Inheritance and Succession Lawyers in Girona
GironaAdvocats, specialist inheritance lawyers in Girona, has a staff of lawyers specializing in inheritance and succession law, our goal is to achieve the full satisfaction of our clients. In our Blog section, we leave you current articles about the legal world.
Do you need an expert lawyer in inheritances and wills?
It is unavoidable to always surround yourself with the best professionals, to know which resolution to occupy at each moment. Lawyers who are experts in inheritance and wills must always look after the interests of their clients, reducing, if possible, all the conflicts that often cause the distribution of inheritance.
Professional advice in every part of the process
An extremely common headache after the death of a loved one is usually the disposition of their fortune and inheritance, their heritage. If the deceased person has not foreseen this situation, it can concur to cause real problems among his ascendants. Such as: what possessions belonged to the plaintiff; who owns these capitals; what happens to the donations that the deceased made during his life favoring one of his descendants with respect to the others; what is legitimate; what rights does the widowed husband have; disinheritance lawsuits etc. Our experience over the years as expert inheritance lawyers in Barcelona has shown us that inheritances are never easy to manage. There is a lot at stake and situations can get complicated when you least expect it. Thanks to our services, as specialist inheritance lawyers in Girona, many people have managed to solve problems with an inheritance. We invite you to visit our testimonials and opinions section, where you will find situations similar to yours, and how we manage to solve them.
Drafting a will by a lawyer specializing in inheritances
It is therefore a question as annoying as it is serious. Since all the descendants feel entitled to the peculi of the causer, but do not know what belongs to them by law. Considering that these hesitations arise at a time when feelings are running high in the whole family, it is highly advisable to anticipate it. What is recommended, therefore, to avoid this kind of conflict, is to make a will at the right time.
How is the acceptance of the inheritance for the benefit of the inventory?
On this occasion, our specialist lawyers in Inheritance in Girona, talk about the acceptance for the benefit of inventory. It is known as the legal practice that allows the heir to avoid paying all the debts of the testator. The inventory benefit can be requested even if the deceased has prohibited it.
As we already pointed out, the heir can accept the pure or simple inheritance, answering for the deceased’s debts even with his own property or he can accept the inheritance for the benefit of the inventory.
If the heir acquires the inheritance for the benefit of inventory, the following consequences occur: he is not responsible for the obligations of the causer or the burdens with his own assets, but with the assets of the inheritance; the rights and credits of the heir against the inheritance will survive without being extinguished by confusion and the heir can claim the rights that correspond to him.
Therefore, the heir can accept the inheritance for the benefit of inventory as long as he takes inventory of it before or after its acceptance. This inventory must be made within six months of the heir knowing the acceptance. This can be done before a competent notary or judge. If it has been done with a private document that is presented to the Administration to settle taxes, it has legal effects.
The current situation of the national economy has caused that many citizens are currently in the situation of having acquired a home with a mortgage loan, and finding that as of today the home has a much smaller value that the debt he committed, that if this person dies, his inheritance is financially profitable and his heirs (probably also affected by this problem) must pay the debts. If you are in the situation of requesting the acceptance of inheritance for the benefit of inheritance, you will need to request a series of documents.
Documents that must be provided to accept an inheritance for inventory benefit
Certificate from the General Register of Acts of Last Will
Authorized copy of the Will or Declaration of Intestate Heirs
With these documents you can already accept the benefit of inventory, authorizing the notary a deed whose cost does not exceed €100
From Girona Advocats, we are specialist lawyers in inheritances in Girona, we will answer your doubts in hereditary matters without the consultation implying any expense for you, we will advise you in these difficult moments, so that you know what to do at all times, and can perceive the part of the inheritance that corresponds to him as soon as possible. Don’t lose hereditary rights due to being misinformed, we advise by phone.