One for David............

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scotty
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One for David............

Postby scotty » Wed Sep 02, 2009 11:17 am

My brother bought an apartment many years ago and registered it in the name of my parents. This was to avoid his (now ex) wife getting her hands on it. My parents never realised that this was the reason. My dad died in 2008 and my brother has left the property in my parents name and has not informed the authorities that my dad is dead. My mother wants nothing to do with the property & has even changed her will (non spanish as she has no spanish assets) to include a sentence that she has no "interest" in any foreign properties.

So my question to David Searle...... Who do I inform that my dad is dead & to start clearing up the spanish estate. Can I force the sale of the property as a family member ?

Thanks in advance for any opinions.

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Retro P
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Re: One for David............

Postby Retro P » Wed Sep 02, 2009 6:26 pm

Have you considered discussing this with your brother who paid for it?
Ah! the full english!!

katy
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Re: One for David............

Postby katy » Wed Sep 02, 2009 10:12 pm

That's a bit too simple for this topic :lol:

scotty
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Re: One for David............

Postby scotty » Wed Sep 02, 2009 10:16 pm

Retro P wrote:Have you considered discussing this with your brother who paid for it?


Aha..... Nobody in the family talks to him after some "alledged" scullduggery :oops: . He was removed from the family christmas card list 8)

Jool
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Re: One for David............

Postby Jool » Wed Sep 02, 2009 11:15 pm

I think you will find that in law your mother does have some spanish assets, namely the half share in the apartment..............as the surviving spouse your mother will become the full owner of the property (once the inheritance title deed is done). Your parents must have provided information and data to allow the purchase in their name so your mother, with your help will have to unravel all this...........you cannot just create an alternative reality where legal assets are concerned as your brother tried to do, eventually the chickens come home to roost.......and it should be him sorting this out surely, not you?

PS Having read David´s reply below I assumed your father had made arrangements and left a will bequeathing his share of the property to your mother.....
Last edited by Jool on Thu Sep 03, 2009 3:47 pm, edited 1 time in total.

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DavidSearl
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Re: One for David............

Postby DavidSearl » Thu Sep 03, 2009 11:48 am

Scotty,

We have several unanswered questions here.

1. Where did your father die?

2. Who knows that your father is dead? If he died in a country that is not Spain, was the death reported? Did a doctor issue a death certificate?

3. If there is a death certificate, you can have this authenticated with a Certificate of Apostille from the other country, and have the death registered in Spain at the Civil Registry.

4. If your father died in Spain at home and you buried him in the back yard and said nothing about it, this will be more complicated.

5. Once you have your father's death registered in Spain, if he has a will, you can go through the procedures to have the will authenticated in Spain and carry out the terms of it.

6. If your father did not make a will, then Spain will apply Spanish law to his property in Spain. This means that his surviving children will inherit in equal parts, with his surviving spouse having a lifetime right to live in the property. It cannot be sold without her consent, although the children are the registered owners.

7. If it is only you and your brother, then you inherit one quarter of the property, your brother one quarter and your mother continues to own one half, plus the lifetime interest in the other half. If you are four children, then each inherits one-eighth.

8. Once the death is declared in Spain, a search made to find no Spanish will existing, and the inheritance tax paid, you can register the property in the names of all the inheritors.

9. At this point, any one of the co-owners can ask a Court to order the property sold and the proceeds divided among the co-owners. The Court will need compelling reasons to issue such an order and your mother's consent will be necessary.

10. You need a Spanish lawyer to handle this for you.

Good Luck with it, David Searl
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