternoon.
I have a single son who is demanding an advance on his inheritance. Obviously, I have not died. We are Catalans and have always lived in Catalonia.
Am I required to pay him his inheritance in advance? He has a stable job.
You have no obligation
My father made an open will, we are 6 siblings, he leaves five of them an apartment as universal heirs and bequeaths the other apartment to the remaining son, well my question is the following, can they claim the legitimate share from the one who is bequeathed an apartment over that apartment and if in that case he can claim the legitimate share from the apartment that the five of them inherit and also if he made a contract with his father about the apartment that he bequeaths would he have any problems because he has lived in the apartment for years, thank you
Hello, my brother passed away two months ago and the inheritance belongs to his son. Is there a way for him not to receive it?
do not claim it
Good afternoon, I want to get married under a separation of property regime (Catalonia). My future husband and I both have property that is exclusively each of ours. I have read that if he dies I have the right to a percentage of the inheritance as a legitimate share. Is it possible to make a contract to WAIVE any right (usufruct...) by both parties at the time of death. Would that prevent me from having the right to receive a pension? We have been a de facto couple before a notary for 17 years. Thank you.
In Catalonia, the spouse does not have the right to a legitimate inheritance, in the absence of a will, but may have inheritance rights and may, in any case, be entitled to compensation due to the termination of the marital regime if the requirements for this are met.
What you need to do is make a will and have your common-law marriage properly established.
All the best
Hello, in an inheritance from my deceased grandmother and my deceased father, I am mentioned in the will. It goes to the people who have the right to it or by concept of legitimate, or forced reservation could correspond to them in the inheritance of the grantor, as long as said legitimate is not paid with the legacies and institution of inheritance rights, what will be arranged? Thank you, could you clarify what that means?
Hello, in an inheritance from my deceased grandmother and my deceased father, I am mentioned in the will. It goes to the people who have the right to it or by concept of legitimate, or forced reservation could correspond to them in the inheritance of the grantor, as long as said legitimate is not paid with the legacies and institution of inheritance rights, what will be arranged? Thank you, could you clarify what that means?
My mother passed away in April, and the will in favor of my father has not yet been opened. How can I collect my inheritance? And how long do I have to wait, since my father and I do not have a very good relationship?
The first thing you should do is get a copy of the will. As you are a daughter, you should have no problem getting it, except for the need to have the death certificate and the last will and testament. If you do not have a good relationship with your father and he voluntarily does not pay the inheritance, you should claim the inheritance through the courts.
Good afternoon.
My parents had lived in Catalonia for 70 years. Each of them owned half of three homes.
My father passed away 10 years ago, leaving a will and my three brothers and I as sole heirs. At that time we did not make any arrangements because my mother was still alive.
Three years ago my mother passed away and left a will, in which she bequeathed a home to each of my three siblings and I am only entitled to the legitimate share.
Due to a bad relationship with my brothers, I found out about this a few days ago, as they have notified me because they urgently need to get ownership of the houses, and they need me to liquidate both my father's and my mother's inheritance.
One of the houses has a mortgage of 60,000 euros, of which they have not told me how much is left to pay off. They are enjoying the rents that each house provides them, since they say that I own it in full.
My questions are: 1) To pay off the 60,000 euros, do I have to contribute the same amount as them?
2) Since half of the property belongs to my father and corresponds to us equally, is it true that they can keep all of the property that has been assigned to them, with only my mother's share being bequeathed?
3) Even though so many years have passed, can I benefit from inventory if I accept the inheritance?
I apologize for the length of my query, sincerely.
This page is not an online consultation, and without seeing any documentation it is impossible for me to give an informed opinion. If you wish, you can make an appointment with us and we will be happy to assist you.
Good afternoon. My case is the following. My mother-in-law died three months ago, but she left a will and an heir to her eldest son, because he was single and lived with her. But in a final note and made before a notary, this son, upon his death, left the universal heir to another brother, thus leaving his youngest son without anything (my husband). A week ago they called my eldest son (universal heir) to go to the agency to change the name of a vehicle since they wanted to give it to him. I don't know if my husband has the right to a legitimate inheritance? Do they want to use my son so that we don't claim? Thank you. Best regards.
I would need to see documentation to answer.
Good morning Mr. Luis.
We are three brothers. My mother made a will in which she left out one of my brothers. She didn't even name him in her will. My question is: does the brother who is not in the will as an heir have the right to claim the inheritance?
Thank you so much
Good morning, I wanted to know if it is possible to claim ownership of a grave. The grave is in the name of my grandfather who has already passed away. Most of my uncles have also passed away and I have no way of locating their children, since many of them do not even live in Spain. Is there a way to publicly summon the heirs of a person, for example in the Official Gazette, and if they do not show up, claim ownership of the grave in this case? Thank you very much,
You can require the heirs to state whether they accept or reject the inheritance. Depending on the law applicable to the succession, the consequences of silence (i.e. if they do not state anything) are different. In Catalonia it is repudiation of inheritance, but I do not know if this is the applicable law.
Hello. We are three siblings and our father has passed away. In his will he indicates that during his lifetime he donated to two of his siblings and that said donation corresponds to the legitimate share, leaving our other brother as the universal heir. Reading your very complete blog, I verify that this donation made during his lifetime to be considered part of the legitimate share, must be expressly stated in the title (deed of donation) that it corresponds to the former. So, I would like to ask you: 1. Is the premise that we previously stated correct? 2. The claim for the legitimate share; if applicable, is it made before a Notary or is it claimed judicially; 3. If it were considered part of the legitimate share; is the supplement to the legitimate share claimed before a Notary or judicially?
Thank you for your cooperation,
greetings
Nikolas
This page is not an online consultation, and for confidentiality reasons I must not answer questions online. If you wish, you can make an appointment and we will give you our opinion on everything.
hello
My brother is claiming the inheritance of my mother who died in 2010 from my father (heir by will). Both lived in Catalonia. The inheritance amounts to €19,000, including interest. Can my father pay with the corresponding share of a house where my brother lives that is owned by my father? If this is possible, if 7.% of that house were to be owed to pay the inheritance, would deeds have to be drawn up stating this percentage of ownership?
Hello again
I have not stated the value of the property, it is around €275,000. I don't know if it is relevant. Thank you.
We are four siblings, my father died 6 years ago, and my mother wants to update the will. In principle, when my father died, my mother was left as heir, although the four siblings could request the inheritance. Three of us decided to renounce the inheritance in favor of my mother, but the fourth brother did not take a position, neither renouncing nor claiming. My mother wants to be clear about whether, in the event of her death, my fourth brother can request the inheritance of both my father's inheritance and my mother's, since this would be 50% of the first and 100% of the second, that is, more than the real percentage if the will had been executed only once.
In addition, my mother wants to cover the amount of the inheritance with a property that, according to the appraisal, has a value greater than the amount of a quarter of the total assets divided among the four children. Is this possible?
Thank you so much
Hello. I have a question, I hope you can help me. My brother-in-law recently passed away, and my mother-in-law used to live with him and has now come to live with her other son, in other words, in my house. If there is no will, does she have the right to the inheritance? Thank you.
If there is no will, intestate succession is opened, and the widower will have rights. If the applicable law is Catalan, he will have the right to the usufruct of the entire inheritance.
Hello. I live in Catalonia. My mother, who passed away 5 years ago, named me as her sole heir in her will, but she also had another son, my brother, to whom she left nothing and he did not claim his inheritance as a forced heir. My brother also died a year ago, but he has a 24-year-old son. Could my brother's son also claim the inheritance that my brother never claimed? For how long could his son claim his father's inheritance?
Good night,
Is it mandatory for legitimate heirs to appear as landlords in a property lease contract, for the % assigned as legitimate, or is there a possibility that said contract be signed only by the universal heir?
Thank you.
Hello, my husband's parents owned a flat and a tower. My husband's mother has died. She had made a will in Catalonia and left the part of her tower to one of her daughters, and the rest, the flat and money, to her husband. They are three siblings. What inheritance can the other two siblings claim? Can they claim the inheritance of the part of the tower? Or since she has already named her daughter as the heir of her part, they no longer have any right to anything from that part of the tower.
Good morning.
We are 3 siblings. My father passed away 10 months ago and my mother was the sole heir according to his will. One of my siblings is claiming his right to the inheritance. Should the payment be formalised before a Notary? My mother also wants to give the other 2 children their share of the inheritance that corresponds to them, even though we do not claim it. Would it be correct to do so in order not to lose any assets when my mother dies?
Thank you so much
It is always advisable to pay the inheritance before a Notary. I believe I should not answer the other questions unless I am asked to do so professionally.
Hello, my father has disinherited me and I want to claim the legitimate inheritance, what the one who calls herself My mother, filed a lawsuit against me for Custody and Guardianship over my daughter (alleged mistreatment) and I lost the trial in which they took away my custody and guardianship and "parental authority", is this a reason why I do not have the right to claim the legitimate inheritance? Thank you.
It is a very delicate matter. It is best that you contact a lawyer, as I suspect that you will have to go to court.
Hello. A date has been set to formalise and settle the payment of the inheritance. We are 2 brothers. In the event that one of them does not show up, supposedly because they do not agree with the amount, would the act be valid?
Thank you
If there is no agreement between the giver and the receiver, there is really no delivery.
Good afternoon. I will explain my situation. My mother died 36 years ago. My brother and I were minors. We never asked my father for legal custody. Due to life circumstances, the apartment in which we lived was not registered at that time. Also, during my mother's lifetime, they bought a second residence, which had the land registered in the name of my father and mother.
For personal reasons, I have not had contact with my father for 26 years. He contacted me to sign because he wanted to sell the second residence. Looking in the registry, I have verified that the apartment he bought with my mother in 1965, is recorded as having been bought and registered in 2001 in his name. Is this legal? Because neither my brother nor I have signed anything. How is a sale recorded in 2001? The truth is that I don't understand anything. Can you advise me? And what should I do about it? Because he bought that apartment while my mother was alive in 1965. Thank you.
I cannot answer without seeing any type of documentation.
Well, I wanted to know if my father can register in his name only an apartment purchased while he was alive with my mother already deceased and without our signature.
thank you
I CANNOT ANSWER YOU WITH THAT INFORMATION. I IMAGINE THAT YOU ARE REFERRING TO A WILL. IF YOU NEED HELP, CALL US.
I'm from Barcelona.
My father died this April 2017 and left me as the sole heir and my sister as only the legitimate heir.
My father left only money in his will since he had been living in a nursing home since 2015.
My sister, apart from the 12.5% of the legitimate inheritance, asked me for the 3% of trousseau. But my father had nothing.
That 3% is correct if he lived in a nursing home and did not own any property.
These are questions that I do not think should be answered online. The concept of trousseau is more of a presumption of assets for tax purposes, but for the purposes of calculating the legitimate portion you must adhere to what the law says, which you can consult in the entry.
My husband passed away three years ago, he left a will in favour of our three children, leaving me as the usufructuary of everything. We had three properties and he left each property to one of the children, there was no cash in their name, one of my daughters is asking me for the legitimate share of the flat that was left to her (I am the usufructuary and there is a trust) since my husband wanted me to have ownership of it. I know that he is entitled to 8.33% of 50% of the value of all the assets, but if the flat has fifty percent of it, is that also a higher value?
Let's see. This website is not a consulting room. Without seeing the documentation, I cannot answer at the risk of misleading you.
A question. When Article 464-17, section 3 of the Civil Code of Catalonia refers to: “Once the succession has been opened, the co-heirs who would be beneficiaries of the collation may renounce taking advantage of it,” does this mean that if the non-donee forced co-heirs renounce the inclusion of donations made during their lifetime that are collatable, the inheritance will remain entirely for each of them, whether they are donees or not?
Is there a registry of donations like there is for last wills?
I am the heir to the assets of my wife and my legitimate children. If I pay their inheritance with a property from the hereditary estate, which is greater in value than the inheritance... Does the Treasury consider this a donation?
Thank you
Most likely
There is no record of donations. The other questions are sufficiently extensive and complex, and should not be answered through a channel like this, and even less so without seeing any kind of documentation. If you wish, please make an appointment with us.
Good night.
My parents were married in Catalonia and they said they had become brothers.
In 2014 my mother passed away and my father, after paying all the costs, put EVERYTHING in his name.
We are two brothers, do we have a right to something from “my mother’s share”????
Currently, my father is living with a much younger girl, can he leave everything to this girl when he dies???
Are my brother and I entitled to anything when he dies?
As a note, I will say that the relationship with my parents has always been good, as well as with my father at present. Thank you.
If you want, make an appointment with us and we can inform you of your concerns, because as you put it to us, they are impossible to answer.
Good evening, my question is the following:
We are going to sell my mother's flat (in Catalonia), she has been a widow for 14 years, but we do not have my father's acceptance processed. At the time, each of their wills were from one to the other when one of them was dead, and when they died, in equal parts for the 4 children. But due to family circumstances, my mother modified her will a few months ago (we are 4 siblings), disinheriting one of them and leaving another with only the legitimate share, leaving me and my sister as heirs.
My question is whether, when we sell my mother's flat, any of my disinherited siblings can claim some of my father's share of the inheritance.
Thank you
This website is not an online consulting room. It is very risky to respond with the information you provide us with, as it could lead you into error. If you wish, you can arrange an appointment or view the necessary documentation and we can give you our opinion.
Hello, my grandfather has given me a house valued at €72,000 through a private attribution agreement. Could his two daughters claim my inheritance? Thank you in advance.
In principle yes
Hello Luis, first of all, I would like to congratulate you on this page, which has been of great help to me so far, as it contains highly reliable information.
My question is the following: if a flat is left half-paid after the collection of a life insurance policy associated with the mortgage, to calculate the legitimate share, is the value of the flat used before or after the debt has been repaid? Thank you in advance.
I believe that the debt is extinguished upon death, since the beneficiary is the bank.
Hello, good morning, my father has asked for the inheritance and we are with lawyers. The problem is that they cannot find the person we are looking for to serve him the petition. They go to the flat but no one opens the door. After several attempts to serve it, could the judge dismiss the petition?
It is a question that your lawyers must answer.
Good afternoon,
In an inheritance in which there is cash and shares in a limited company (nominal value 25,000 euros but I think the market value is much higher), and there is no will. The heiress is the common-law partner and the parents would be the legitimate heirs (since there are no children). Would an agreement made at a notary's office be valid, simultaneously with the acceptance and award of the inheritance, in which the heiress agrees, once everything has been inherited, to transfer the shares to the parents in exchange for a certain price, and that the parents in turn also renounce the legitimate share? The company actually belongs entirely to the father, and we want to somehow solve the problem so that the shares remain with the parents and not with the heiress. The problem is that the heiress must accept the inheritance in its entirety, including the shares... would this be valid?
Thank you so much
Your answer is too complex to be able to answer this way, which I remind you is not a professional advice. Many of your questions are answered on this website, in the entry, referring to the renunciation of the legitimate inheritance in Catalonia, which you can find in the section on successions.
all the best
Hello, my parents left a house to my children (their grandchildren) in their will, but this house is used as collateral for a mortgage owned by my brother. What consequences could this collateral have for his grandchildren who are heirs?
Thank you
Well, it will continue to be a “guarantor” until the loan is paid.
Hello, I am a legitimate heir and I do not agree with the heir's proposal. Can I ask the notary to draw up a record to see all the notarial documents granted by the deceased in the last 10 years to get an idea of the estate and whether there are any donations?
Thank you so much
There is an application that we notaries have available, which allows us to know all the notarial documents granted by a deceased person since 2004. If you are interested in the service, which is paid, you can contact us.
THANK YOU for your prompt response. If I do not reach an agreement with the heir, I will certainly contact you.
Good morning, Mr Prados.
When my father died, I discovered that the accounts in which I was jointly the owner with my parents were being emptied and transferred to accounts in the name of my mother and sister. This forced me to legally claim my father's inheritance, for which I had to report my mother, who became even more closely linked to my sister, almost destroying the relationship.
Three years ago my mother passed away, and to prevent her from claiming her inheritance, my sister did not inform me and I was not able to attend the funeral.
I just found out that my sister passed away 14 months ago.
My sister has a husband, two children and two grandchildren.
Can I do something to claim my mother's inheritance, or have I already lost the opportunity when the heiress dies?
Thanks for your reply.
The only legitimate inheritance that is extinguished if not claimed during life is that of the parents with respect to deceased children. In principle, it can be claimed, but it will be through judicial means, and it has not expired (10 years since death).
But who do I have to claim it from if my mother's heiress, my sister, has passed away? Thank you for the answer.
to WHOM IS HIS HEIR
Good afternoon
My grandmother died in 2004, my mother, her only daughter, has not accepted the inheritance. She now has three months to live. There are two of us brothers. There is only one house valued at €150,000. How much do we have to pay and how much is the legitimate share that corresponds to us? Thank you.
Come by the office and we will gladly assist you
Good morning.
My mother has passed away in Catalonia and my sister and I are heirs, while a third brother is only a legitimate heir. Will the three of us have to go together to the notary when we accept the inheritance? Or will we both accept the inheritance and then be in charge of giving him the legitimate share that corresponds to him?
Thank you so much.
Please stop by our office and we will be happy to assist you. For reasons of confidentiality, the nature of your question should not be answered by this means.
Good afternoon
In June my father passed away and left his share of the inheritance to my mother. The will was drawn up for this inheritance of 140,000 euros and the inheritance tax has already been filed.
Now he wants to give me and my sister the legitimate inheritance (25% in Catalonia)
Should we then make a new settlement of the inheritance tax? Should we go to a notary to have the issue of the inheritance recorded?
Thank you so much
You must file an inheritance tax return. Regarding the issue of making a deed, unless you are going to receive property, it is not necessary, but it is advisable.
Good afternoon,
My widowed father died a few months ago. He had three children. He left me as the sole heir of two houses in Barcelona and the money in the current accounts, which was symbolic, in equal parts between the three brothers. The reason is the great age difference with my two brothers, about 20 years old, and that during their lifetime, my parents had already given them assets. One brother is happy, but the other is going to claim the inheritance from me. The one who is going to claim the inheritance from me received, through a simulated sale, more than ten years ago, a piece of land worth more than the current inheritance. My father mentions in the will that since the two brothers received assets from their parents during their lifetime, they should respect their will.
Can this brother claim my inheritance? Do the words in my father's will have any force stating that they already received property during his lifetime and that his wishes should be respected?
These are not issues to be discussed online. Make an appointment and we will be happy to assist you.
Juan Carlos
My question is, on what amount is the Legitimate calculated, having a house to inherit, based on the cadastral value?
that has been stated in the inheritance deed, or on the value of any possible sale that may be made later.
On the actual value at the date of death
Good afternoon.
My mother has passed away and my brother and I are heirs to the money she left, 80% and 20% respectively. We have a third brother who is only a legitimate heir. How should we pay the legitimate heir? Should each of the three of us be entitled to that legitimate heir and, once it has been deducted, should my brother and I divide the rest 80-20? Or should we divide all the money between my brother and I 80-20 and from there pay the legitimate heir to our third brother in the proportion that corresponds to each of us?
Thank you so much.
To give you an informed opinion you should see the will. The legitimate share is 1/4 of the inheritance, to be divided among all the legitimate heirs. The third brother should be paid 1/12, and the rest is divided among the heirs. Each one should receive at least 1/12.
Good morning,
My father has passed away and has left my sister as his sole heir and has disinherited me from my inheritance due to lack of relationship (it is in Catalonia). I do not agree and I know that I could challenge the will and claim it judicially, but this would entail a significant financial expense for a lawyer, attorney... I have children and from what I have been reading it seems to me that, if I have been disinherited, this inheritance could pass to my children. My question is, how do I have to do it so that it goes to them? Thank you very much.
Contact the heir. It is up to him to prove the cause of the disinheritance.
Good morning,
My father-in-law has passed away and in his will he leaves everything to my mother-in-law. The children have the legitimate share but my mother-in-law wants to make them renounce it by signing a document. What does renouncing mean? We are from Barcelona.
Renounce. It is not to assume any benefit or burden of the inheritance.
Good morning,
In Catalonia, are heirs obliged to present to their legitimate heirs the will and the deeds of acceptance and valuation of the inheritance?
The legitimate heirs may request a copy of the will. In principle, it is the heirs who must contact the legitimate heirs for payment of the inheritance, since the credit in question accrues interest.
Thank you very much for responding so quickly.
I was referring more to whether the legitimate heirs can demand (by positive law) the presentation of the will and the acceptance deed (valuation).
On the other hand, once the payment of the legitimate portion has been proposed, two questions arise for me:
1. How much time does the legitimate heir have to accept or reject the inheritance?
2. What happens if the legal representative does not respond to the payment proposal?
3. The interest accrual period is suspended when payment of the legitimate claim is offered.
I think all your questions are answered in the entry. But you must understand that this website is not an online consultation. If you want, stop by the office and we will be happy to assist you.
Hello good
My question is the following, my father passed away in December 2018, they had money and a flat in Catalonia, they lived in Cordoba, the flat was in the name of my mother and my father and my mother tells me that my father left half of it to my brother, my question is if I have a legitimate share of that flat and if so, how much would it be if it is worth 180,000 euros, which is a third? Thank you.
This website is not a free online consultation. Furthermore, with the information you provide me it is impossible to answer. If you wish, make an appointment and we will be happy to assist you.
My question is whether household goods (3% of the estate) should be deducted from the inheritance or not in Catalonia
It is a matter of agreement. The 3% of trousseau is a fiscal presumption. It may actually be more or less. That real value is the one that must be taken into account for the calculation of the legitimate
Hello Mr. Prados, first of all I admire the time you spend in answering so many people. Your willingness to inform and guide us on things that we do not know about in difficult times for some is appreciated… thank you for your time.
My case is simple… My father abandoned us when my brother was months old and I was about 2 years old, he left my mother alone with two children and a mortgage to pay in difficult times in the years 79-80, he never paid child support and never came to see us, my mother worked 3 jobs to get us ahead and paid a woman to take care of us but this woman cheated on her and stole from home and made expenses in our house cooking for her house and making phone calls… etc etc… my mother had to explain to us that we had to be responsible as children and do things ourselves, my mother worked all day and we raised ourselves alone, my brother and I, years later we wanted to see our father because we didn’t know anything about him, he never called not even on birthdays or anything, totally abandoned… that day that we got his phone number we tried to go see him but he didn’t come to look for us and we had to go by train, the two of us alone, my mother worked… my brother was about 8 or 9 years old and I was about 11 or so or so At least, I don't remember the age well... that day I found out that my father was with another married person and I felt terrible, besides the fact that I didn't see any interest from my father in us, among other things that I'm not going to explain because I'm crying... unfortunately we returned home again by train "WHAT A GREAT DAD" (the phrase my father told me before we left by train).
“When you grow up you will understand” has left its mark on me and I will never forget it)
After this I cried like never before when I came home… he never called us on our birthdays or anything… and the birthdays were close to those days that we went to see him… that’s when I felt like we were nothing to him, that he didn’t love me and I accepted that pain, I felt like shit… my brother and I are marked by all this, my mother has suffered so much that I think she hasn’t done well for working so much, I started working early since I was 14, my studies didn’t motivate me, I suppose that like my brother life stops making sense and you just survive without thinking about anything, when we were of age my mother kicked me out of the house when I was 19 and I walked out the door with a backpack… with nothing more than a job that gave me enough to survive and sleeping at friends’ houses and sometimes on the street… my brother left when he was 22 and with a girlfriend older than him and he did well, but we lost contact for years, we argued a lot… I suppose because of the frustration of not feeling loved by the people we loved. They should give everything for us, we don't even have a photo with my father together or separated from my brother... My mother raised us as best she could and I understand her and love her but she also hurt me, I suppose the stress of working so hard to raise two children paying for rent and without support ends up affecting your personality and soul... I am now 42 years old and my father recently passed away, he disinherited the two children, according to the first will he left the legitimate share for us and the rest to the 3 siblings from his second wife because they did not have children. This lady didn't like us because we were the children of another woman, and when my father got sick she didn't tell us anything (I suppose because they were interested in it for the inheritance)... 2 months before my father died, the brothers of the second wife made them change the will, my father's second wife is 81 years old and takes a lot of medication and my father was 68 when he died... I doubt that at that age and my father being sick with multiple things (Cancer, metastasis, heart) she had any knowledge of what they were doing, I think they were coerced by this woman's brothers to keep everything... my lawyer has told me that we MAY be entitled to the inheritance, but I would like to know your opinion if you are so kind... on top of that, they divided the apartment into 75% for her and 25 % for my father so that we would receive less inheritance... they claim that we have abandoned our father and that he did not have a penny and I suppose that they have already emptied my father's accounts, I have worked 22 years in a hospital and I have seen many of these things about inheritances, such as stealing keys and robbing the apartment of everything they could and a thousand things as you know... but what has hurt me the most is that they did not notify me when he was ill, I would have gone to see him, they denied me the last moments of my father... I have cried a lot from anger and pain remembering all this... so, when you can and if it does not bother you and when you have time, I would appreciate your opinion and based on your experience how this can end.
We are from Catalonia and are governed by the Catalan inheritance law…
If you have read all this, I thank you, and as I have already mentioned, your opinion would be of great value.
Kind regards, Chris. Greetings.
Please summarize what worries you.
Good afternoon,
My husband passed away four years ago (Catalonia). The deed of acceptance of inheritance states that my children received a property as part of the inheritance and the rest was pending without any waiver being recorded. Now I would like to be able to make a monetary donation to them of the pending part of the inheritance. My question is whether it is obligatory to record this by means of another notarial document or whether it can be done by presenting a document between individuals at the tax office.
Thank you so much
What you should value is that the document is well done. Although writing is not essential
Good morning.
My mother-in-law passed away a year and a half ago (Catalonia). My father-in-law says that he only left my wife and her brother some money to share when they need it. Who has to pay that money and when? I understand that he? Everything else is his. Can that be so? The children are not entitled to a quarter of everything they had between them… house, car, apartment… I understand that this is the legitimate truth and that if a claim is made, it is he who has to make the payment?
The children have not seen the will either. What do they have to do to see it?
Thank you
This website is not a consulting room. Go to a professional
I have a question. My brother is disinherited due to a lack of relationship with my father. He is now legally incapacitated due to Alzheimer's and his missing brother is going to visit his totally incapacitated father to challenge his will.
First of all, thank you for your advice. My question, Mr. Luis, is the following. I made a will and left a flat as legitimate inheritance to my only son and universal usufruct to my wife of said flat. Now I want to sell the only asset I have, which is said flat. The flat is in my name and separation of assets. If I sell the flat and spend all the money and I have no assets in my name, can my son ask for the legitimate inheritance? I am in Catalonia, thank you.
I am married and our only asset is the value of our house, which is worth approximately €400,000. We have two children. Our marital regime is one of separation of assets, since we live and got married in Catalonia.
I understand that the legitimate share is 25% of €200,000, that is, €50,000 (The house belongs to us at 50%, since it was bought after the marriage), to be divided between my two children.
If one of us dies (I mean my wife or I), can my children claim the €50,000 in cash from the surviving spouse? And if we don't have the money to give it to them, what can be done?
In Catalonia, can a father make a donation of an apartment while he is still alive, stating “NOT COLLACIONABLE” so that it does not enter into the calculation of the legitimate inheritance?
thank you
In principle yes, but with limitations. A precise answer would require a lot of data.
The best thing is for you to make a will and ask the notary all your concerns, who will surely give you an answer in accordance with the law.
Mr. Prados, I congratulate you for writing this article in such an understandable and simple way, but I would like to present a specific case to you.
It is about the testator (Catalan civil law), in his will, naming his son as universal heir and then providing “as payment of legitimate inheritance, two specific flats 1º1ª and 1º3ª”.
The question is as follows:
Once the entire inheritance has been valued, it does not cover the legitimate portion, between 90 and 60 thousand euros are missing.
It would then be correct to accept the inheritance, protect the two apartments from litigation, and then request the supplementary inheritance on the basis that the provisions do not properly cover the payment of the same.
Normally, these disputes, when there is no agreement (which there is not), last for many years, and that is why one part is saved and the rent is started, and not to open a trial on part of something that has already been won and another part that needs to be discussed. To make money on the first part, which is the two flats, without losing the right to demand what is missing.
With the agreement of all parties, they can do whatever they want, but I cannot tell you more, because the question is too complex, and I would be commenting on conjectures and not on concrete data.
GOOD MORNING
MY FATHER DIED IN SEVILLE IN FEBRUARY 2010. HE DISINHERITED THE THREE OF US BROTHERS AND LEFT THE HEIR TO HIS LAST RELATIONSHIP. (AT THAT TIME ONLY TWO OF US BROTHERS HAD CHILDREN, AND THEY ARE MINORS)
SINCE I DID NOT AGREE WITH THE DISINHERITANCE, WE WENT TO COURT BUT I LOST THE COURT IN MAY 2016. (AT THAT TIME, THE GRANDCHILDREN OF THE 2 BROTHERS WHO HAD CHILDREN ARE 18 YEARS OLD, 18 YEARS OLD AND 16 YEARS OLD)
AS OF TODAY, THE HEIRESS HAS NOT YET ACCEPTED THE INHERITANCE. BUT THE HEIRESS HAS CURRENTLY CONTACTED US TO OFFER THE LEGITIMATE TO THE GRANDCHILDREN. WE KNOW THAT THE LEGITIMATE HAS NOT PRESCRIBED BECAUSE THERE WAS A TRIAL IN 2016 AND BECAUSE THE GRANDCHILDREN WERE MINORS AT THE TIME OF MY FATHER'S DEATH.
NOW MY LITTLE SISTER HAS A 1 YEAR OLD BOY, THAT IS TO SAY ALL 3 OF US BROTHERS HAVE CHILDREN.
WHAT AMOUNT IS THE LEGITIMATE STOCK? HOW SHOULD IT BE DISTRIBUTED AMONG THE GRANDCHILDREN? DOES IT CORRESPOND TO THE GRANDCHILDREN BORN AFTER THE DEATH OR TRIAL?
THANK YOU SO MUCH
My sister has inherited my mother's house, which she will sell. To collect the inheritance, do I have to wait until she has sold it? This is in Catalonia
It is a matter of agreement between parties
Hi, I'm just curious. If I make a will that my inheritance goes to my husband and vice versa, can my children claim their inheritance if one of us dies? Can some kind of economic clause be included? If they claim it, will they be considered to be paid €1 until the other spouse dies? And do they inherit everything?
These are very delicate questions to answer by this means. Go to the Notary and ask him all your questions.
Good evening, my parents owned a flat with a survival agreement according to Catalan legislation. My father passed away recently, we have done all the necessary paperwork and paid the corresponding taxes so that my mother can inherit the flat. But when we went to the property registry to register the property in her name, we received a negative resolution indicating that the property is registered in the name of both of them in undivided halves with a survival agreement, something that has not been taken into account when settling the inheritance. What does this mean? We have taken all the steps that were indicated to us. What else should we do? Thank you very much.