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José M.
José M., Attorney
Category: European Law
Satisfied Customers: 4761
Experience:  Spanish Attorney
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hi there.. my wifes mom have been here in USA for 43 years..

Customer Question

hi there..
my wifes mom have been here in USA for 43 years.. she was orignally from monforte , spain.. her parents own 2 property in spain.. ( her parents deceased years ago.. she has a brother and a sister.. her sister just passed away last weekend.. my mother in law would like to have those properties divided by her brother and herself.. but her brother stated that he doesnt want hear it like he own it both..
can u pls tell us what to do ?? help me out for my wife..
email meXXX@XXXXXX.XXX
thanks
V
Submitted: 11 months ago.
Category: European Law
Expert:  José M. replied 11 months ago.

Abogado3044 :

Hi there

Abogado3044 :

The first step its to check if there was a will

Abogado3044 :

If you do not know you can check in the last will register in Spain

Abogado3044 :

http://www.mjusticia.gob.es/cs/Satellite/en/1200666550200/Tramite_C/1214483964662/Detalle.html

Abogado3044 :

In Spain there are some limits when you make a will and some pert of the inheritage is forced to each inheridator

Abogado3044 :

Once you get the will, you will know what is the right of your wife

Abogado3044 :

If there is not a will we will use the spanish law to divide the inheritage

Abogado3044 :

If the parents lived in Galicia we will use this law

Abogado3044 :

http://noticias.juridicas.com/base_datos/CCAA/ga-l2-2006.html

Abogado3044 :

Read 267 and more

Abogado3044 :

If the will says that your wife will recibe the minimun by law it will be 8 per cent of the total value of the inheritage. But if there is not a will at all she will have to recive 33 per cent. If there is a will, it could say someting betwen 8 and 88 per cent

Abogado3044 :

As I know its complicated for you I will recomend you to contact a local attorney in the place where the propieties are, who spaeks english, who defend the rights of your wife

Abogado3044 :

In order to get a local speaking english attorney read this list

Abogado3044 :

https://www.gov.uk/government/world/organisations/british-embassy-madrid

Abogado3044 :

Please let me know if you got more doubts Thank you

Customer :

u there ???

Customer :

pls email me set the time XXXXX@XXXXXX.XXX.. we can discuss in live chat..

Customer :

thank u

Customer :

email me

Customer :

vmne

Customer :

@

Customer :

gmail

Customer :

gracias

Abogado3044 :

Hi

Abogado3044 :

Its not possible for me to do that

Abogado3044 :

The site do not allow me more way to comunication that this chat

Abogado3044 :

Sorry for that

Abogado3044 :

You can write here your doubts and I will answer them asap

Abogado3044 :

Gracias

Customer :

hi there

Customer :

im going to try apply and find out about the will... i have the feeling is that wifes aunt passed away has nothing to do with this will ???? however their parents ( deceased a century ago.. maybe 25 to 35 yrs ago) didnt do the will.. i assume that ll be automatic go to sibling ( uncle, aunt ( deceased) and mom in law).. now it ll be just two of them .. uncle and mom in law.. i guess that ll be 50 50.. now my question to you.. do uncle have the right to sell it all without my mother in law knowledge or aware ?? i was told by other people that uncle have told people in galacia ( monforte area) that his sister ( mom in law) moved to america and deceased which is not true.. uncle made all that up i know it makes families ugly but we are the honest one..

Customer :

gotta go eat lunch.. will check on u later.. thanks..

Abogado3044 :

Hi there, Nobody has the right to sell out with the autorithation of your wife ( legaly)

Abogado3044 :

So, if they did they could made an ilegal way

Abogado3044 :

The best option for you its to contact this local attorney for sure

Abogado3044 :

In other way they always will take advantage of you and her. For sure

Abogado3044 :

Thank you

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