The preparation of a will can be one of the most complex tasks and one that more conflicts generate between family members. Therefore, what inheritance lawyers usually recommend is write personalized wills in which to include clauses that prevent or solve possible blockages. If you already find yourself in the middle of this problem, lawyers advise carry out an inquiry.
To resolve this type of conflict, the lawyer who is an expert in economics and inheritance, David Jimenezwanted to publish a video on his Instagram profile to advise his followers and possible future clients. As he explains in several of his publications, the distribution of inheritances can become one of the most complex processes and that they generate more disputes between family members, especially when one refuses to sign the document and blocks the process.
Lawyer David Jiménez explains the usefulness of interpellation to solve this problem
According to the jurist, one of the most common situations is that one of the heirs don’t want to sign because you are benefiting from your current situation, which will change when you receive the inheritance. “In inheritances we often find that a brother refuses to sign the inheritance simply because perhaps he is taking advantage of something. He lives in the house or He has no interest in it being sold.“, he explains. Leaving the inheritance undistributed for a long period of time.
Although it may seem that this situation of blockage has no solution, the truth is that there is a formal requirement with which this annoying situation can be put to an end: interpellation. “This procedure consists of send a request to your brother so that, within 30 dayssay whether or not you accept the inheritance”, defines the lawyer. With the advantage that, If you do not speak, it will be interpreted that you agree with the signing of the inheritance.
“With that we would have the first step to unblock the matter“, although it would not end the legal process. Therefore, the most advisable thing is to go to a specialized professional who knows how to handle this situation for the benefit of the heirs. Likewise, Jiménez remembers that this procedure could work differently in Catalonia or other provincial territory.
Other possible legal solutions to an inheritance block
However, it is not the only solution that can be given to this problem. According to different law firms, in case it is not possible to reach an agreement between the heirs. It is possible to start a judicial division of the inheritance. This procedure will consist of the distribution of assets and wealth into different lots, all thanks to an independent accountant or splitter. Once finalized, those interested will vote in favor or against.
While, in case there is no will with which to base the distribution, you can request a notoriety certificate of declaration of heirswhich will indicate who the legitimate successors are. However, all these problems could have been solved with the prior preparation of a personalized willin which there are clauses with which to manage possible blockages or conflicts.
For all these reasons, according to David Jiménez, the most advisable thing to do to solve this type of legal issues related to inheritances is go to a specialized lawyer with which to prepare the will in advance or with which to resolve disputes that have arisen as a result of the distribution of the inheritance established in a standard will, drawn up by a notary.