The legitimate inheritance is the part of the succession that is not possible to dispose of freely after death, since the law imposes its distribution among the forced heirs. The forced heirs are, following the order that the legislator imposes, the descendants, the ascendants and the spouse.
It is a legal aspect that, however, affects the economy of the testator and the successor. The order of importance can influence the legitimate inheritance, since some heirs can exclude or reduce the right of others.
It also plays an important role in inheritance without a will. This is because the descendants are entitled to two thirds and the other will be distributed as arranged by the testator.
However, ascendants are entitled exclusively if there are no descendants. They could dispose of half of the inheritance or one third if there was a widowed spouse.
On the other hand, although the spouse does not have the right to property in the legitimate inheritance,he does have the right to life usufruct.
How Is the Distribution of an Inheritance From Parents to Children Carried Out?
While the Civil Code provides for probate freedom, itis also obligatory to respect legitimate inheritance.
In addition, parents can set a number of boundaries and conditions, such as a temporary space for acceptance or rejection of inheritance. Thus, conflicts between siblings that are brought to trial can also be avoided.
There are requirements for the removal of children,for slander of the father, mother or their spouse who have taken the child to prison, or the simple attempted murder of one of them, if they have no relationship and for failing to pay food.
On the contrary, it is possible to make a third of improvement in favor of the children with the third that remains available to the testator, that is, those that do not correspond to the legitimate inheritance. The heirs must make an inventory of the assets that remain when they are going to inherit.
Problems of the Distribution of the Legitimate Inheritance between Brothers
The will should not be a problem in the distribution of management between siblings, since the third should be distributed in the same way among the descendants as a general rule.
However, it is common for there to be problems in the distribution of the inheritance between siblings when there is no agreement or an inheritance has been carried out without a will.
The most common problem exists in the inheritance of homes,not only for the expenses, but also in case some decide to sell it and others want to keep it. Most often, they end up going to court proceedings.
As for inheritance taxes between siblings, in inheritance without a will it will be mandatory to go to a notary to make the declaration of heirs.
If there is a will, it is advisable to accept the inheritance for the benefit of inventory, thus, they will only respond with what is inherited. Later, they must pay in 6 months from the death the amount of inheritance taxes.
What Happens If I Decide to Give Up an Inheritance?
If it is decided to renounce an inheritance, it must be done expressly and explicitly with a public deed before a notary or in the same document in which the partition is made.
To do so, they must have passed 9 days since the death and it will not be possible to do it if it harms their own creditors.
In addition, it should be noted that rejecting legitimate inheritance is an irrevocable act that can only be carried out in its entirety, just like acceptance. Likewise, the waiver will only be possible on the part of the legitimate beneficiaries.
The Role of Inheritance Lawyers
The intervention of
lawyers specialized in inheritance
is essential to avoid numerous conflicts.
It is advisable to have the advice of these specialists, since there are many legal aspects that must be taken into consideration until the effective award is carried out. Guidance in notaries when carrying out the procedures is usually quite scarce for a person inexperienced in the legal field.
Inheritance attorneys will advise the client of the entire process to be followed until it is possible to verify the appointment of the heir in the will.
In addition, they will carry out detailed studies of the inheritance taxes that the legitimate beneficiary must pay to apply the bonuses, exemptions and deductions that may make the succession less burdensome.
And later, once the successor has accepted the legitimate inheritance, he will carry out all the administrative procedures so that all the assets and estates that exist in the inheritance are placed in the hands of the legitimate beneficiary.
Having the advice of lawyers specialized in inheritances will involve the professionalized management of specialists who will undertake to carry out the procedures always according to the interest of the client.