Questions About Inheritance And Joint Property Ownership

[chris]

Some years ago I asked a lawyer about this. As I recall, your brothers and sisters have no claim IF you have a will that leaves the property to someone else. Property goes to your spouse if you have one and to your children, equally divided. If you have no spouse or children, it goes to your parents. You are not forced to leave your estate to your siblings if you have a will. Anyone, by the way, can leave 20% to whomever or whatever they want. I urge you to see a lawyer, who deals with inheritance issues, not to any lawyer who may have limited knowledge of the topic -- and get good recommendations for a lawyer because lawyers in Argentina are desperate for work and will tell you they know the topic when they may not.

 

[nikad]

Some years ago I asked a lawyer about this. As I recall, your brothers and sisters have no claim IF you have a will that leaves the property to someone else. Property goes to your spouse if you have one and to your children, equally divided. If you have no spouse or children, it goes to your parents. You are not forced to leave your estate to your siblings if you have a will. Anyone, by the way, can leave 20% to whomever or whatever they want. I urge you to see a lawyer, who deals with inheritance issues, not to any lawyer who may have limited knowledge of the topic -- and get good recommendations for a lawyer because lawyers in Argentina are desperate for work and will tell you they know the topic when they may not.

You can only dispose of 20% of your assets via will here.

 

[steveinbsas]

It would be interesting to know under which regim your young friends bought together a condo.

They bought in June of 2010 and sold with a 30% profit on their investment two years later.

Of course I will consult a lawyer, but I'm surpised no one has an opinion about joint ownership and the question about inheritance under that cicumstance.

If I can't will more than 20% of my assets to my significant other without being married to her, but her name was also on the title with 51% ownership, would she be in control of the property and have the right to live there as long as she wanted? And if she decided to sell would my closest living relative be entitled to a pecentage of the sale proceeds equal to my share as specified in the escritura?

 

[nikad]

They bought in June of 2010 and sold with a 30% profit on their investment two years later.

Of course I will consult a lawyer, but I'm surpised no one has an opinion about joint ownership and the question about inheritance under that cicumstance.

If I can't will more than 20% of my assets to my significant other without being married to her, but her name was also on the title with 51% ownership, would she be in control of the property and have the right to live there as long as she wanted? And if she decided to sell would my closest living relative be entitled to a pecentage of the sale proceeds equal to my share as specified in the escritura?

One thing Steve, if you live with a partner for over 5 years if no children or 3 if with children, even if unmarried and she can prove it, she can inherit too. You do not need to be married. This, of course if there are no other legal family members that claim the assets.

 

[nikad]

You are looking for Ley de Condominio- Read the link below that outlines most of its aspects.

http://www.justinian...ro3_titulo8.htm

 

[steveinbsas]

One thing Steve, if you live with a partner for over 5 years if no children or 3 if with children, even if unmarried and she can prove it, she can inherit too. You do not need to be married. This, of course if there are no other legal family members that claim the assets.

Thanks, Nikad. Do you have either an opinion or factual knowledge regarding the following:

If she changes her address with the registro to my address will the five year clock start ticking?

No one in my family will claim anything in Agentina, but would they have to sign off in oder for her to sell the property after my death?

And I'm still wondeing if I can give her X percent interest in the property while I am alive simply by making a new escritura.

 

[nikad]

Thanks, Nikad. Do you have either an opinion or factual knowledge regarding the following:

If she changes her address with the registro to my address will the five year clock start ticking?

No one in my family will claim anything in Agentina, but would they have to sign off in oder for her to sell the property after my death?

And I'm still wondeing if I can give her X percent interest in the property while I am alive simply by making a new escritua.

If your family doesn´t claim or never shows up to claim whomever claims the assets and has a legal right will inherit. Your family will still have the right to claim at any point but if you know they will not, and being it that they are abroad, etc nothing will happen, as if they never existed. As for your other questions, I don´t think I have the knowledge to give you a +/- ok answer, that you must ask a lawyer, and make sure it is a good one. Look for one that specializes in Sucesiones. I belive you could give her an interest with a new escritura or changing your will, although that will be expensive.

 

[Bajo_cero2]

Your approach is wrong Steve.

It is all regarding the procedure of the trial heritage.

You die and nothing happens. The house is abandoned and somebody can just occupy it. The trial heritage begins if somebody goes to Court and claim to have right to get your property by inheritance.

You mentioned that nobody is going to do that. So you can make a will for the 100% of your assets. Simple like that.

For changing the escritura you have to pay tax, I suggest the will.
Regards

 

[Farenheit]

I wonder if there is any way you could add her name to your title deed in a similar way as a "bien de familia" so that she has a right to live there, in which case even if someone else lays claim to the property, they won't be able to force her out. Can a non family member be on a bien de familia?

 

[Bajo_cero2]

I wonder if there is any way you could add her name to your title deed in a similar way as a "bien de familia" so that she has a right to live there, in which case even if someone else lays claim to the property, they won't be able to force her out. Can a non family member be on a bien de familia?

No.
The only was to force her out if she becomes owner is if she gets a debt and the judge enact a seizure and the subsequent auction.

Steve, I just call my counsin who is a family lawyer and she told me the following:
1) Only your parents and your children are heirs forzosos (you cannot displaced them as heirs). But the relatives you mentioned can be displaced by a simple will;
2) the will is only a statement with your signature where you say that your "heredero universal" is whoever. You have to certify your signature at the notary and the signature of the notary at his bar Association;
3) It cost about 300 pesos and about 700 if he makes the draft of the will;
Regards