Receiving an inheritance can be a bittersweet process, especially when the deceased turned out to be a close relative and when the distribution can generate conflict or large expenses between the heirs. Beyond the dreaded inheritance tax, which can be paid directly from the testator’s account, his debts and family disputes are the main problematic factors of this process.
As explained Abel Marín, lawyer specialized in inheritance lawfamily and real estate conflicts, the fact of having to pay inheritance tax does not usually cause any complications for clients, since, although its amount usually varies depending on the autonomous community in which the inherited assets are located, the effective tax pressure for forced heirs It does not usually exceed 3% of the total value of the inheritance.
Contrary to what many tend to think, the biggest problems caused by the distribution of an inheritance are usually due to the lack of planning of this already the debts that the deceased accumulated during his life. The first, causing conflicts between family members or possible blockages that end up delaying the distribution of assets; while the second means that the heirs must take care of charges, in some cases, higher than what they will receive.
The debts of the deceased are not extinguished with his death, but are assumed by his heirs
“You accept your father’s inheritance and, after three, four or five years, you find yourself an inflated debt that ruins your life“said the lawyer, illustrating a situation that has happened to several of his clients. All because Debts acquired during life by the deceased are not extinguished when he or she diesbut they become the responsibility of the person who has received the management of the testator’s fortune and assets.
Due to this, and with the aim of avoiding this situation, the lawyer always recommends carry out an asset audit on the inheritance. This will allow the heirs to know not only the assets and wealth they will receive, but also the donations, money movements and previous debts of the testator. All with the aim of discover if the inheritance is solvent or deficient and make the decision to accept or renounce it.
A different situation is one in which it is the heir who has outstanding debts and He does not want to receive the inheritance to avoid paying his creditors. In this case, in article 1001 of the Civil Code it appears that: “If the heir repudiates the inheritance to the detriment of his own creditors, they may ask the judge to authorize them to accept it on your behalf“, although they will only be able to receive the percentage that covers the loan.
Using a standard will model can trigger family conflicts
Another of the factors that generate the most problems when receiving an inheritance is poor planning and lack of clauses that prevent a conflict from arising between the heirs or one of them even blocking the distribution. “You reach sixty years old and you hate your brother so much that you are capable of living litigating for as long as it takes“explains Abel Marín.
These issues can not only end up wasting the time of successors, who want to finish the process as quickly as possible, but in many cases it usually ends up generating large expenses. “Sometimes you spend more on lawyers, on expert reportsin emotional exhaustion, diagnosed depression, what that inheritance is worth,” he assures. A situation that is usually caused by the use of a standard template to write the will.
As the lawyer explained during an interview for “La Voz de Galicia”, most people end up signing the same four or five generic models of will. Although this may be the quickest and simplest option, it is also the one that least adapts to the needs and possible future situations that may arise in family units during the distribution of the inheritance.
Therefore, the most recommended thing, both by Abel Marín and other lawyers specialized in inheritances, is Go to a professional to write a personalized documentincluding clauses with which possible disputes that arise during the signing process can be avoided and resolved. It’s better to “warm your head a little” and conscientiously plan an inheritance, especially for the sake of family relationships.