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Intestate EU citizen with Spanish property, Heirs?

Posted: Mon Mar 27, 2023 11:45pm
3 replies99 views3 members subscribed
Mrmike

Mrmike

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We have a handicapped Italian friend who's husband died last Christmas. They were in Italy when he died so she has quite a few problems to resolve here. They were joint ( 50/50) owners of a property here without a mortgage etc. They were resident in Italy. Neither of them had made a will. They had no children but he had a couple of brothers.

We are trying to help her seeing as she has serious mobility problems and any advice would be very welcome.

My questions are:-

1, Who would be the rightfull heirs to the property?

2. What is the procedure for registering his death here?

3. What is there to be done to transfer the ownership of the property etc.

Thanks for any usefull info legal eagles!

Mike

killjoy

Posted: Tue Mar 28, 2023 10:07am

killjoy

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Posted: Tue Mar 28, 2023 10:07am

1, Who would be the rightfull heirs to the property? Ascending family members (parents/brothers)

2. What is the procedure for registering his death here? Present "Certificado de defunción" to the registry office "regstro civil"

3. What is there to be done to transfer the ownership of the property etc. Nothing until the heirs having been instaured as legal owners in the land registry, and that takes time and money.

Jay1947

Posted: Tue Mar 28, 2023 5:12pm

Jay1947

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Posted: Tue Mar 28, 2023 5:12pm

Who inherits, this is what comesup after quick internet search.

 Under Spanish law, where there is no will, property is usually inherited by the spouse, children, or parents of the deceased. If there is no spouse or child, the property will be inherited by the parents of the deceased. If there are no parents, the property will be inherited by the siblings of the deceased.

As the widow and deceased are Italian residents there may also be the question of which country’s law applies. I would suggest  obtaining information from a lawyer would be the best way to proceed. 

Mrmike

Posted: Tue Mar 28, 2023 8:57pm

Mrmike

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Posted: Tue Mar 28, 2023 8:57pm

Jay1947 wrote on Tue Mar 28, 2023 5:12pm:

Who inherits, this is what comesup after quick internet search.

 Under Spanish law, where there is no will, property is usually inherited by the spouse, children, or parents of the deceased. If there is no spouse or child, the property will be inherited by the parents of the deceased. If there are no parents, the property will be inherited by the si...

...blings of the deceased.

As the widow and deceased are Italian residents there may also be the question of which country’s law applies. I would suggest  obtaining information from a lawyer would be the best way to proceed. 

Thanks Everyone for the for the Advice.

 It seems that as they weren't resident here Italian law covers the heirs.

However the Spanish side regarding the property looks very complicated and expensive. We have advised  her to contact the Italian consulate in Alicante regarding recomending a competent italian speaking lawyer in the area.

Thanks again

Mike

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