Learn about the rights of heirs

Disagreements between heirs are not uncommon when it comes to the division of assets of a deceased person. Disagreements are common, especially when the owner of the property did not register, during his lifetime, who should own it. inheritance.

When this indication is not formalized in a notary's office, through the usufruct, The transfer of the deceased's assets must first be formalized by the inventory process. According to article 611 of the Code of Civil Procedure, this inventory must be made within 60 days of death. When this deadline is not met, a fine is imposed on the transfer tax.

Done inventory comes the division and what applies is the Law of Succession, i.e. the set of rules that governs the transmission of the deceased's estate to their successors.

In the system of succession, according to article 1829 of the Civil Code, The first line of heirs, made up of the descendants, has the right to receive the deceased's estate. The sequence to be taken into account is:

1. Children
2. Grandchildren
3. Great-grandchildren (a very unusual situation, but it can happen)

Ascending Heir

There may be situations in which the deceased has no descendants. In this case, the inheritance is passed on to a second line of succession, i.e. the ascendants, according to the order:

1. Parents
2. Grandparents
3. Great-grandparents

The deceased's partner or spouse is also entitled to share in the succession. According to the law, the sharecropper has half of the assets according to the regime adopted during the couple's union.

Collateral heirs

Finally, if the deceased has no ascendants, sharecroppers or descendants, collateral heirs, i.e. relatives up to the 4th degree, are entitled to the inheritance in the order of succession: in order, they are siblings, nephews, uncles and cousins.

However, if the deceased person has none of these relatives, the estate goes to the state.

Usufruct

O usufruct is a widely used way of avoiding disputes in inheritance divisions. Through usufruct, the owner of the estate allocates their assets to whoever they believe is entitled to them. In practice, whoever receives the property will have the right to usufruct and enjoy its fruits, without being the owner. They will only be the owner when the owner of the property dies.

For example: a father gives his property to someone who thinks it's better to keep it. This father makes the usufruct, registers it at the notary's office and the deed states that the fruit will belong to his son. However, the use remains the father's and the fruit will belong to my son, who will only be the owner when the father dies. Until his death, the son is the naked owner.

If the owner of the property dies before the owner of the property, by law the property goes to the next heir in the line of succession, in this case the grandson of the owner of the property. He/she will have the fruits of the property and will only be the owner when the grandparent dies.

Under the law, when deciding on the usufruct of their assets, a person has many possibilities and the process can have more than one usufructuary. During life, a person can leave their assets to whomever they wish. It is very common for a father to leave his estate to his children, but some people leave it to their siblings, for example.

The usufruct process is most commonly used for real estate, but it can also be used for companies, cars and even cattle. The important thing in this process is to have the usufruct notarized so that it is valid and always rely on the advice of a lawyer. It is this registration with a notary that will make the usufruct valid, avoiding any future disputes.

In this article you'll find out all the information you need to know about usufruct.