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How to avoid family inheritance problems

Find out what problems there may be when it comes to dividing the inheritance!

Family Law
How to avoid family inheritance problems

In many situations, there are conflicts between siblings over a simple watch, a piece of jewellery or a painting. This happens because the reasons are not only financial: for example, if one of the children has devoted himself entirely to the care of his parents and the other has not and, in the end, they are equal heirs, one of them may feel discriminated against in the distribution of the fortune.

Here are some tips on how to avoid these family disputes.

How should the inheritance be left to avoid conflicts?

The best way to avoid quarrels between the heirs is to carry out proper inheritance planning. By this we mean drawing up a will and making it clear who inherits which assets. For example: if there is a family business and one of the children is dedicated to the family business, it is normal that he or she continues with it, without the rest of the children taking part in it. You can even disinherit the children when there are justified reasons for doing so.

If there is no will, you will have to know where the deceased lives in order to know which legislation will be applicable, whether the common legislation or that of the Autonomous Community with its own law (Catalonia, Aragon, Galicia, Balearic Islands, Basque Country...).

Can a child be disinherited?

Yes, there are several ways in which a child can be disinherited through a will, including the collection of the legitima (which is the reservation of a percentage of the deceased's estate to the descendants fixed by law). This is increasingly common and may be due to a lack of relationship with the deceased or abuse, among other reasons.

What happens if one heir does not want to sell the house but the others do?

Selling the inherited house among several siblings can become a big problem if just one of them refuses to sell. If everyone agrees, the process is quick and simple. But if there is disagreement, you have several options.

- If one of the heirs does not want to sell, but wants to keep the property, he can do so as long as he compensates the others. This is what we call the extinction of the condominium.

- The second option is the proindiviso sale. This consists of selling the percentage of ownership of one of the heirs to another co-owner or to a third party, for example, a company.

- Finally, if you do not find a third party who wants to buy your share, you have to go to the judge and ask for the division of the property. The process will probably end with the sale at public auction and each owner will obtain the appropriate profit according to their percentage (although be careful, you could lose a lot of the market value of the property).

How do you find out if you have been left an inheritance?

To find out if you have been left an inheritance, you must request a certificate of last will and testament from the Register of Last Wills and Testaments (Registro de Actos de Ultima voluntad). To do this, you have to provide the death certificate and pay a fee.

The certificate of last will and testament indicates whether or not the deceased person made a will and, if so, before which notary. Once you contact the notary's office, you will need to request an authentic copy of the will. That's where you can check if you've been left a piece of the pie.

It is important to know that before getting into family quarrels and disputes it is better to go to a lawyer together. This way an expert will be able to resolve the doubts of the heirs without generating unrest in the family. Call and get your consultation in person or online.

Family Law

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