We intervene in the processes of sharing and inheritance after giving the so-called "Opening of Succession". The heirs are summoned in order to determine which are the assets that constitute the inheritance of such inheritance.
We participate in the process of sharing and inheritance, with its services of Real Estate Assets Assessment, in order to determine the market value of each property that constitutes this inheritance. In this way all heirs will be informed of the market value of the inheritance.
In order for our partners and clients to initiate this process with some information, we elaborate a brief description of the process:
Sharing of property
The sharing of inheritance goods between the spouse and the children (which we may venture to say is the normal, because very frequent situation) is done by head, dividing that with as many equal parts as the heirs. But the spouse's share may not be less than that of the inheritance. If there are only children, each will receive an equal share (this only in principle, as will be explained later). The surviving spouse has the right to stay in the shares with the family home (the house where the couple resided) and to use the household stuffing. Thus, if the house is assigned to him, but the value of it exceeds the value of the hereditary portion of the spouse, he must then pay back to the other heirs. Likewise, if the household is not part of the inheritance (because it is, for example, well suited to the surviving spouse), the surviving spouse has the right to keep the household stuff, even though he / she lends money to the co-heirs. The law defines stuffing as the furniture and other objects or utensils intended for the comfort, service and ornamentation of the house. Whenever the right of representation of the children of an already deceased heir is established, the children will share among themselves the part that would belong to that one if it were alive. If there is a will in this case, the picture of the heirs behind outlined can be encouraged. The law allows the testator to entice the picture in a certain way, changing either the share of goods that will fit each or some of them, or introducing into the picture of the heirs some or some that are not even relatives. But this faculty of disposing of goods freely has limits. In fact, anyone who has a spouse (not divorced or judicially separated from persons and property), descendants or ascendants can not remove them from the inheritance (except in the rare and very serious cases of the so-called disinheritance of the heir's unworthiness) the inheritance, precisely by the introduction of one or several new heirs (they are called testamentary heirs because indicated in testament). These close relatives have the right to the legitimate call of inheritance (also called quota unavailable, because it is precisely that part of the inheritance that the testator can not freely dispose of), so they are designated as legitimate (or necessary) heirs. The legitimate one varies according to the picture of the heirs; like this:
To testamentary heirs, therefore, the testator can leave the part of the inheritance available, so called quota available. How much they can be called to receive this available quota or strangers that the testator understands, either distant relatives or some or some of the legitimate heirs, that will thus accumulate the part that belongs to them of the legitimate one with the part of the available quota (supposing that the testator it leaves the surviving spouse and children and can leave the surviving spouse, for example, the available quota, which means that he who already inherited as the heir necessary, on behalf of the legitimate, together with the children, will also receive as heir the testamentary , on account of the quota available).
In the absence of necessary heirs, the available quota consists of all inheritance.
How is it shared between the heirs?
Let us suppose the case of an inheritance in which only the children of the deceased exist. The inheritance would be distributed, in principle, in as many parts equal as the children. But some or some of these children may have received goods or money in their parent's life that their siblings did not receive. (These donations are understood to be only those that go beyond ordinary expenses, exemplifying: donations will not be ordinary donations. house, large amounts of money, jewelry or other valuable goods).
It was therefore benefited, although the parent did not want to favor a child to the detriment of the others. But what he has received must be regarded as an advance made on account of the inheritance. Once the succession has been opened, the heir beneficiary must return the inheritance to the inheritance or simply count the respective amount to subtract it from the value of the hereditary quota that falls to him (this restitution is called collation).
Then the heirs can choose among themselves the goods that will be left for each one. In the absence of agreement, the court will decide, at the request of any heir, through the so-called optional inventory (because there is also a mandatory inventory where there are minor heirs, incapable or corporate bodies, for example).
The inheritance of the spouse
The question arises especially when married in communion of acquired goods or in general communion of goods. This is because in these regimes there exist the so-called meaciones of each spouse (they are two meaciones), constituted, in principle, each one by half of the common property of the couple. Thus, it should be remembered that the surviving spouse (that half of the common property) already belonged to him, was his, even in the life of the now deceased spouse. And about the spying of the deceased spouse that he will inherit, alone or with the other heirs that exist.
Repudiation of inheritance
One or several heirs may repudiate inheritance, that is, not accept it.
The heirs of the repudiante have the right of representation. If the repudiation has creditors, they can accept the inheritance in their place. And if, once paid the creditors, there is remnant, this will not avail the repudiant. but to his heirs.
The head of the couple. The inheritance must be administered until it is shared between the heirs (when each heir takes what he inherited). It is the so-called head-of-couple who manages the inheritance. If there is a surviving spouse, this will be the head of the couple. If it does not exist, the head of the couple shall be in charge of the descendant or ascendant in a degree closer to the deceased, and if there are several of the same degree. it will be up to the one who lived with the deceased more than a year; if there are several in these conditions, it is up to the eldest to charge. However, the heirs may not submit to these rules, which are not compulsory, choosing between them the head of the couple or. even by designating a stranger.
Debts of inheritance
The estate of the inheritance accounts for the debts of the deceased.
The heirs who have already shared the inheritance among themselves account for the debts of the deceased in proportion to the share they have inherited.
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