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THE BOUTIQUE THE WEATHER INTERACTIVE CAMPSA GUIDE
Dealing with wills
by Antonio de Lorenzo
The death of a loved one is always painful for relatives, but that difficult time can become even more complicated if the deceased has not left his or her house in order.
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As with any inheritance, money left in a bank account is often the source of disputes between the bank and relatives of the deceased. To avoid this kind of problem, the Bank of Spain has drawn up a series of rules for passing on the money to the right people, once they have met their tax obligations.
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Family fights often ensue when there is money at stake, so banks have to be careful. Banks also have a special responsibility with the tax authorities because of inheritance tax that heirs must pay on the cash or other property left behind by the deceased. Thus, banks or savings and loans can no hand over funds or shares belonging to the deceased until the taxes have been paid.
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The death of an account holder does not stop other people whose names are on the account from handling money in the account, although heirs can report any transaction made after the death. With a certified letter than can have the bank block the account.
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In any case, the period right after the death is especially important for the heirs, not just to prevent improper transactions but also to protect their rights. Persons who can legally prove they are heirs can ask the bank for information about the account, such as origin of funds, transactions or balances at any time.
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In the event of a dispute among the relatives of the deceased, the bank should stay out of it and wait either for an amicable settlement or court order spelling out who is entitled to what from the account.
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The procedure can be much more complicated if the deceased has not left a will. This official document dictates what it is to be done with a person's property. Spanish law says that when a person does not leave a will, the widow or widower receives a third of the estate, while the other two-thirds are divided among the children. In this case the notary writing the will is key to assuring that everything is done legally and making sure there are no technical or linguistic ambiguities that jeopardize the desires of the person ordering the will or the rights of the heirs. The law says the division of the two-thirds part for the children does not always mean the same amount for each child. Rather, a third of this part is divvied up equally. Another third, known as the "mejora", can be earmarked for whichever of the children the parent specifies. The final third is of free use and can even go to someone outside the family. If there are no children, the heirs are the parents. They will get half the estate, unless the will-holder was married. In that case, the parents get one third.

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