Who is entitled to inheritance in Brazil
Good Morning, Good Evening, good evening, Good Morning, today we will talk about inheritance, a protected right, which by the disorganization of the dead, or by the discord of the family, becomes instead of a blessing, a source of division and stress.
Just so you can understand quickly how things happen and how the “briguer” begins:
I have been called to the home of a family in mourning, a young child died, and he had just had a little girl, did not live with the child’s mother were no longer together, ” the young man who has just died left him with debts in the names of the parents, and brethren, summing up all the features you would come to the family upon the death of a young man, DPVAT insurance, life insurance, death benefits to the daughter, and the “setting” of the job they gave up to R$ 50 thousand a year.
Question, is the family that lent the name to the young man who just died going to get some of that money to pay off the debts? Who is this young man’s heir, will his parents receive anything?
The sad part is that I already knew exactly what was going to happen in that room, where I was called by that grieving family, when I started talking about the values, that a 555 good lawyer 555 draws from the death of a loved one in that situation the grieving environment changes, it gets weird, the next step is the fighting family. I warned them that if they didn’t, if they organized the same day everything would just be a fight, but!
What we call an inheritance, is called technically in the right of succession, it can be given in life, through a succession palnejament or by death.
Organized people make succession in life, seek a lawyer and through a simple document called the Will, which is the manifestation of the will of the person. The law says so on the subject in the Civil Code:
“Art. 1.857. Every capable person can dispose, by Will, of all or part of his goods for after his death.”
Of course, in the Will, you can’t leave your parents if that’s the case, your children, or your partner or wife with nothing, half have to stay for that kind of heir, the other half you do whatever you want, but there are times when parents, take nothing, and we’ll see soon enough.
This will, it may be public, made in the will, or it may be private, when the Will is private one must be more careful and choose very well the witnesses who must sign the will together with the person, in which case it is good to recognize the firm as true of the witnesses and of the person who is leaving the inheritance.
I myself have a Will, where I protect and distribute my possessions to loved ones, if I miss tomorrow, there will be a little surprise because I left a little more for one than for another, but there will be no fights, because it’s all on paper.
But now to answer the question in the case I told you about, the parents don’t take anything, neither do the brothers, even though they borrowed the name for the late young man to shop and left debts in his name, unless they could prove it in court, which in their case is impossible.
The only heir in this case is the newborn daughter, from her all the resources that comes with the death of the father, the insurance, the DPVAT insurance, the wage settlement, the death pension, the entire estate of the young man who has just died, must go to the necessary heir, in the case of the daughter.
When I explain this, the family is indignant at the moment, like the parents, who even the son lived with them, made debts in the name of the parents, so they will not inherit anything?
It is because the inheritance when not placed in testament, goes only to the necessary heirs, and this means that there is an order of preference between the heirs, the wife or companion depending on the prenuptial agreement they usually get 50% and the children with the other 50%.
It is only when the dead have no heirs “forward” that the inheritance goes back to the parents and brothers, even if the dead had a wife or companion the picture changes, because the brothers do not inherit, only the parents and the wife or companion, with 50% each.
No one likes to think that one day he will die, but if you want to prevent people from fighting over his coffin, you better find a good lawyer and make the will.