Services

Alarcón Abogados is a law firm located in Paterna (in front of the City Council), with more than 40 years of experience in different areas of the law, in which we have advised, managed and processed inheritances, donations, hiring, and we have assisted our clients in divorce procedures, evictions, interdicts, civil liability and property, traffic accidents... We also advise on matters tax, and as social collaborators, we assess and present taxes on Patrimonial Transfers and Documented Legal Acts, on Inheritances and Donations, Capital Gains...

INHERITANCE SPECIALISTS

Alarcón inheritances: Our office has extensive experience in the Hereditary or inheritance law (inheritances, wills, etc.). During For many years our clients have trusted our advice and management in emotionally complicated moments for them, and for the difficulty that an inheritance may entail.

First procedures

In an inheritance, the first procedures that we will carry out, once it is has the Literal Certificate of Death, it will be managed before the Registration of the Territorial Management of Justice to obtain the mandatory Certificate of Death Coverage Insurance Contract to know of the existence of life insurance, and also of the Certificate of Acts of Last Will that will tell us whether or not there is a will, and if applicable, before which notary was granted the last will to which we will go to obtain the authorized copy necessary.
Such certificates can only be obtained when 15 business days have elapsed since the death, prior payment of an administrative fee in favor of the Ministry of Justice, the pertinent Certificate of Last Will Acts to know where he granted the deceased the last will of him and before a Notary,. We will also have to obtain the Certificate of Insurance Contracts for death coverage to find out if the deceased had life insurance. In case it does not exist will or Insurance Contract, the certificates will rule on it.

Will

It is advisable to correctly read and interpret the will to the Time to leave and award an inheritance.
The will is the act by which a person disposes for after his death who will be his heirs, in what percentage and how they want distribute their assets among them. In the event that several wills, the last one granted will be valid.
There are different types of wills, but the most common is the called open will, which the testator grants expressing his will in the presence of a competent Notary.
We also advise on the testamentary provisions that must govern in his will

And if there is no will

If the deceased did not make a will, the declaration of heirs will be requested intestate by those who consider themselves entitled to succeed intestate of a deceased person.

Division of inheritance

The division of inheritance is the procedure by virtue of which the heirs or legatees agree to the distribution of the assets that make up the Heritage. This act may entail an adequate valuation of the assets that make up the hereditary estate.

Partition notebook

We advise, and where appropriate we write the partition notebook, in which will reflect the data of the deceased and the heirs, the inventory detailed assessment of assets, rights and debts, determination of the inheritance, interested parties and assets, and allocation thereof, in accordance with the testamentary provisions, or, where applicable, the succession rules intestate.
Carrying out a correct valuation of real estate is fundamental, and can sometimes mean significant tax savings, both in inheritance tax, as in future transfers.
Attention! In the case of a sole heir, it is not necessary to go to the notary's office. grant public deed, provided that the properties that exist in the inheritance are registered. In the event that there are no properties Public writing is not necessary either. In both cases it will be enough to correct preparation of a private document.

Mediation as a solution

We mediate to avoid conflicts between heirs. Mediation is a useful tool to solve problems that may exist between heirs, and in this way avoid a judicial procedure that may well It will surely be costly and traumatic for all concerned.

Taxes

We are in charge of self-assessing and submitting the Inheritance Tax and Donations, applying whatever tax benefits exist for each of them. heirs: reductions, bonuses… Although self-assessment does not go out to pay, it will have to be presented along with all the documentation of the inheritance at the corresponding Tax Agency.
Also, we communicate or settle the Tax on the Increase in Value of Urban Nature Lands, better known as surplusvalíalas, requesting bonuses if applicable. Regarding this tax, in other transmissions, the calculation option must be taken into account advantageous for your pocket, or if applicable, request not to be subject to the tax.
Correct filing of taxes could mean savings important economic.

Real estate, money, funds, vehicles

In order to dispose of the assets of a deceased person, it will be necessary that the acceptance and adjudication of the inheritance takes place, as well as having liquidated the Inheritance Tax, or the capital gain
In the event that there are properties in the inheritance, it will be necessary carry out the allocation of the inheritance, before being able to sell them to a third. However, the award of inheritance and deed of sale may be granted on the same day, as long as they have been managed properly carry out the necessary prior procedures.
Likewise, the accounts and deposits owned by the deceased person are will be unlocked by the banking entity once it has been presented and liquidated the Inheritance Tax. To change ownership administration of a vehicle in traffic it will also be necessary to have self-assessed the aforementioned tax.
Carrying out a correct valuation of real estate is fundamental, and can sometimes mean significant tax savings, both in inheritance tax, as in future transfers.

Life insurances

The Certificate of Death Coverage Insurance Contract issued by The Ministry of Justice will inform us of the existence of any insurance life of the deceased person. The beneficiary or beneficiaries of the capital due to death, they will have to self-assess the Tax on Successions.

Inheritance renunciation

The renunciation of inheritance must be express and before a Notary. This resignation in No case may be partial, when an heir renounces, he renounces everything the Heritage. The resignation may be pure and simple, or a third-party favor. person (be careful!, with taxes in case of resigning in favor of a third party person).
However, if in a will you have the status of heir and legatee, in that case, you could renounce the inheritance and accept the legacy. In that case, you could also renounce the legacy, and accept the inheritance.
The main reason for resignation is usually due to the debts of the deceased, exceed the value of the assets that make up his estate hereditary.

Acceptance of inheritance for the benefit of inventory

When the heir is certain, or strongly suspects, that there are debts in the inheritance may take advantage of this option. Through this acceptance The heir is responsible for the debts of the deceased to the extent of the hereditary assets, without involving personal assets.

Other specialties:

EVICTIONS

We try to recover your home in the shortest possible time by urging eviction procedure in its different modalities: non-payment of the rental, termination of contract, illegal occupation, precarious. Prior requirements, to avoid, where appropriate, the enervation of eviction.

EXTINCTION OF CONDOMINIUM

We mediate or process condominium termination processes, that is, when a thing (flat or home) is indivisible, and marriage, couples or heirs do not agree that it be awarded to one of them, indemnifying the rest will be sold and the price will be distributed. This extinction can be achieved by agreement, or by resorting to a judicial procedure.

SEPARATION/DIVORCE

For many years we have processed separation and divorce procedures. prioritizing humane treatment in those difficult moments for the family.
We process divorce through the channels of mutual agreement between the spouses, accompanying the demand the regulatory agreement that will govern the relations relatives hereinafter: parental authority, custody, visitation, allocation of family housing, alimony, pension compensatory, liquidation of the matrimonial property regime. This is usually the best option to avoid tensions between spouses, and also the most economical, although it is true that sometimes it is not possible.
In the event that there is no agreement between the spouses, it will have to be processed a contentious divorce, which will consist of the request to the Court of the dissolution of the marital bond by one of the spouses without the consent of the other.
We also process procedures for parent-child measures in the cases of couple breakup when there is no marital bond, which at just as divorce may be followed through the channels of mutual agreement between the parents, or through litigation.

TAXATION/TAXES/TAXES

Before undertaking any inheritance operation, donation, sale... it is It is advisable to study and assess the fiscal or tax repercussions that have for the taxable person, and choose those options that legally may be more advantageous to your interests. We advise you on the IRPF, VAT, Taxes on Property Transfers and Legal Acts Documented, on Inheritances and Donations, Tax on the Increase of Value of Urban Land (capital gains), IBI...
In addition, we also settle taxes on Patrimonial Transfers and Documented Legal Acts, on Inheritances and Donations, Capital Gains...

DONATIONS

What is better to donate the property to my son during his lifetime, or than by title? inheritance?. These and other questions are usually common, and require a Correct advice on donation tax to avoid surprises unpleasant. This tax can have bonuses between parents and children, but be careful, the donation of real estate, no matter how unusual it may seem is taxed on income for the donor as capital gain, and is also a operation subject to Capital Gain for the donee.

HIRING

Preparation of contracts, studying in detail the clauses that must be to integrate it.