Frequently asked questions about Succession

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My nephews renounced their father's estate 10 years ago. Their grandfather passed away last year. His house has just been sold. Can they perceive the share that should have gone to their father?

Yes. Article 754 paragraph 4 of the Civil Code provides that one can represent the person whose inheritance has been renounced. Even if the children have renounced the estate of their predeceased father, they can re present him in the estate of their grandfather.
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My husband died. The only property belonged to him and he had two children. Can they force me to leave despite my inheritance rights?

It depends. If it was your main residence at the time of death, Article 764 grants you a lifelong right of use and occupancy (including furniture). If it was a secondary residence, they may require you to leave since the law does not grant usufruct without agreement (Civil Code, Article…
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My husband died. The only property belonged to him and he had two children. Can they force me to leave despite my inheritance rights?

It depends. If it was your main residence at the time of death, Article 764 grants you a lifelong right of use and occupancy (including furniture). If it was a secondary residence, they may require you to leave since the law does not grant usufruct without agreement (Civil Code, Article…
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I am sole legatee in an estate with no children or spouse. The notary says he will send a copy of the holographic will to the court registry. Is that necessary?

Yes. When the will is handwritten and there is no protected heir (child or surviving spouse), the notary must draw up a report of opening and description. Within one month he must send it, with a copy of the will, to the court registry so that “ any interested party…
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After their retirement, my parents moved to Portugal, where they bought a house. My father has passed away, and we need to appraise this residence for the inheritance declaration. How should we proceed ?

Generally, when the deceased owned real estate, the value to be considered for the inheritance declaration is the market value on the date of death (Article 761, paragraph 1 of the General Tax Code and BOI-ENR-DMTG-10-40-20 §20). This is the value that would be obtained if the property were sold…
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