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スペインの2012年の負債による相続の拒否は23'228件に。2007(11'047)、2008(13'126)、2009(14'603)、2010(16'342).2011(18'933)、2012(23'228).
Regalo envenenado: las renuncias a herencias se duplican con la crisis
En 2012 se contabilizaron 23.228 negativas a heredar
Existen fórmulas para que los herederos mo respondan a las deudas con su patrimonio
Raquel Díaz Guijarro
Madrid
08-05-2013 07:20
¿Qué puede llevar a alguien a renunciar a una herencia
Poisoned Gift: waivers of inheritances are duplicated with the crisis
In 2012 there were 23,228 refusals to inherit
There are formulas to meet mo heirs to your estate debts
Raquel Diaz Pebble
Madrid
08.05.2013 7:20
Everyone knows that not inherit or receive a donation is free, because you have to pay taxes. But perhaps what many people do not know is that when someone is appointed heir, what is with all the consequences. That is, it is inherited, for better and for worse: assets (money and property, primarily) and liabilities (debts). And right there is where the problems can begin because the or heirs must pay off the debts of the deceased, even if they have to respond with their wealth. This is what explains that more and more heirs say no. According to data from the General Council of Notaries, in 2012 there were 23,228 renounce inheritances, more than double the pre-crisis (in 2007 was 11,047).
What can cause someone to give up an inheritance? Although the case mix is varied, now the lack of economic resources is usually behind most or also the fact that inheritance is rather "ruinous" as explained CincoDías Vice President of the General Council of Notaries and Dean of the College of Notaries of Catalonia, Joan Carles Ollé.
And if you get a house in heritage on which weigh a mortgage, the first thing you have to do is pay off the loan in order to be the full owner of that house.
What happens then? There are several assumptions. The first is that the value of debt exceeds asset. Imagine that inherited property is on the coast, was acquired in 2007, was financed with a mortgage in 20 years and its first owner did not hire a life insurance. If all heirs decide they do not want the house, the easiest way is to choose to sell it, but first must clear the debt. In an environment of falling prices like this, if the loan was contracted by more than 60% of the appraised value of the home, it is likely that today still outstanding debt is greater than the benefit they will get the heirs to sell the house. Therefore, it might seem a fluke or financial relief, just becoming ruinous inheritance or poisoned.
Benefit of inventory
As explained Ollé, one of the most common assumptions in the resignations, reminiscent should constatarse notarized, is the case of those heirs whose economic situation does not allow them to take over the debt of the assets they inherit. "Moreover, this 23,228 figure included not only the total resignations, which nobody wants to receive the inheritance and then passes into the state, but also partial, those of only a part of the heirs for the rest" , says the dean of the College of Notaries of Cataluña.
How to prevent a poisoned legacy ends up ruining the beneficiaries of it? Joan Carles Ollé recommended to consult a notary and receive the inheritance "for the benefit of inventory."
This is a legal concept for which only liable for the debts and other liabilities of the succession to the best of the goods included in it. "In other words, in the worst case asset lose but our heritage is protected," says Olle. This opens a period in which the heirs, advised by the notary, may do a recount in detail what the assets given, "something very useful when dealing with small businesses such credit facilities or guarantees for which will have to answer "note from the General Council Notariado.Finalizado inventory, in 30 days you choose: inherit or not to inherit.
Beware inheritance tax
Notaries feel underutilized. They are aware that ordinary mortals usually only associate them with the fact of buying and selling homes and perhaps because they have been historically associated with expensive label their services. Well, the dean of the College of Notaries of Catalonia, Joan Carles Ollé, argues that there are many actions or documents that can be subscribed before a notary with legal certainty that entails "for very little money." "And simply receive information for free," he adds.
In matters of inheritance unpleasant surprises often occur due to ignorance. First tip to all: make a will, a document that costs less than 40 euros. "You do not know until you go through it the amount of bureaucracy, money and time that can prevent the development of this document. Besides leaving the disposable portion (that which does not regulate legitimate) to those who really want and not who the law establishes the order of succession, "said Vice President of the General Council of Notaries.
And at the time of giving, keep in mind that can only be done after the death of the testator and can not be waived only part of the inheritance, or completely accepted or rejected in its entirety. Ycuidado to give up, because if it does for others, will have to finance the consideration of a donation and be taxed on the inheritance tax.
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Steps to avoid surprises when inheriting
Testament once someone would report that is beneficiary of an estate, it is best to seek advice from a notary. The simple query what steps are to be followed is free.
Acceptance: if you have doubts on whether or not to accept the inheritance is best done "for the benefit of inventory" and always before a notary.
Taxation: If you finally choose to resign, it is necessary to mention in a public and, as appropriate, will have to pay taxes if done on behalf of others, like a donation. Up to each community
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