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José M.
José M., Attorney
Category: General
Satisfied Customers: 4759
Experience:  Spanish Attorney
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my 72 year old mother has inherited a small apartment in Spain.

Resolved Question:

my 72 year old mother has inherited a small apartment in Spain. left by her brother. I understand that she will be liable to pay inheritance tax on the property.

1. What does the % of tax depend upon i.e. the value of the property?

2. If she chooses not to accept the property what would happen then?

3. The deceased has some money in a Spanish bank account - is tax also payable on this? (around 6000 euros).
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi

Attorney3044 :

In both cases you must pay the taxes in order to get the inheritance

Customer:

but if she chooses not to accept the inheritance what happens then?

Attorney3044 :

The sum to pay will be different according to the place where the propiety are

Customer:

the property is in Ibiza

Attorney3044 :

If he does not accept the inheritance goes to another inheridators or the sapnish goberment in last place

Attorney3044 :

The inheridator could go to thje notario and accept in special conditions

Attorney3044 :

The spacial conditions are called BENEFICIO DE INVENTARIO

Customer:

what would that mean?

Attorney3044 :

It that means that she do not accept until the total sum is given

Attorney3044 :

Its very nice in cases when we have not idea if the total sum is positive or negative

Customer:

okay so what will the solicitor do when we see him?: I have emailed him copy of the will, escrutira, death certificates and bank details. Could we use the money from the bank to pay the taxes?

Attorney3044 :

For sure

Attorney3044 :

You have not to send money in advanced

Attorney3044 :

Wait and ask for the total sum to get once the taxes are deducted

Attorney3044 :

do not send money in advanced

Customer:

what about the rule of taxes due 6 months from date of death? deceased died over 1 year ago

Attorney3044 :

Nothing happens, she can get it now, May be the taxes goes higher

Attorney3044 :

But if she goes and accept in beneficio de inventario she will take no risk at all

Attorney3044 :

I recomend you to cantac this notaria

Customer:

so she could get the total due and then decide? how long does this take?

Attorney3044 :

Notario Mazaira Plaza de España, 1 Palma de Mallorca tel 971 100 901XXX@XXXXXX.XXX

Customer:

okay

Attorney3044 :

This Notario will do his best for you

Attorney3044 :

http://notariamazaira.com/blog/

Attorney3044 :

Honest people, not scamers, and profesional

Customer:

i have contacted the bank about closing the account but it is still live and paying utility bills. Can we access this money now?

Attorney3044 :

No, as long as the notario/judge do not make the procedure the bank will block the account

Customer:

okay thank you i will contact the Notario.

Attorney3044 :

Thank you

Attorney3044 :

Please to make a good rate of my service

Attorney3044 :

If you dont do it the site do not pay me

Attorney3044 :

Have agood day

Customer:

okay will my card then be debited for £33?

Attorney3044 :

Only if you make a good rate of my service

Customer:

okay will do thanks again

José M., Attorney
Category: Spain Law
Satisfied Customers: 4759
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you
Customer: replied 1 year ago.

Is there any way that my mother can "donate" the property to my brother and myself? also when she passes away does the whole situation arise again? i.e. pay taxes again?

Expert:  José M. replied 1 year ago.
Thank you, gracias.
Have a good day

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