There are inheritances that are poisoned. Sometimes the fact of inheritance can be a direct path to ruin for a person. The high taxes that must be paid (among other expenses), especially in certain autonomous communities, make many people find themselves in the dilemma of accepting the inheritance and having to face unpayable payments or renouncing it, losing the family patrimony that will become part of the coffers of the corresponding public administration.

However, you should know that there are solutions to this problem . But, let's go by parts ...

How to deal with an inheritance

The first thing to ask when someone is facing an inheritance is whether or not there is a will. In any type of inheritance, it is necessary that, first of all, the heirs accept or renounce it by means of a notarial deed. Without an acceptance of the inheritance, the assets that the deceased has testated cannot be used or enjoyed by any of the possible heirs.

Therefore, the acceptance of inheritance becomes an essential procedure to be able to dispose of the tested properties, sell them or mortgage them.

Inheritance with testament

From we strongly advise the execution of a will ALWAYS , since it speeds up the procedures, it is necessary to incur fewer costs and, above all, it shortens the deadlines.

Therefore, in an inheritance with a will, it is not necessary to make a declaration of heirs since it is the deceased himself who appointed his heirs by will in his day. In this case, the necessary deadlines are the minimum essential to be able to carry out the notarial deed and the real estate registration (99% of the cases in which we work from the office) in the Property Registry.

The expenses in this case will be derived from the inheritance tax according to the corresponding autonomous community (this is the large amount, especially in certain Autonomous Communities), the notarial expenses and the property registry.

Inheritance without a will

If there is no testament, the inheritance is frankly complicated , especially in terms of time and the cumbersome of the procedures.

This will occur mainly because, in the absence of a will, there are no clear heirs. For this reason, prior to accepting the inheritance, the notary will have to make a declaration of heirs (Abinestat). The heirs, generally, will be the spouse of the deceased and their children. To do this, it will be necessary to provide more documentation, two non-family witnesses, and it will take approximately 20 business days to wait.

Once the heirs' certificate has been made and it is perfectly clear who has to inherit and what, the procedure is the same as in the case of a will.

Regarding the costs, we have to add in this case, the costs of the declaration of heirs.

Why inheritance can be a problem

The main expense when formalizing an inheritance is that of inheritance tax , which will depend on several assumptions such as the Autonomous Community in which you are, the type of property you inherit, the marital status ... Certainly, in certain cases it may be A real outrage so that you have to not be able to face this expense and you are forced to give up the inheritance.

However, there are solutions in the market and professionals that can help you so that the fact of inheriting does not become a problem for you that lasts for life.

Solutions: finance the inheritance

In our office we find many inheritance cases. The solution is to use the inherited properties to be able to finance the cost of this operation.

This is done through a mortgage loan signed in the same act as the acceptance of the inheritance , so that the person who inherits can already mortgage by having previously become the owner by notarial deed.

In we take care, in addition to the realization of the mortgage loan, of the management of all the inheritance procedures and at the same time we offer you the return model that best suits your personal circumstances.

Tell us about your case and ask one of our financial analysts for a free, no-obligation study on the case.