¿Quien es Byork?

Send Byork a private message

Oh dear, this member hasn't provided any information yet.

Byork's latest forum comments

07 Jun 2011 4:07 AM:

Thanks campana and Faro!

I've made my notes and will be crafting a detailed note for my lawyer. Hopefully he will come up with some advice that my brothers and I will agree with. (Some of my brothers are even more stubborn than I am.)

Thread: My Inheritance Nightmare!

05 Jun 2011 12:04 AM:

I should let you all know that I am a woman to save you time.

campana, the lawyer I engaged has extensive probate experience. I trust him and his advice. I'll admit that we do have to deal with some degree of language barriers since my Spanish vocabulary is not as extensive as it should be but at least his English skills are such that I can correspond with him by e-mail in English.

I would like to thank all of you. This thread has proven invaluable and I am going to use lots of what was expressed here to discuss our next steps strategy.

Thread: My Inheritance Nightmare!

04 Jun 2011 10:46 PM:

Perhaps further clarification is needed. To legally walk away, we would have to go through a process of renouncing our rights as "legitimos" before the court. Because my father was a Spanish citizen at the time of his death, had no will and was married under a regime of separation of goods (properties in his and her names are considered "privado" and not "granancial" or common to the marriage), the property goes to the "legitimos" (bloodline heirs). Without an offical act of renouncing those rights, we are responsible for taxes and maintenance of those properties.

Under these circumstances, the widow has usofructo rights. In other words, she cannot be thrown out of her home (what is assumed to be the marital home) and has the right to reside there for the rest of her life. She is under usofructo required to pay taxes/rent while enjoying the use of said property but any major maintenance repairs are the responsibilty of the owners of the property (los legitimos).

She has 3 options with her usofructo rights: exercise them (including paying rent and taxes); take the monetary value of her right after liquidating all assets; or use the monetary value of her rights and apply it against the purchase of her home. Through years of on and off-again negotiations, she indicated that she wanted to monetise her usofructo rights to buy the Madrid property. We were fine with that.

That's when she started a series of stalling tactics everytime we were ready to sign an agreement last year. Our legal choices are to continue attempts at finalizing an agreement, go to court or renounce our rights to the estate. I'm just trying to figure out what to advise our lawyer as next steps while reconciling difference of opinions among siblings.

Thread: My Inheritance Nightmare!

03 Jun 2011 11:27 PM:

Faro, I remember my lawyer looking into this and perhaps I should ask him again. I vaguely remember there being a change regarding separation but my father not qualifying or being granfathered based on the date the new law came into effect.

Plus it would be hard to prove, especially with so much time having gone by (would be hard pressed to find any witnesses). The apartment he lived in when he passed away is in his wife's name. That I would imagine implies still together.

Strangely enough, the Madrid apartment is considered the primary residence and part of the Estate (in my father's name) even though he only lived there in the first 6 months of marriage and was registered as a citizen of Benidorm at the time of his death.

Thread: My Inheritance Nightmare!

03 Jun 2011 6:07 PM:

Hi Faro. About separation, I discussed this with the lawyer and since there was no formal agreement it really has no impact on this case.

This exchange has been very helpful. I am working out a list of questions to send to our lawyer. I feel like we really have to have some kind of plan moving forward. I recently got dual nationality and perhaps that would help with a more positive outcome should we go to court.

Thread: My Inheritance Nightmare!


Communities Byork has joined

Byork' blogs

Byork's rentals

Byork's properties for sale

Spain insurance services

This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x