SPECIALIZATION

In its more than four decades of experience, the Schomerus law firm has specialized in real estate and inheritance law (integral management of sales and inheritance), claims for damages in traffic accidents in Spain, resolution and advice in the area of timeshare contracts, debt collection and consumer rights.

These are our main areas of expertise

We advise and help our clients in their real estate purchase and sale operations

We specialize in claims for damages caused by negligence, carelessness or lack of care in the functions of professionals and services

Count on us if you need legal support in claiming unpaid or any kind of debt

From our extensive experience in this region, we provide legal advice to residents and non-residents in Spain

Inheritance Law in Spain

In the right of succession, especially as a foreigner, you may experience unpleasant surprises when you want to organize your inheritance or receive an inheritance as an heir, given that the right of succession has been changed considerably by European Regulation 650/2012, which came into force on 17.8.2015.

In the past, one could trust that the national law of the testator applied. Today, however, it depends on where his “habitual” residence is at the time of death. It is not difficult to imagine the problems that this entails, because many Europeans live both in Spain and, for a long time, in their countries of origin. And how many people know, for example, that under German law the spouse usually receives half of the inheritance in the event of the existence of two common children, but according to Spanish law only one third, and this not on property but only in usufruct?

Pre-inheritance counseling

Therefore, it is absolutely necessary to be well informed before making a will to dispose of your estate safely. We will advise you, individually, and if you wish, we will prepare a will, accompany you to the notary, provide you with translation services and answer all related questions.

Recently, in a series of articles on the CBN (Costa Blanca Nachrichten), we described a number of situations in which such advice was lacking and wills previously drafted before a German or Spanish notary were interpreted very differently from the will the testator had intended. Therefore, our advice focuses on:

Advice before and after inheritance regarding the situation of family and tax law of the interested persons

– Your status as a resident or non-resident and how this affects the applicable law

The drafting of wills taking into account domestic and foreign assets and previous marriages

Information on inheritance rights and legitimate or possible waivers

Advice regarding individual solutions between succession in advance via sale/gift and correct inheritance planning

Inheritance advice

Obtaining an inheritance after a death is much more difficult than people think, because according to Spanish law when you accept the inheritance of assets that are located in Spain (real estate, bank accounts, vehicles, etc.) this has to be done before a Spanish notary and then you have to pay the corresponding taxes (inheritance tax and possibly the tax on the profits obtained , the ‘plus valia’). Only then do banks release the credit balances and only then can the real estate be transferred to the Land Registry.

However, achieving the notarial deed of acceptance of inheritance can involve many difficulties. We analyze your situation, inform you about the applicable inheritance law and all the necessary documents , help you to obtain them and, if necessary, translate them. We will apply for the negative declaration from the Central Office of Wills in Madrid, obtain extracts from the property register, calculate the value of the property for the declaration of the inheritance or request the necessary bank certificates, just to name a few examples. Our services are comprehensive and complete, from the consultation to the preparation and execution of the appointment with the notary. We can also carry out this appointment with notary powers without the heirs being present. We provide the necessary translations for heirs who do not understand Spanish well. After notarized acceptance of the inheritance, we ensure that all necessary documents are prepared for the authorities, taxes are paid, and changes to the records are made. When we finally deliver all the documents, everything will be arranged and done.

Here we can also proudly refer to the reviews of our previous clients, for example in www.anwalt.de.

One of them says: “We turned to Mrs Schomerus for an inheritance. Previously another lawyer had misinformed us …. Dr. Schomerus put everything into action… And to meet a deadline she even worked during her holidays.”

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SPECIALIZATION

These are our main areas of expertise

Real Estate Law in Spain

Inheritance Law in Spain

Consumer Law - Internet scams in Spain

Traffic accidents and general assessment of personal injury

Medical Liability in Spain

Holiday Rights - timeshare in Spain

Contract law in Spain

Cross-border assertion or enforcement of claims

Transport law (national and international)

Litigation throughout Spain