Re: inheritance
 

Karma will get him ......... hopefullyhttp://2.bp.blogspot.com/-3HTO4If1lX...rma+quotes.jpg

Re: inheritance
 

They always say that missile and what goes around comes around, only hope I'm still around to see it.

Re: inheritance
 

what gets me Missile is he was critically injured on a motorbike and on a life support machine. We looked after him for seven years until he could fend for himself and thats what we get from him.

Re: inheritance
 

I think your on the same lines as me Missile.

Re: inheritance
 

The process I was talking about is called

EXTINCION DE CONDOMINIO

Hope this helps

Re: inheritance
 

Interestingly, I saw the Karma message from the point of view of the fourth son!!

It seems that the OP and her other sons are getting what they deserve and rightly so.

No amount of threats from lawyers would make me sign something in this situation. Threats from lawyers aren't worth the paper they're written on. Only the courts can order somebody to do something.

Clearly, the OP thought she could bulldoze her son into complying with her instructions. Maybe it's time you and your other sons apologize to the fourth son for something that happened a long time ago ????

He knows all this is driving you nuts and I bet he's enjoying every minute of it.

Re: inheritance
 

I don't know how different spanish law is, but in UK , it is the executors responsibility to dispose of the deceased assets and distribute them according to the will. I was executor for my FIL and his will said his house was to be split equally amongst his 3 children. One did not want me to sell the house so the alternative was we had it valued and offered the two thirds of it he did not own to him at market value. (probate value). He could not raise the mortgage needed so as executor I sold the house (in my name as "executor of ..." and gave him his share of the proceeds. As executor I could not be stopped from selling the house,unless he was ALREADY a joint owner or a tenant in common,(which he wasn't) but could be challenged by the beneficiaries that I had not obtained the best price. On the other hand, I was also executor for my father. In this case after probate we had the house put in our 3 names as tenants in common. After a couple of years one of my brothers and I wanted to sell , but my other brother did not as he thought we should keep it a few more years for the value to appreciate. In the end it took us another year before he finally agreed to sell the property but did not want to share the sale costs. We gave in! I hope your spanish solicitor comes up with a satisfactory answer. :)

Re: inheritance
 

I know where you are coming from, I am also puzzled as to why the sons agreement is needed to handle the estate. I executed my fathers estate, the children all inherited equally (intestate in this case) and I sold the house single handedly as executor without needing to get any signature from my siblings.

Re: inheritance
 

Spanish inheritance law is totally different from UK law, so any experiences in the UK are mainly irrelevant.

The key differences are that there is no "estate" as such, just individual inheritances. There is no executor either. Each beneficiary is responsible for paying the inheritance tax on his estate. The property cannot be sold until all the tax is paid and the sale can be blocked by any one of the inheritors as they are all co-owners.

Re: inheritance
 

The property is in Spain but that does not mean Spanish inheritance law applies. It sounds like OP does not live in Spain so perhaps husband did not and was UK domiciled, in which case this is UK inheritance matter and there simply happens to have an overseas asset in the estate.

Re: inheritance
 

That's what I assumed, that the OP was in the UK and that the will was a UK will, in which case UK law applies. So the OP as executor can unilaterally sell the asset as long as the proceeds are distributed according to the will and the executor has achieved the best price.

Re: inheritance
 

If the property is in Spain, then Spanish inheritance tax will apply, irrespective of the residency of the beneficiaries. Property owned in Spain is usually covered by a Spanish will and excluded from any English will. The OP has implied that it is a Spanish will.

That means that the property cannot be sold until the IHT has been sorted out.

Re: inheritance
 

Yes, in post #9 she says it is a Spanish will.

Re: inheritance
 

Sorry - missed that.

Re: inheritance
 

Hi from the France forum, where the same applies. The Taxe de Succession must be sorted out before a property can be sold.
There's the same problem of each heir having to agree to the sale. If it's possible for heirs to "waive" their share to another family member, it would involve an awful lot of paperwork before the Notaire.
One of the quirks of Latin European Law!
The OP should consult the Notario who dealt with the original sale.
Hope she finds a solution, but I doubt that it'll be found before May....