In order to claim an inheritance in Spain, it is necessary to have the advice of an lawyer with experience in the matter. Because the help of an expert will allow you to eliminate the uncertainties that may exist in the event that debts are also inherited or the totality of the deceased's estate is unknown. Also, the help of a lawyer specialized in inheritance matters will guide you in case there is no agreement with the other heirs or any other type of process in which the will of the deceased has to be protected. Therefore, in this article we will share with you some tips on how to find an experienced inheritance lawyer in Spain.
1- Inquire about the lawyer's training and experience.
It is very important that when you begin your search for a lawyer, you select the most qualified in the field. Therefore, you should identify those legal professionals who have specializations in the area of inheritance. Or those who have successfully channeled other succession processes previously.
On the other hand, many clients tend to choose a lawyer based on fees. Although different standards can be found in terms of cost, it is not advisable to choose the "cheapest" one. They are usually lawyers who are just starting their careers in the area, so the risk is elevated by virtue of the lack of guarantees that they have carried out these procedures successfully before.
In this regard, it is important to use of an inheritance lawyer in Spain who has mastered the legal organization and drafting necessary to ensure that no inheritance-related documents run into problems. This applies in the case of anticipating and planning a will, as well as when matching assets and distributing assets and liabilities to heirs.
2- Raise your concerns regarding the inheritance and possible debts with the inheritance lawyer.
There are cases in which the heirs do not know the totality of the deceased person's estate, so in these cases it is relevant to have a legal team willing to investigate and collate the totality of the assets. Likewise, in the event that debts are also inherited, it is essential that the law firm to which you are going to turn to can evaluate with other professionals how to safeguard the estate.
In this regard, you can present the situation to your lawyer and analyze the quality of the answers and procedures that he/she will propose to you. In this way, you would have a margin of comparison and you could choose your inheritance lawyer through the solutions offered to them. Since in these cases a multidisciplinary team can yield better results, instead of analyzing things from limiting perspectives.
Generally, lawyers turn to other specialists, risk analysts, accountants, among others, to help them understand the total value of the assets and how to distribute them in relation to the debts of the deceased. This requires a thorough investigation and evaluation process, where the documents that prove the debts are collected and compared with the value of the assets.
3- Analyze together with the lawyer the processes to be carried out according to the conditions of your inheritance.
You can discuss with your lawyer how to start this process. For example, there are two ways to accept an inheritance: i) the simple one, and ii) the one with benefit of inventory. The first form has effects that cannot be controlled, since the heirs commit themselves to receive the assets and pay all debts and commitments left by the deceased. In this case, there is a risk that the debts will exceed the value of the estate, and the heirs will have to respond to these debts with their personal assets outside the inheritance.
In the case of accepting the inheritance In the benefit of an inventory, a process is carried out in which the certifications of the estate, banks and property records that the deceased may have had are obtained. At the same time they are compared with the debts and commitments acquired, in this way the real value of the inheritance can be known in advance, and the heirs can accept it or not. This constitutes an analysis of assets and liabilities to understand how the inheritance claim may affect those involved.
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