Author: Esther García López

Source: Finanzas.com

Disagreements over the inheritance received, taking time to evaluate the pros and cons of accepting it, or disadvantaging other beneficiaries are some of the reasons why heirs might refuse to sign the distribution of an inheritance.

In such cases, the other heirs have legal tools to unlock the distribution of assets and claim their share of the estate.

Before taking these measures, experts recommend discussing the issue with the ‘rebel’ heir to understand their reasons for not signing and to seek a mutually agreeable solution.

“Most commonly, the heir is dissatisfied with the distribution. In these cases, it’s important to determine whether their objections are legally grounded and the monetary value of their claims, as some inheritances get blocked over the distribution of a materially insignificant but sentimentally valuable item,” notes Javier Marqués del Castillo, lawyer at Marqués del Castillo Abogados.

In this situation, heirs might opt for a partial distribution of the inheritance, where they agree to distribute some assets and leave the contentious ones for a later distribution.

Notarial Interpellation: The Solution to Unblocking an Inheritance

If an agreement cannot be reached, heirs who wish to proceed with the distribution can request a notarial interpellation.

The notary will inform the recalcitrant heir that they have 30 days to accept or reject the inheritance. They will also be notified that if they do not respond within this period, the inheritance will be considered accepted.

It is crucial to respond within the stipulated period, especially if intending to renounce the inheritance. If not, and if the inheritance has more debts than assets, “the heir will be obligated to accept the debts,” warns Carlos Sánchez, insurance and finance specialist.

According to Article 1,005 of the Civil Code, anyone with a genuine interest in advancing the inheritance process can request a notarial interpellation. This includes heirs or creditors of the deceased who wish to recover debts through the inheritance. If the notary does not perceive a genuine and legitimate interest, they will not proceed with the interpellation.

If the heir renounces the inheritance, the remaining beneficiaries can continue with the distribution process without them, and their share may pass to their descendants.

Going to Court: The Last Resort

It’s important to note that the notarial interpellation determines whether the heir accepts the inheritance but does not address the distribution of the assets.

If there is no agreement on how to distribute the assets, heirs can take the matter to court, where a judge will determine the assets that are part of the inheritance and how they should be divided.

Avoiding Inherited Problems

One of the risks to avoid is that “the inheritance gets blocked for an extended period, as it’s common for the situation to stagnate for years, which could ultimately affect the distribution and even result in losing the right to inherit certain assets,” warns Javier Marqués del Castillo.

Experts recommend that each generation resolve their inheritance issues, as it’s common for children and grandchildren to inherit a blocked estate from their parents or grandparents.

In such cases, the problem intensifies because when an heir dies, their successors must be involved in the distribution of the original inheritance, complicating consensus among a larger group.

30 Years to Claim an Inheritance

Beneficiaries have 30 years from the date of the decedent’s death to claim the estate’s assets.

Carlos Sánchez advises, “Do it without haste, but without delay,” as assets in the inheritance may continue to accrue tax obligations that need to be addressed, potentially leading to further disputes among heirs.