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My mother in law died 3 years ago and left the apartment in Fuengirola to my wife. She took out a private loan some years ago against the property. When she died we took over the payments because we were led to belive that the debt does not'die' with her....is this correct....any help would be a great relief
Hello Fatherkay,
In Spain, when you inherit a property you also inherit any debts attached to it, so your wife is correct in continuing paying the loan charges. The option a person has in order not to inherit any debts is to renounce to the inheritance.
Best Regards,
Many thanks for your kind reply. To move on further from this we need a lawyers help in sorting the following mess out.Quote:
Originally Posted by Patricia
As stated my mother in law left the apartment to her daughter in a will. Originally another sister was included in this will but about 3 years before she died they had a major dispute and was removed from the will and it categorically ststes that she has been removed.
My wife and I now wish to sell the apartment but will the other sister have any claim to it? Also we are still paying off the loan company that my mother in law got involved with previous to her death. Is there any way we can sell the property and THEN pay off the company as we cannot afford to do it without selling first.
Also could you recommend someone to act on our behalf or at least look over the relevant documents to see where we stand?
Kevin
Dear Kevin,
Your sister-in-law could contest the will in the event that no other assets had been left to her, and providing your mother-in-law had left all her estate to your wife, as in Spain the rights of the legitimate heirs are respected, as opposed to the UK law, where there is free disposition of the assets. Therefore, I would need to have more details on the case to advice further.
We can certainly assist in the matter, so please feel free to send us the relevant information by e-mail through our website´s contact form.
Best Regards,