Mums left a house not in her name

Information and questions about the Law in Spain and Andalucia.
tomtom2
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Mums left a house not in her name

Postby tomtom2 » Fri Jan 18, 2013 10:05 am

Dear Forumistas,

I have a massive problem and would like some impartial advice. My mother was a resident living in Spain and she unfortunately passed away recently. I am the direct and only heir. Her wishes were to leave me her house but we can find no will and no paperwork for the house. The first problem is the house was never put in her name going back 20 years I just don't know where to start. Any advice on steps I should take would be greatly appreciated.

Paperwork I have found so far:

contract for the purchase of house list the deposit paid
copy of the escrtitura
architects plans for the extension work my parents had done
electricity bill in my mothers name
water bill in previous owners name

Immediate problems to solve
Outstanding IBI tax not paid for a few years

Any post is appreciated

Thanks

Tim

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costakid
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Re: Mums left a house not in her name

Postby costakid » Fri Jan 18, 2013 11:22 am

I am sure if your mother made a will it can be traced. All wills are available via Madrid. You will need the help of a solicitor. Sorry for your loss.

tomtom2
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Re: Mums left a house not in her name

Postby tomtom2 » Fri Jan 18, 2013 2:42 pm

Thanks costakid appreciate your thoughts

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tjtops
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Re: Mums left a house not in her name

Postby tjtops » Sat Jan 19, 2013 11:25 am

Firstly, very sorry to hear your sad news.
Secondly....you MUST get a good -- and I mean good -- lawyer; a few do exist in Spain. And please, don't listen to the barrack-room variety who usually hang out in bars and always know everything about everything :crazy: ......there's way too much at stake.
All the very best of luck....
Life is as good as you make it, just keep my glass half full

tomtom2
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Re: Mums left a house not in her name

Postby tomtom2 » Sat Jan 19, 2013 1:50 pm

hi tjtops,

y i totally agree, but "I" feel the need to be "doing"

Gathering information, finding out about outstanding taxes council fees, registering my entitlement to inheritancy.

I need to give my lawyer as much information as I can and don't quite know where to start.

But I appreciate your comments and am on high alert!

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tjtops
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Re: Mums left a house not in her name

Postby tjtops » Sat Jan 19, 2013 2:31 pm

I genuinely wish you all the very best of luck! :wave:
All I would add though is that really, you MUST get someone who knows and understands the system (and how to work it!).....it is a jungle where not even most of the Spanish officials really know what they're doing!!! Most things can be 'worked round'....but only if you speak to/know the right people and go about it the right way -- head on as an individual isn't usually it!
It couldn't be more different to the way things are done -- and the law upheld/enforced -- in UK!! (And I'm qualified to speak about that, lol, having experienced both!!!) :wink:
Life is as good as you make it, just keep my glass half full

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costakid
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Re: Mums left a house not in her name

Postby costakid » Sat Jan 19, 2013 3:53 pm

Where is the property? Someone may be able to recommend a good solicitor.

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scampicat
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Re: Mums left a house not in her name

Postby scampicat » Thu Jan 24, 2013 8:55 am

I can recommend an excellent lawyer in Granada province if that is any help.

gus-lopez
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Re: Mums left a house not in her name

Postby gus-lopez » Thu Jan 24, 2013 12:05 pm

As costakid has said if one or /both your parents made a Spanish will then they are all held centrally in Madrid & can be accessed by a lawyer.
Todos somos Lorca.

Pelican Soup
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Re: Mums left a house not in her name

Postby Pelican Soup » Thu Jan 24, 2013 12:54 pm

Hi Tim,

A bit more info would be helpful...you say the property was never put in her name...In whose name is it?

Was in your fathers name and he pre-deceased your mother ?

Pelican Soup


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