WHAT TYPES OF ESTATES THERE? There are two types of sequences:
- intestate succession (no will), which are the majority and
- The probate (With Will)
WHAT ARE THE COSTS FIRST TO START A SUCCESSION? expenses in processing a succession is gradual. But the former are getting items that prove the links between the deceased and the heirs (in intestate succession), the registration form in universal judgments, the bond and the lex for initiating and edicts. The data is not too onerous.
IS THE SUCCESSION PROCESS WILL AVOID? No, the will does not prevent the succession process. Should arrange a succession that is called probate. Differs only in part the succession procedure.
IS PUBLISHED edicts In a probate? Yes, although an heir is presented with a will, the courts often issue edicts ordering the same, to ensure there are no heirs and the will to be valid.
WHAT IS A WILL? is that act whereby a person has on the destination you want to keep their property when death occurs.
To prevent future problems, it is advisable to get advice from a lawyer about the most desirable form of will and its contents, and on all issues discussed below, depending on each case.
WHAT ARE THE TYPES OF WILL MOST USED? The holographic will and testament public deed.
CAN I WILL DO THE 100% OF MY PROPERTY? can do is inherit only if forced. Of them, can test for a percentage, depending on who your heirs (parents, spouse, children).
CAN revoke a will? Yes, every time you want. The last valid grant will have no effect all the above.
WHAT IS LEGITIMATE IN RESPECT A SUCCESSION? The self is the 'portion' of assets of the estate of the testator can not dispose freely, even if you want to, because by law the reservation of certain so-called forced heirs.
WHAT PERCENTAGE OF THE GOODS IS THE SOUND OF SUCCESSION? The legitimate children is 4 / 5, the parents 2 / 3 and the spouse 1 / 2. That does not mean you inherit that share of the inheritance, but also determines what portion unavailable for Will.
What is self-exceeding what can be disposed of by will in favor of any person (family or not, heir apparent or not).
WHAT IS LEAVING A LEGACY IN SUCCESSION? When a person dies can leave one or more assets or rights certain someone in particular. These assets are separate from inheritance and not be distributed among the heirs.
These goods are called specific legacies and beneficiaries, legatees. The legacy may be a specific thing or generic (eg., The department located on that side). The legacy should not affect the legitimate heirs.
IS IT POSSIBLE TO APPOINT
heirs and legatees in a will? Yes, if a person has no heirs may designate an heir to a cousin or a nephew or a couple common law partner unmarried (for general goods) and also assign a bequest (a specific asset, not all goods) in favor of a friend, a doctor or whoever. That is, legatee receive only the good. All others will receive the testamentary heir.
WHAT HAPPENS WHEN A PERSON DIES WITHOUT HEIRS HAVE DONE OR WILL? inheritance is deemed vacant and the goods are intended for education, formerly the Ministry of Education and currently the GCBA is not appropriate to leave the vacant inheritance, since the goods do not usually get to who should go. If you do not have natural heirs or does not want to inherit any relative, make a will in favor of a public welfare institution, which thus help the community and its heritage not be lost in the judicial bureaucracy and administrative corruption.
WHAT IS an executor? is the person appointed by the deceased in his will to implement the provisions contained therein, manage their property, if any, divided among the heirs, according to the instructions left in the will.
CAN APPOINT ATTORNEY IN THE WILL FOR SUCCESSION PROCESS? If the person who makes a will can leave appointed attorney that you want processed timely succession probate, because you trust.
CAN START A SUCCESSION IF ANY HEIRS NOT AGREE? If enough that a single heir to the start and report the existence of others, who will be cited by ballot to enforce their rights and will also be cited by edicts. But when the heirs are known, it is the obligation to denounce in the first letter.
WHAT DOCUMENTS DO I NEED TO START A SUCCESSION? Item death of the deceased and parties demonstrating their link with him (marriage, birth). If the widow, the marriage certificate and death of the spouse. Remember that the items to be presented in a sequence should be tariffs (no good free ones). Federal Capital if called for in any CGP and even the Internet.
JUDICIALLY HOW GOVERNING FEES IN SUCCESSION? Under Tariff Act, Federal Capital's fees are 11% to 20% of the real value of assets, reduced by 25%.
In the province of Buenos Aires, from 7% to 25% of the assessed value (which is close to the actual value) or the actual value.
Because the regulation of fees in a succession may be very high, it is desirable to hold a fee agreement with counsel before starting the process, as a percentage less (than usual is 7% to 10% of the value of property, depending on their importance: more goods, lower percentage).
If no agreement signed by the processing times of succession, the lawyer may seek judicial regulation of fees and be much larger than had been agreed in consultation with you
Similarly, attorney fees are appealable in succession (with another lawyer of course).
WHEN FEES PAID TRIAL IN SUCCESSION? This may agree with the lawyer. It may be in installments over the conduct of the trial, by placing the declaration of heirs of each good or if you plan to sell immediately. It is agreed with each client according to the characteristics of the case. Who seeks to maintain good unsold prefer to pay down or pay in installments as you are delivering the registration of the declaration of hederemos. Others do not have money to pay down during the pendency of the estate but have decided to sell immediately. In that case, the lawyer charged when you sell a property.
WILL BE SELLING THE ASSETS OF THE SUCCESSION WITHOUT ATTORNEY have paid your fees? No, in principle, can not sell the assets of the estate without having paid the fees to the lawyer. The judge will require the express agreement of all attorneys which intervened in the succession, not just the latter. These may object until it is paid or may be provided under the condition that the notary public to retain the amount that corresponds fees.
ENDS WHEN AN ESTATE? The sequence does not end with the issuing of the declaration of heirs but to register the same or partition in the Land Registry and receive testimony you registered. Is a common mistake to believe that because I was given the succession of heirs over. Not so. By contrast, there begins the most laborious and more spending. And you can not dispose of property hasta que no la haga.
¿ SE PUEDE HACER LA SUCESION POR UN SOLO BIEN CUANDO HAY VARIOS QUE INTEGRAN EL ACERVO HEREDITARIO? Si, en principio se puede iniciar la sucesión e inscribir la declaratoria de herederos sólo respecto a un bien y en el futuro, gradualmente, ir inscribiendo los bienes restantes. A veces no se conocen todos los bienes del difunto de entrada, no se tienen los datos precisos y luego se va ampliando la denuncia de bienes que integran el acervo sucesorio.-
¿ QUE ES EL ACERVO SUCESORIO? El acervo sucesorio es la masa de bienes (inmuebles, muebles, rodados, acciones, inversiones) que eran propiedad del causante (el fallecido) and that the death must go through the sequence.
WILL PAY INHERITANCE TAX RATE OR JUSTICE IN A SUCCESSION? From the 70's no more inheritance tax, although a bill to redeploy.
What exists in the rate of righteousness, which is 1.5% of the assessed value in Capital Federal and 2.2% of the assessed value in the Province of Buenos Aires. Until 2007 valuations of Buenos Aires Province were quite similar to the real and the city of Buenos Aires strikingly low. In 2008 the tax valuation date the Capital and this will affect the amount of the fee of justice. In filing fees should be added both in province and in Capital, the surcharge (a small percentage of the fee, which enters the Lawyers Welfare Fund).
edicts WHAT ARE THE SUCCESSION? The publication of banns is a mandatory step in processing a succession intestate (without a will), held three days published in the Official Gazette and another newspaper over the choice of the court, citing to heirs and creditors to make assert their rights. For it is given within 30 days from the publication of the latest edict.
When his estate consists of a single well of a value not billionaire, a lawyer can apply for an order to publish edicts only in the Official Gazette (the cheaper). The Probate
also issued edicts.
HOW TO FIND REAL MUST ENTER THE SUCCESSION WHEN THESE ARE UNAWARE? was found in the Register of Deeds and the Province of Buenos Aires, where you can arrange certificates with the name and ID number of the deceased and report all assets that exist in his name.
If it is unknown how the deceased was operating bank can free trade to Central Bank
Rapública
WHAT IS THE DECLARATION OF HEIRS? heirs
The declaration of the resolution issued by the court after the expiration of the edicts, recognizing the character of heirs who have been presented and demonstrated its link with the deceased. It is equivalent to "sentencing" in another type of trial, only the sequence does not end there. WHO
administer the estate? heirs can agree on who will be the provisional administrator of the estate. Not happen, the spouse takes precedence, except that another more suitable heir.
The designated administrator of probate, it must occur personally in court to accept the position and the attorney must arrange a testimony that will serve as a record for each step you make on behalf of the estate. Manage
course is not the same that have and also be accountable documented in succession.
INHERIT A SPOUSE "marital property? No, the death of one spouse, the other it does is remove the 50% that corresponded over property, and that the married couple ends in this case death. If there are children, the remaining 50% are inherited by the children in equal shares.
Common property is property acquired during marriage.
HOW INHERIT THE SPOUSE OF OWN PROPERTY? respect to the property of the deceased and having children, the spouse inherits like a son. Does not inherit the half. Inherited in the same proportion as if it were a child. This means that if you have spouse and 4 children, or surviving spouse (surviving) inherits only 1 / 5 of the goods. Like their children.
own goods are acquired before marriage or received by inheritance or free of charge.
MARRIAGE CHILDREN DO inherit only extramarital children? That was until a few years. Extramarital children inherit half the children born in wedlock. Fortunately, that discrimination no longer exists and all children inherit equally, whether born within a marriage or not.
WHAT IS A HOLOGRAPHIC WILL? type of will is the simplest and cheapest. The testator makes the handwriting, sign it and include the date. By presenting in succession will require two witnesses to recognize the letter and the signature and then protocol. But procedures that will be the heirs and not him. It is desirable (although not essential) that the signature of the testator this certified by a Notary Public or to register the holograph in the College of Lawyers of the Federal Capital (it is a process very economical). The advantage of holographic will is the ability to change often without spending a notary services. Similarly, the holographic will require certain formalities must consult with counsel, to avoid being challenged. There is a fear that the holographic will then be considered invalid. This happens when you do not meet the formal requirements that the Civil Code requires. If it is written by a lawyer and then transcribe what you do not run that risk. Moreover, my clients ask that once soil transcript showing me what to corroborate that there is no formal error. To sign not need witnesses.
WHAT IS A WILL WRITE FOR PUBLIC? s the will to prepare a folio of attorney a Notary Public. Is a script. Signed before the Notary in the presence of two witnesses. It is much more expensive than a holograph that may suggest an attorney. Its advantage is that if lost, or someone does disappear, it is copied to the Association of Notaries, but it can also be done with the holograph in the Bar.
JURISDICTION IN WHICH OPENS A SUCCESSION? jurisdiction depends on the last domicile of the deceased (or even the place of death, I can be casual to be there). That is, it depends on where the last vivía.Si address was in the city of Buenos Aires, the succession is dealt with in the Civil Courts of the Nation, in this city.
If the last address was in the province of Buenos Aires, can be initiated in the courts closest to the last address or even (with the agreement of all heirs) request an extension of jurisdiction in any town in the province. This means that a person may have lived and died in Mar del Plata and its sequence can be processed in San Isidro or San Martín if so desired by the heirs or the lawyer who processed.
WHAT IS AN ASSIGNMENT OF REMEDIES HEREDITARY? The lien and actions is a hereditary deed by which an heir left to others their rights (and obligations) against a specific asset or the entire inheritance. Must be presented in succession after the start and before ordering the registration of the declaration of heirship. Is used to divide assets between the heirs or to sell.
REGISTER HOW PROPERTY IN A SUCCESSION? The property of a succession may enroll in a condominium (ie, all heirs own the percentage that belongs to them) or having made a partition or assignment of rights where each is allocated a specific asset. Registration is not done before a notary but through the succession, with the participation of an agency attorney and judicial.
AGREE WHEN REGISTERING FOR A DECLARATION OF HEIRS TRACT SHORT? When the end of the heirs succession has clearly decided that they will sell the property, agrees that the registration of the declaration of heirship is made by short tract. That is, in the act and before a notary public good passes from the registered owner (the owner died) to the heirs and the heirs to the buyer. For that the lawyer should request that the registration is made that way and report name, address and telephone number of the clerk who will speak, who will authorized to withdraw for a few days the succession to the deed of sale by short tract.
WILL BE TWO SUCCESSION PROCESS TOGETHER? If it's the same goods and the wife died first and then the husband, the couple's children can handle two sequences together in a single file.
18.12.2009 
