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.
Buenos días Luis,
Mis suegros tiene dos inmuebles sin cargas. Unos de los inmuebles se lo vamos a compra mi marido y yo, dándo una entrada y pagándole un importe en concepto de cuotas.
Mis suegros tienen testamento dónde si fallece uno de los dos, queda como heredero universal el otro. En el caso que alguno de los dos falleciera, me gustaría saber si los hijos del matrimonio (son en total 2 dos hermanos) podría pedir la legítima y si es así, si es posible “ampliar” el testamento y especificar que los hijos renuncian a la legítima en vida.
Thank you,
arish
Buenos días de nuevo Luis, nosotros vivimos en Catalunya.
Si y no. Es decir los hijos pueden reclamar la legítima, y la renuncia a la legítima, en vida, debe partir de una donación en la que se reciben bienes, y como consecuencia de ello, renuncia al suplemento de legítima. Una renuncia incondicionada no es posible,
Buenas tardes, quisiera saber si es posible demorar el pago de la legítima durante unos meses. Esto es porque para realizar el pago, se debería reintegrar una imposición de plazo fijo con tipo de interés y penalización elevados. Se haría en febrero 2016.
La aceptación de herencia está hecha y se está a punto de realizar el cambio de nombre del dinero en los bancos.
La duda nos surge porque en la aceptación de herencia se dice” que se hace entrega del dinero procedente de una determinada cuenta bancaria (la del plazo) dando carta de pago del importe, el cual recibirá una vez haya dispuesto la heredera de dicha cuenta”.
¿cómo podríamos salvar la situación?
Thank you so much
Con acuerdo del que debe recibir el dinero todo es posible. Si no se paga la legitima devenga interés.
hello.
mi padre ha fallecido recientemente y ahora estamos mi madre y 4 hermanos ( uno de ellos desaparecido desde hace 5 años sin motivo y en paradero desconocido )
al no haber testamento ,( de la única propiedad que hay el piso en el que actualmente esta viviendo mi madre )como debemos proceder para dejar fuera de todo sin derecho a nada a este hermano desaparecido , como era deseo de mi padre ?
como podemos demostrar que no tenemos relación ninguna con él ?
buenos días
tengo una pregunta acerca del pago de legítimas que no se resuelve en las preguntas publicadas
puedo plantearles la consulta? a través de este comentario?
una persona fallecida tenia tres hijos, uno se murió antes que su padre sin descendientes, otro también murió antes que su padre pero con hijos y el tercero aún vive. Como se calcula la legítima? la que le tocaba al muerto sin hijos se suma a los otros dos hermanos? que pasa con su parte? la de los nietos del segundo hijo entiedo se reparten la parte de su padre es así?
A los nietos les corresponde la misma parte que a su padre, a repartir entre todos ellos. Si el hijo fallecido no dejó hijos, su parte corresponde a los otros.
En Cataluña. Soy divorciado y tengo 2 hijos que son herederos de su abuelo que murió en Mayo por haber fallecido también la que era su madre. Mi consulta es porque a habiéndose realizado las particiones, a uno de ellos solo le corresponde la legítima, a este último nadie le ha avisado de que lo le corresponde. Ni tan solo que le corresponde esta legítima. Yo conozco esta situación porque mi otro hijo me ha informado de ello. Tengo miedo por las consecuencias de esta omisión de información a su hermano. Conociendo el notario la existencia de esa legítima ¿No está obligado el notario a comunicar a los beneficiarios su derecho? Gracias
No hay obligación de comunicar. Lo que debe tener en cuenta que la obligación de pago corresponde al heredero, y si no paga, la legitima devenga interés hasta el pago y desde el día del fallecimiento. Reclame usted la legitima, para que no haya problemas de prescripción
Se ha dictado sentencia , en primera instancia, sobre reclamación de legitima en la que obliga además del pago de le legitima (en bienes o dinero) también del interés legal del dinero desde la muerte del causante . Entiendo que hasta la sentencia se aplicaría el interés es el legal del dinero de cada periodo. Pero surgen dos preguntas sobre el pago de los intereses.
a.- ¿a partir de fecha de sentencia se utilizaría el mismo criterio (legal del dinero) o sería de aplicación el calculo en base a interés procesal (legal dinero + 2 puntos) ?
b.- la sentencia indica que le legitima se podrá pagar con bienes o dinero , pero nada indica en relación al pago de los intereses . ¿ se puede exigir el pago de intereses en dinero?
Thank you so much
Respecto del interés, interpreto que es el que diga la sentencia. Respecto del pago, a mi entender se puede optar por el pago en dinero, pero si se opta por el pago en bienes y el legitimario no está de acuerdo, decidiría el juez en equidad.
Good afternoon,
Vivo en Catalunya. Estamos casados en régimen de separación de bienes y no tenemos hijos.
En nuestro caso uno de los cónyuges tiene un caudal bastante superior al otro, por lo que el régimen de separación de bienes tiene importancia. Por otro lado, no existe buena relación con el padre de éste cónyuge (que, para más señas, es viudo). Según tengo entendido, si el padre sobreviviese al hijo, el 25% de la herencia del hijo pasaría automáticamente a su padre en concepto de legítima.
Me surgen 2 dudas que me gustaría ver si me las puede aclarar:
1) En caso de que el padre falleciese antes que el hijo, ¿los herederos del padre tendrían derecho a ese 25% de legítima que le hubiese correspondido? Supongo que no, pero le agradecería que me lo confirmase…
2) Esto es un poco más “creativo”. Para evitar el desequilibrio entre el patrimonio obtenido durante el matrimonio por cada uno de los cónyuges, supongo que se deberían hacer las correspondientes capitulaciones para pasar a régimen de gananciales ¿Se podría hacer esa capitulación con una cláusula suspensiva de tal forma que el paso a la sociedad gananciales surgiese efecto en el momento en el que fallezca uno de los cónyuges y no antes?
Muchas gracias por su inestimable ayuda!
Enrelación con la primera pregunta si el padre legitimario, fallece sin haber reclamado la legítima, ésta queda extinguida.451-25 CCCat.
Respecto de la segunda cuestión, lo veo difícil, pues solo surte efectos el régimen matrimonial frente a terceros con la inscripción en Registro Civil. Pero una fórmula muy parecida se podría llegar a encontrar, para lo cual habría que estudiar sus respectivos patrimonios e ingresos.
MI HERMANO COMPRO UNA CASA Y EN LA ESCRITURA HIZO PUSO A MIS PADRES COMO COMPRADORES, Y EL DIA QUE MUERAN EL EL BENEFICIADO, PERO MI HERMANO MURIO ANTES QUE MI PADRES Y MI PADRES MUERE A QUIEN CORRESPONDE LA CASA A LAS HIJAS DE MI HERMANO O A SUS HERMANOS
Hay que ver los testamentos o quienes son lo herederos a falta de testamento.
MI MADRE DEJO UNA PAPEL CERTIFICADO DE LA CASA PARA SUS NIETAS
DONDE LA PUEDO BUSCAS QUE SE LAS DEJA
Una herencia de dinero para 3 hermanos. Uno de ellos cobra pensión con complemento al mínimo.
Si cobra la herencia pierde el complemento al mínimo que cobra mensualmente durante un año. Ese heredero tiene una hija. ¿Qué tendría que hacer el pensionista para no perder el complemento al mínimo? En el testamento no esta escrito que pueda renunciar a la herencia en favor de su hija.
Por prudencia no puedo responder sin ver ninguna documentación. Pregunte en el organismo que paga la pensión.
Apreciado Luis,
Por su respuesta entiendo que la capitulación para acogerse al régimen de gananciales no se podría inscribir en el registro civil con esa cláusula suspensiva de que surja efecto al fallecer uno de los cónyuges ¿Correcto?
El objetivo de esta “maniobra” (si es que se puede llamar así), es el de mantener el régimen de separación de bienes mientras viven ambos cónyuges (para proteger los patrimonios en caso de separación/divorcio), pero pasar sin más al régimen de gananciales en el momento del fallecimiento de uno de los cónyuges (en el caso de que el matrimonio no se rompiese).
Tal y como comenta, supongo que lo mejor es que me ponga en contacto con una notaría para plantear el caso ¿O piensa que esta cuestión sería más de un abogado?
De nuevo, muchas gracias por su colaboración!
Exacto. Yo creo que es más una cuestión de notaría, pero que se precie de serlo. es decir no vaya a usted a una factoría de documentos. Lo que usted plantea no deja ser un régimen de participación en las ganancias. De modo que acrecentando el crédito de participación y señalando que deba pagarse en bienes tiene usted el tema más o menos solucionado. Lo que es indispensable, que el tratamiento sea el mismo para ambos cónyuges.
Hola, Mi padre murió sin dejar testamento y tampoco tenia nada a su nombre, bastantes años después murió mi abuelo y el si que tenia varias propiedades. El problema está que todo lo que tenía lo donó a los hijos (mis tíos) incluso hizo ventas por valor de 0€.
A mi y a mi hermano, nos pertenece legítima?
yO CREO QUE SI. PERO DEBERÍAMOS VER EL TESTAMENTO
Good afternoon,
Mi padre falleció hace muchos años, tenía tres hermanos. Mis abuelos fallecieron hace cinco y dos años, en Cataluña. No he recibido notificación de ningún notario para la legítima pero me consta que tenían bienes inmuebles en Catalunya y Francia. Cómo puedo saber si me corresponde legítima?
Thank you so much
Pida un certificado del registro de últimas voluntades para saber si sus padres y abuelos otorgaron testamento. Salvo que le hayan desheredado usted tiene derecho a legítima. Ningún notario tiene que ponerse en contacto con usted. Son los herederos.
Buenos días, la situación es la siguiente:
Mi abuelo falleció hace 3 meses, en su testamento consta instituido heredero mi tío. A mi padre, de edad avanzada, no se le atribuye nada en concepto de legítima y eso porque según el mismo testamento, se le habría donado en vida bienes suficientes imputables a la misma. Al margen que entendemos que la donación a la que se refiere, que la hubo, no se puede imputar a la legítima, si realmente fuera imputable su importe tampoco cubriría la 1/8 parte del cabal hereditario. A razón de lo anterior las preguntas que se me plantean son las que siguen:
Para que el heredero acepte la herencia y mi padre pueda conocer la relación de bienes que se incluyen así como su valoración, y pueda en su caso oponerse formalmente, que pasos tenemos que dar (teniendo en cuenta que el heredero no mueve ficha).
Para evitar que mi padre esté en primera fila, puedo yo representarle en todos los actos previos a una eventual reclamación judicial mediante, por ejemplo, un contrato de mandato representativo? O son actos personalísimos.
Puede mi padre, o yo a través del contrato de mandato representativo, solicitar copia a los notarios correspondientes de los testamentos revocados que aparecen en el certificado de últimas voluntades si en ellos mi padre consta como heredero o legitimario?, hay alguna resolución de la DGRN que trate la materia? .
Thank you so much
La actuación suya será, en primer lugar, la de reclamar la legítima al heredero. Si van por la vía judicial podrían requerir la entrega de toda la documentación necesaria. Su como hijo puede pedir copia del testamento.
Su padre puede darle un poder.
El tema de pedir copia de los documentos revocados, depende un poco del criterio del notario, que tendrá en cuenta su contenido. Por vía judicial se podrán pedir considera conveniente saber su contenido para resolver el asunto tratado-
Recibí un 25 por ciento de una casa de herencia, ¿si me separo de mi mujer a ella le corresponde algo de esta?.
En Cataluña.
Thank you.
Como propietaria no. Otra cosa es que en el procedimiento de separación o divorcios pueda atribuirse el uso de la vivienda habitual a su esposa, aunque fuese suya.
Hello,
Tengo una gran duda.
Mi madre cobró hace unos días la legítima y el notario le dice que lo tiene que notificar a hacienda la cantidad percibida. Ésto le cuesta 220€.
¿Es obligatorio notificar la cantidad percibida a hacienda y hay que pagar por notificar?
Muchas gracias!!!
No se muy bien a que se refiere. Si esos 220 euros son impuestos, pues tendrá que pagarlos. Si se refiere al trámite de presentar u a declaración fiscal en Hacienda, de cuota 0 euros, es una cuestión suya pagarlo, hacerlo por usted misma o contratar otro profesional.
Perdón, quizás no me expliqué bien. Cobrar una legítima está libre de impuestos? O existe un porcentaje establecido por Hacienda que cualquiera tiene que pagar?
La legítima es de mi padre pero al estar incapacitado por enfermedad, mi madre es la tutora legal.
Thanks for your reply.
Hay que ver la legislación fiscal aplicable. La legitima devenga impuesto de sucesiones como cualquier otra adquisición por causa de muerte. Para calcular este impuesto habrá que tender en cuenta el grado de parentesco (en ese caso solo se puede ser hijo o padre) y alguna circunstancia mas. En Catalunya hasta 100.000 euros, tratándose de herencias entre padres e hijos, no se paga nada. Si el heredero está incapacitado tiene otra reducción de 650.000. Es decir, por lo que nos dice, y salvo que su padre haya heredado más de 750000 euros, no debería pagar nada.
Lo mejor que puede hacer es que le expliquen todo. Yo no puedo opinar sobre su caso, sin saber ningún dato.
All the best
Hola, estamos pensando en separarnos, y no llegamos aun acuerdo con el piso de propiedad.
Mi mujer cobra una pensión no contributiva de 1150 euros.
Yo cobro 1400.
Tenemos un hijo de 20 años.
Mi mujer tiene un cuarto de la vivienda de su madre, con sus tres hermanas, heredada de su madre, no vive nadie.
Yo le digo que lo pongamos en venta o que le compro su parte, ella dice que me vaya yo de alquiler.
Nuestro hijo ahora está estudiando fuera del país y le da igual con cual de los dos vivir.
¿Legalmente que podemos hacer con la vivienda?
Si no hay acuerdo, tendría que ser un juez el que determinare, muy probablemente, por sorteo.
Buenas noches, me gustaria saber si jurídicamente un aval se puede considerar como donación en derecho sucesorio…
Si un padre avala a su hijo con su finca ante el banco para financiar su actividad empresarial y llegado el momento se ve obligado a vender la finca para saldar la deuda de su hijo que el banco le exige, se podria considerar esta operación como una donación computable a efectos de legítima para los hermanos legitimarios de la herencia del padre ?????
Thank you so much.
Es un tema dudoso. Efectivamente se podría haber documentado (si no se ha hecho) para que así fuese. Lo más aconsejable sería que dejase hecho testamento en tal sentido.
El papá de mi hija falleció a principios de este año yo quiero saber si mi hija tiene derecho a reclamar la legítima por que la familia de el no se han puesto en contacto con ella para decir si estaba en el testamento o no
en principio si. Pida una copia del testamento
mi padre ha fallecido en cataluña, mi madre vive, somos dos hermanos, él tenía una cuenta corriente
con mi hermano y otra con mi madre, ninguna conmigo. Por sus respuestas sr Prados CREO me pertenece la legítima del 50% de cada una de las cantidades existentes en las cuentas corrientes al día de la muerte.
El notario no tiene que ponerse en contacto conmigo por mi derecho a la legítima si a los herederos del testamento de mi madre, sin ser heredero no puedo conocer el dinero que me pertenece si no me lo dicen mi hermano y mi madre, ella cobra pensión superior a la media no le pertenece la cuarta viudal, y hay que deducir gastos del entierro y de la enfermedad por la que falleció mi padre, no he recibido donaciones.
Las preguntas son
sin ser heredero puedo saber el dinero de las cuentas corrientes por tener derecho a la legítima.
Deben de decirme mi madre y hermano la sucursal y banco donde tenían las cuentas corrientes. Si no lo hacen que debo hacer.
Si la notaría donde se haya hecho el testamento no tiene que ponerse en contacto conmigo por no ser heredero, pueden mi madre y hermano quedarse con el dinero de las cuentas corrientes conjuntas, sin que yo pueda conocer que banco y sucursal estaban las cuentas, y por lo tanto al no tener documentos que acrediten banco donde mi padre tenía esas cuentas no poder denunciarlo.
Es correcto que me pertenece la legítima del 50% del saldo a fecha de la muerte de mi padre
El Notario no tiene que ponerse en contacto con usted. Son los herederos, y obligados al pago de al legítima los que deben llamarle pues mientras no se pague la legítima devenga interés. Siendo legitimario usted puede pedir información en los bancos de las posiciones de su padre en el momento de su fallecimiento, para lo cual le pedirán una copia del testamento, que usted puede obtener sin mayor problema.
Lo mejor es que intente hablar con su hermano y madre, y si no tiene éxito póngase en manos de un abogado.
le agradezco su respuesta me aclara la situación, pero me queda la duda que tengo sobre si me pertenece la legítima del 50%, de cada una de las cantidades existentes en las cuentas corrientes al día de la muerte, él tenía una cuenta corriente con mi hermano y otra con mi madre
La legítima es el 25% de la herencia a repartir entre todos los hijos. Y la legítima es por cada padre (causante).
el ultimo testamento de mi madrastra me anula como heredero de ella sin causa alguna…¿tengo algún derecho sobre su legado, ella me acogió cuando tenia 9 años por casarse con mi padre…el “acogió” no consta que yo sepa tutoría, patria potestad, adopción o similar… sino, que esta tubo dos hijos con mi padre y se lo ha dejado a ellos…. inducida claro esta.
Necesitaría ver documentación. Es imposible responder
hace tres años fallecio mi padre y le firmamos mis hermanos y yo la parte que nos correspondia de mi padre pero a partir de ese momento mis hermanos pusieron a mi madre en mi contra llegando a prohibirme entrar en una tierra que esta plantada de olivos que yo llevo cultivando mas de 5 años quisiera saber si puedo pedir de nuevo la parte de mi padre por ingratitud y considerando que se ha aprovechado de mi buena fe aparte de todos los bienes que tenia de mi padre no me deja disfrutar de ninguno ayuda
La causa se ingratitud es para revocar las donaciones. En principio está fuera de su problema. De todos modos, no se lo que ha firmado, pero está en plazo de reclamar la legítima
se puede revocar la legitima poringratitud y cual seria el plazo para hacerlo
no entiendo su respuesta yo le entregue a mi madre lo que me pertenecia de mi padre pero mi madre se esta portando muy mal con migo y quiero que me devuelva lo que le di de mi padre es posible
Contestar una pregunta como la que e plantea sin ver un papel es muy difícil, como usted puede comprender. No tengo problema en atenderle, pero comprenda mi situación, puedo estar opinando y generándole un erro. Un saludo
thank you
En Cataluña. Tras la muerte de mi padre me pertenece la legítima, pero él tenía un seguro de vida en el que mi hermana es la beneficiaria. ¿Para el cálculo de la legítima, se debe tener en cuenta ese seguro? Gracias
Hello,
Una duda: tengo derecho a obtener una copia del testamento de una persona fallecida aun no siendo familiar? Lo he preguntado por teléfono a la notaría y me han dicho que no.
Lo quiero obtener para localizar a los herederos o al menos una pista de su paradero.
Thank you.
I do not think so.
Mi marido ha fallecido y yo soy su heredera universal y nuestros hijos la legítima,mi pregunta es si yo puedo vender mi vivienda sin permiso de mis hijos
Quisiera saber quien debe pagar la carta de pago de la legitima otorgada ante notario. gracias
Lo normal es que sea el heredero.
Muchas gracias. Agradezco la atención.saludos
Casado en separacion de bienes en Catalunya, 3 hijos de un anterior matrimonio, mi mujer 1 hijo de anterior pareja, ningun hijo en comun. se puede legar la legitima, al fallecimiento de cada uno de los conyugues, a los 4 hijos por igual? No quisiera que a mi fallecimiento quedara el hijo de mi esposa sin legitima, y viceversa.
La legitima se exige por cada hijo a su padre. Lo mejor es que hagan testamento usted y su pareja, previendo que al fallecimiento ambos irá todo a los cuatro.
Muchas gracias; si no entiendo mal se trata de hacer testamento en favor de mi esposa y cuando ella fallezca lo que quede para los hijos a partes iguales. (y ella a mi favor con la misma condicion)
Hola tengo una casa pagada mi madre vive mi hermano también con un hijo pero quiero dejarle la casa a mi novio. Hay alguna manera de que pueda ser asi?
Claro, se la puede vender, donar o dejar por herencia. Cada opción tendrá un coste.
Primero gracias de antemano. Os pongo un poco en antecedentes. Tras el fallecimiento de mi abuelo mi abuela, obviamente heredó todo el patrimonio de su marido( pisos, bajos comerciales, acciones), ella a los pocos meses después le detectaron alzheimer y mi padre pidió un poder notarial para poder gestionar la herencia. La cuestión es que pretende hacernos una donación en pago a sus hijas en breve,ya que le han informado de que ahora se pagaría el 1% pero apartir de enero posiblemente ese pocentaje suba. Después de firmar ante notario, no sin antes añadir una cláusula en la que le garantizaríamos un pago, quiere formar una sociedad pero con actividad comercial, es decir montar un negocio. Mi pregunta es, con el poder notarial el podría ponerselo a su nombre?( he de decir que mi padre tiene una serie de deudas),es decir, se podría realizar esa donación en pago pero, en vez de a sus hijas a el mismo?, en el caso de que se hiciera efectiva esa donación e iniciaramos una actividad comercial, pondríamos en riesgo todo el patrimonio?, aun que me imagino que si. Muchas gracias.
Su padre con el poder puede vincular el patrimonio de su abuela. Nada más.
Ante todo gracias. Mi padre fallecio hace tres años. El llevaba casa do con otra mujer siete años. Era ciego y dejo testamento a favor de ella, pero pensabamos revocarlo porque no hay testigos en la firma. Solo el notario y su mujer. Nos han dicho que es legal pues se lo leyeron en voz alta. En el pone que no nos deja nada a los hijos porque no ibamos a visitarlo. Yo tengo facturas de Telefonica a su casa y al movil de su mujer de un año antes de su muerte con lo que demuestro habia un contacto que su mujer niega. Puedo pedir la legitima? Mis hermanos no lo pueden demostrar..tenemos derecho ? Gracias
La prueba de la causa de la desheredación corresponde a la heredera. Por ese reclamen la legítima y será ella quién tenga que probar lo que dice el testamento
Buenos días, le expongo un caso: Mi padre falleció este año, casado en gananciales, otorgó testamento en Cataluña cuando tenía la vecindad civil catalana, dos años más tarde se trasladó a vivir en Andalucía. En dicho testamento instituye heredera a su esposa, y en defecto de ésta, a sus hijos. Y en segundo lugar lega lo que le corresponda por legítima a los legitimarios. Mi padre llevaba viviendo en Andalucía desde hace más de 20 años. Por tanto, ¿es válido este testamento? ¿O se tendrá que repartir la herencia con las normas del Derecho común en Andalucía?.
Saludos y enhorabuena por este consultorio.
El testamento es válido, pero deberá de ejecutarse con arreglo a la ley que rija la sucesión, que según lo que nos dice será el derecho común. de modo que los hijos tienen derecho a 2/3 de la herencia y el resto sería para la viuda, todo previa liquidación de la sociedad de gananciales.
Estoy divorciado legalmente, tengo una hija de 23 años con discapacidad reconocida oficialmente de un 33% y vive conmigo con sentencia judicial, ¿que documento tengo que hacer para cuando yo fallezca mi herencia vaya a mi hija y no a su madre (mi expareja)?, ya que cuando yo fallezca al tener mi hija discapacidad y posiblemente ir a vivir con su madre puede ésta disfrutar de mi herencia, cosa que no me gustaría.
THANK YOU SO MUCH
Un testamento, previendo que la administración de los bienes que reciba su hija correspondan a otra persona
Buenos días, ante todo muchas gracias por aclarar las dudas jurídicas q
Buenos días, ante todo muchas gracias por aclarar las dudas jurídicas que le planteamos.
Le expongo mi caso: Mi padre quiere hacer testamento, casado en régimen de gananciales. Dado que tiene un mediano patrimonio, sobre todo en fincas rústicas, y dado que vive en Almería y por tanto la sucesión es en territorio de Derecho común, a fin de ahorrar impuestos de sucesiones, pretende hacer lo siguiente:
1/3 la legítima para mi, su única hija.
1/3 de la mejora de la legítima, para mi hija, su única nieta.
1/3 de libre disposición para mi madre, en su día la viuda.
Mi pregunta es: ¿puede dejar el tercio de la mejora de la legítima a mi hija, al ser un descendiente en linea recta?
Saludos y de nuevo gracias. Espero que pase una Feliz Navidad.
Si lo puede hacer, pero deba de tener en cuenta que la fiscalidad depende en impuesto de sucesiones depende de cada Comunidad Autónoma, por lo que un planteamiento correcto debe de hacerse partiendo del valor de las fincas. Pregunte en Almería, cualquier compañero notario, seguro que le atiende muy buen.
Hola, mis suegros realizaron una donacion pura y simple en el año 1993 a su hija. Dejaron testamento del 1985 con el 50% herencia para cada hijo.
Ha fallecido mi suegra y a los 6 meses mi esposo.
Se repartieron el dinero del Banco, queda el piso donde vivía mi suegra, mi cuñada pide la venta del piso para coger su 50%. Pero dice que el terreno que le donaron fue un regalo y no tiene nada que ver con el piso.
Le pueden reclamar mis hijos la parte de la donacion que les corresponde de su padre exigiendo ella el 50% del piso.
Greetings.
Hola mi pregunta es:¿puede mi madre(heredera universal) que ha heredado el piso de mi abuela echar a su hermano que reside en dicha vivienda para venderlo o alquilarlo?
Si es dueña podrá hacer lo que quiera, respectando los derechos que puedan tener otros.
Hola, mi padre falleció hace dos años. No teniamos relación pero soy su única hija. A través de una nota simple, acabo de ver que donó su piso a una mujer con la que se casó dos meses antes de fallecer, con lo cual él pasaba a ser usufructuario del piso y despues de su muerte, el piso queda a nombre de ella. Al ser donado el piso, me corresponde algo?
Tendríamos que ver el testamento, para saber quien es el heredero y saber que bienes dejó para poder comprobar si hay perjuicio de su legítima.
Gracias por la contestación.
Y en caso de que yo no figure en el t