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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6080
Experience:  Spanish Attorney
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Father passed away 9 years ago, my mother 2 years ago. Probate

Resolved Question:

Father passed away 9 years ago, my mother 2 years ago. Probate completed on both. Thirty years ago my father and his business partner purchased a property/apartment in Spain. My father sold his half to his business partner and monies were exchanged with a Gentleman's was duly signed and witnessed (no title deeds were ever drawn up). His ex business partner died the end of last year and widow is now trying the sell the property.
Unfortunately my siblings and I were unaware of this problem. We are not seeking to inherit any of proceeds: Although under Spanish law they say we must. Is there a way we can sign over the property to his widow, without incurring and tax liabilities. And who do those liabilities lie with if we had no dealings with the property for 30years?
Submitted: 3 years ago.
Category: Spain Law
Expert:  José M. replied 3 years ago.
José M. :

Hi there

José M. :

José M spanish solicitor

José M. :

According to spanish law,heirs must pay transmission taxes in the next sixt months from the fact of the death and tax office have 6 years from that date to claim for taxes

José M. :

So, your sons has not to pay, because the right of the tax oficce now is over

José M. :

So, they have not to pay in order to be owners by themself of the half of the propiety, BUT now, if they sell out, they will have to pay taxes, as sellers, in the City hall

José M. :

So, they have to manage with her and get an agrement in order she pays the all the taxes due to be paid for your sons

José M. :

So, once they get that agrement, that the taxes due to pay will paid for the widow, they could sign the sold out to her with out problems

José M. :

The main problem is not the taxes due to pay when the father passed away, the problem is now with the taxes due to pay when they sell to her

José M. :

So, if they do not want to pay a penny, she has to sign that she will pay all the taxes and expenses

José M. :

I will be here if you need more help

José M. :

Thank you

José M. :

Please ask whatever you need, I will answer you as soon as possible

Customer: With respect I already came to that concluso
Customer: Conclusi
Customer: Conclusion already: sorry kept hitting the 'Return Button' I'm none the wiser. They are not my sons, BUT my Brothers and Sisters. I just wanted to if Spanish law would accept our family proposal.
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