Our law firm specialises in advising on inheritance where there is real estate.
There are many issues that must be taken into account such as the form of adjudication, valuation of the property, tax aspects and many more.
It is very common for situations to arise in which, after the death of a family member, we inherit property through inheritance and the property belongs to several people.
You are NOT obliged to remain in this situation.
You can request the termination of the joint ownership at any time.
Inheritance is first and foremost a right. It is the legal act by which a person who dies passes on his or her assets, rights and obligations to another person or persons.
The succession of the deceased may be validly disposed of without the institution of an heir, therefore, whether or not heirs are appointed is a matter of the testator's will.
The will is still valid, even if it does not adjudicate the totality of the assets. In these two cases, the legally valid testamentary dispositions ordered by the testator will be complied with and the remainder of the assets will pass to the legitimate heirs.
For cases in which the succession is ordered without the institution of an heir, a rule of distribution is expressly provided for whereby, in the event that the inheritance is distributed in legacies, if nothing has been provided for by the testator, the debts are to be apportioned among the legatees in proportion to their shares.
The fact that the entire inheritance is distributed in legacies does not detract from the character of the voluntarily designated heir, but simply from the fact that the debts and encumbrances of the inheritance are to be distributed among the legatees in proportion to their respective shares if the testator has not provided otherwise.
Contact our lawyers specialised in Real Estate Law related to inheritance and real estate.
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