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José M.
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Hello, My British father, non-resident of Spain, died in

Resolved Question:

Hello,

My British father, non-resident of Spain, died in Catalunia this year. He leaves a wife aged 61 (resident of Spain) and two children aged over 21 and non-residents of Spain.

My father's estate: his half-share in a flat in Cataluna. His widow has the other half-share.

In the hypothesis that that flat is valued today at 500 000 Euros, would it be in the interest of the two children to renounce the inheritance? I believe that there are two considérations here 1) if the widow decides to sell the flat and 2) if the widow decides to remain in the flat.

Kind regards
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi there

Attorney3044 :

José Magadán spanish attorney

Attorney3044 :

You are right, the widow has the right to keep the usufructo of the house for all her live or to ask for one quarter 1/4 of the inheritage and she could decide in one year

Attorney3044 :

The best in this cases is to ell her the propiety even in a little money if he decides to keep the usufructo for all her live

Attorney3044 :

Usufructo is the right to live there for all her live and the inheridators has to pay the taxes of the propiety i n short words

Attorney3044 :

I will be here if needed

Attorney3044 :

Thank you

Customer:

Thank you, XXXXX XXXXX need to have an idea of how much inheritance tax, etc. we the children would have to pay if we decided to accept the inheritance. Again, the flat is in Cataluna and its value is about 500 000 Euros

Attorney3044 :

In order to know about taxes and expenses I could not know without the study of the case and this study must be done with the documents, catastral values, ages of the inheridators, and a lot of more information

Attorney3044 :

Spanish law allows to the inheridators to claim for the inheritage in a way who at the last moment thet will know if they accept the heritage or not. Its call herencia a beneficio de inventario

Attorney3044 :

The only advice I could give you know its that your sons contac a local attorney or even notario who will study their chances

Attorney3044 :

May be its not cheap but the study requires alot of hours

Attorney3044 :

Thank you

José M., Attorney
Category: Spain Law
Satisfied Customers: 4970
Experience: Spanish Attorney
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