2023-10-17 16:29:53
The loss of a loved one is an extremely painful moment. In addition to mourning, there is also the need to deal with bureaucratic issues related to the assets left by the deceased. Inheritance, in this context, becomes a topic of great importance and one that generates many doubts and questions.
In this article, we will cover the different scenarios related to inheritance and how the probate process works. Furthermore, we will explain who the heirs are and how the assets are divided in each case.
What is inheritance?
Inheritance is the set of assets, assets, rights and obligations left by a deceased person to their heirs. These heirs can be both legitimate and testamentary.
Who are the legitimate heirs?
Legitimate heirs are those who have the right to inheritance guaranteed by law. According to the Civil Code, legitimate heirs are descendants (children, grandchildren), ascendants (parents, grandparents), the surviving spouse, collateral relatives up to the fourth degree (siblings, uncles, cousins) and the surviving partner.
Who are the testamentary heirs?
Testamentary heirs are those who are named in the deceased’s will to receive part of the inheritance or some specific asset. These heirs have no legal obligation to receive the assets, and the decision is left to the testator’s discretion.
How does the sharing of assets occur?
The division of assets is the process of dividing the assets left by the deceased among the heirs, as determined by law or the will. This process can occur judicially or extrajudicially, depending on the circumstances.
In the case of judicial inventory, it occurs when there is a will, incapable heir or disagreement between the heirs regarding the sharing. Extrajudicial inventory is carried out when there is an agreement between the heirs and there is no will.
Inheritance and debts
It is important to note that heirs are not responsible for paying off the deceased’s debts, unless they wish to do so. Debts are deducted from existing assets and do not compromise the heirs’ personal assets. After debts are paid, heirs share only what they inherited.
Property and inheritance regimes
The property regime adopted in the marriage also influences the division of the inheritance. In the partial community of property regime, for example, only the assets acquired during the marriage are divided between the spouses. In the regime of universal community of goods, all goods, present and future, are shared.
Difference Between Necessary and Testamentary Heirs
The necessary heirs are descendants, ascendants and the surviving spouse, who have the right to inheritance guaranteed by law. Testamentary heirs are those named in the will to receive the assets, in accordance with the wishes of the deceased.
Inheritance scenarios
There are different inheritance scenarios, and each of them has its own particularities and ways of dividing assets. Let’s look at some of these scenarios:
- Inheritance with children from different marriages: As determined by the Federal Constitution, all children, whether biological, adopted or from different relationships, have an equal right to inheritance, without any type of discrimination.
- Inheritance with a will: If the deceased left a will, the testamentary heirs will receive the inheritance in accordance with the provisions of the will. If there are no necessary heirs, they will receive the inheritance in full. Otherwise, the necessary heirs will receive 50% of the assets, respecting the mandatory share.
- Inheritance with debts: Heirs are not responsible for paying off the deceased’s debts unless they so choose. Debts are deducted from the estate and do not compromise the personal assets of the heirs.
- Judicial and extrajudicial inventory: The inventory can be carried out judicially or extrajudicially. The first occurs when there is a will, an incapable heir or disagreement between the heirs. The second is simpler and occurs when there is no will and the heirs are in agreement.
How to Invest in Inheritance Scenarios
When faced with the prospect of receiving an inheritance, it is important to consider different scenarios and plan how to invest this wealth. Each case is unique and requires a detailed analysis of the heir’s financial conditions and objectives.
It is recommended to seek guidance from a specialized professional, such as a financial advisor, who can help devise investment strategies appropriate to the specific situation.
In short, understanding how the division of assets works following death and knowing the rights of heirs is essential to avoid family conflicts and ensure a smooth and fair transition. Seeking professional guidance and planning investments are important steps to ensure the preservation and growth of inherited assets.
Always remember that each situation is unique and may involve specific characteristics. Consulting a lawyer specializing in family and inheritance law is essential to obtain accurate information appropriate to your case.
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