Time scale for Settlement of estate after death

Hi,

I'm still going through all the legalities nearly 6 months after my lovely Dad's death back in August 2022.My Dad and I are both  resident in Spain and it's a very long process. Let's just say that the grieving is on the back burner at the moment.

Does your Dad have an email or can he call the solicitors that the carer gave him details of?

Can you contact the carer at all? Are there any friends or neighbours of hers that could help?

I hope you get some answers soon as the inheritance tax should be paid within six months of her death,  if they aren't then the tax bill goes up by a very large chunk.  Also note that if shexowned property this cannot be sold until the inheritance tax has been paid.

Hopefully Kim, another member on here will be able to give you more help.  I'm just going by my experience so far. Fingers crossed it will all becover soon.

Hi Roysjag and welcome to the forum.  I'm sorry that your first post is a sad one, please accept my condolences on the loss of your auntie.

Regarding the formalities of inheritance, Madcatwoman has already covered the important issues, i.e. that the Inheritance Deed must be completed within 6 months of death and that Inheritance Tax must be paid before the inheritance is finalised.  Assuming your auntie made a Spanish will, the lawyer should apply to the central repository in Madrid to obtain a copy.  They should also arrange calculation of the inheritance tax and draw up the Deed.

Are you also in the UK, or are you in Spain?  What contact details do you have for the lawyer?  Have you been calling or writing to them?  If you're here, it would be ideal if you could visit the lawyer's office.  If not, and you'd be happy to share the details you have, one of us may know of them and could advise further.

Kind regards,

Kim

When my husband passed away it took 11 months for his Estate to be finalised and there was only me involved in it.

Good morning Thankyou for your comments, I actually found the email address and additional telephone number from Google earth street views, but e’mailing and calling daily without contact. To be fare the very first time I called the phone was answered with a quick conversation stating that a will was acquired, but any further calls were unanswered, the lack of contact is very worrying for a uk residential relative.

Once again Thankyou for your comments much ap

Good morning Kim Thankyou for your comments, as I replied to mad cat woman I am constantly trying to re-establish contact with the solicitor ( Maria-consulting) and as all remaining relatives and friends are in the uk, lack of contact is worrying.

I wonder if anyone on the forum has had dealings with Marie consulting ?

Kind regards 

Roy

Roy, my condolences on your situation.

The only suggestion I can make is that perhaps you engage another abogada, having, presumably paid nothing to Marie consulting. The abogada should be able to apply to Madrid for the will, given relevant information. I am sure Kimmy will know much more about this than I do, but I would seriously be considering this move given your circumstances. And yes, unfortunately it can take quite a long period of time here to sort out an estate, however small.

If this is the same Maria Consulting then she doesn't appear to be a Solicitor/Abogado. She appears to be an Insurance Agent.

https://agent.caserexpatinsurance.com/maria-pilar-paredes-los-montesinos

Does your father know that the property has been left to him in a Will?  I would strongly suggest you get on a plane and find out where the keys are to the property and take possession of it.  There is probably paperwork in the property that will point you to a Solicitor/Abogado. 

Bee

Hi Roysjag,

I can't find a registration for "Maria Pilar Paredes Hurtado" on Alicante's Colegio de Abogados, so I agree with Bee that it's unlikely she's a lawyer.

I think you should appoint a qualifed and registered lawyer ("abogado") to act on your father's behalf as soon as possible.  When my friend's husband died, she used Ábaco Advisers in Torrevieja:

https://www.abacoadvisers.com/inheritance

Even then, it was a long process - and she was living in Spain, so I was easily able to take her to meetings at Abaco's offices.

I can also personally recommend Ábaco, as they are my tax advisors.

I also find it strange that your aunt's body was left to science.  Whilst this is possible in Spain, she would have needed to apply for a body donor card and should have specified it in her Will.  But in any event, this option was suspended during Covid and only a few Universities have since reinstated their donor programmes.  It's not clear from Valencia's website whether the University is accepting bodies and whilst they're highly unlikely to discuss a specific case with you, a call to the relevant department should establish whether this is still possible in principle.  It's worth noting that a donor who dies in this area can only donate their body within the region, i.e. their body could not be sent, for example, to Andalucia or Catalunya.

https://www.uv.es/uvweb/human-anatomy-embryology-department/en/body-donations-1285855156013.html

Also, in the absence of any contact with a family member prior to disposal, did the carer or Marie Consulting have a Power of Attorney to act for your aunt in these matters?

Kind regards, 

Kim

Hi,

Regards donating her body to science my partner and I have chosen this option and are registered with Alicante University for this.  We both have the donor cards.

They are accepting bodies that were already registered but not any new applications.

If you would like any more information just send me a private message as I'm not at home at the moment so don't have the contact details. 

I agree with Kim that Abaco advisors are very good and used to do my Dad's taxes so contact them and I'm sure they'll be able to help.