They are the facts that occur after a person's death. Nobody has a perpetuity in this world, hence sooner or later people spend, but the goods remain. Those assets, rights and obligations that remain after the death of a person, is what constitutes Heritage.
Sometimes the good understanding between the legal heirs of a person, is clad in harmony and good understanding, which means that inheritances are handled in complete harmony, but on several other occasions, among the heirs can not agree on the distribution of inheritance, so, despite close ties of consanguinity, very complex conflicts arise. In these cases, is justified with the greatest need, the presence of professionals specializing in inheritances, as our law firm, to guide and lead the actions to follow in processing, because when there is no choice, it is necessary prosecute the problem before the impossibility of getting court settlements, as would be desirable.
It may happen that a person before his death, granted testament, which would be desirable in all cases to avoid some problems in the distribution, thus initial conflicts are avoided to determine who are the heirs as they are entitled each of them, but there are also many cases in which this circumstance is not given and when a person dies is unknown who his heirs. From the legal point of view, there are substantial differences in the designation of the heirs who are called to the inheritance, because in the first case, ie when there is a will, it is strictly fulfill the will of embodied cause in the will, while in the second, ie when there is no will to document the transition, are the legal provisions which supplement that will.
During the time span in which inheritances are not disowned accepted, or until they are distributed, called "recumbent inheritances" legal figure that occurs in the call to the legal heirs who can accept it, or give up she. These are formal acts performed before a notary to give their destiny to flow l inheritance and entirely voluntary, although there are certain circumstances that make the law presumed that the inheritance has been accepted. Upon acceptance we proceed to the partition and / or award .. On the other hand, the resignation is feasible, appearing before a notary within a maximum period of six months from the death of the testator, to show willingness to renounce the inheritance . From the legal point of view, but this formal renunciation is made, default or omission is deemed accepted.
A synthetic form, the necessary procedures for the award of the Estate of a deceased person, are as follows:
- Obtaining the death certificate.
- Obtaining the certificate registry of wills, in which it is determined whether the person granted or not will and before that did notary and the date thereof.
- If no will: obtain a certified copy of the will, in the notary's office where he was given. It is not enough to have a simple copy.
- If there is no will: we must proceed with the declaration of legal heirs, or "intestate".
- Defined condition or intestate heirs executors, as appropriate, must be inventoried and value the assets comprising the inheritance.
- Once certain hereditary bins, proceed to accept and distribute the inheritance, by granting notary public deed of acceptance and award.
- Made the award, it must be settled in the regional tax office, the inheritance tax.
- Finally, you have to enroll in public records, mainly the Property, the new ownership of the assets. It is preferable that these procedures are carried out by a professional of law, because we control these situations and can avoid wasting time, conflicts between heirs, and undesirable situations. The cost of this intervention is more than offset, in eliminating collateral problems that frequently arise in inheritance.
The experience of our law firm in this area, who will advise them on the most convenient, as appropriate, so we offer our services in this area, to enable it aid the common problems that arise. Please contact us..