26 Aug Probate Court Lawyers in Argentina
Probate Court Lawyers in Argentina
In general terms, probate in Argentina is the court process of wrapping up a deceased person’s estate. It’s the state’s way of making sure that the estate pays its debts and tax obligations and that estate property goes to the correct recipients. Probate is often time-consuming and expensive. It can be useful for some estates—especially those that are heavily in debt because it manages communications with creditors.
By default, your estate will go through probate after you die. But with some planning, you can minimize your estate’s time in probate. If you want to avoid probate, you have a few options, but you’ll need to learn more about probate in Argentina or see an attorney for help.
Who needs a will?
Most people should have a will. Even if you don’t think you need a will to distribute your property, you may need to make a will to name an executor or guardians for your children.
What is a will?
A will is a legal document that expresses a person’s wishes for what should be done with his or her property after he or she dies. You can also use a will to appoint an executor, name a guardian for your children, set up property management for young beneficiaries, or forgive debts.
What happens if I die without a will?
If you die without a will, Argentinian Law will determine who will get your property; normally, this will be your “closest” relatives, like a spouse, parents, children, or siblings. If no relative can be found, the property goes to the Argentine State.
Any debts owed by the estate will be paid before the property is distributed to relatives.
Dying without a will is called dying “intestate.”
Who should draft my will?
You can make a will yourself, or you can have an attorney draft one for you.
Can I dispose of my property in any way I wish?
According to Argentine Civil Law, you can give part of your property away however you wish, but there are a few exceptions. Your spouse may have a right to some of your property, and your children may be able to claim some of your property unless you expressly disinherit. Also, your estate will have to pay any debts that you die owing, and those debts will be paid before any property is passed to your named beneficiaries.
Can I appoint a guardian for my children in my will?
Yes. A will is the best place to indicate who should be your child’s guardian. Keep in mind, however, that courts will not automatically appoint the person you name. A court will always consider your choice, but it will also assess the situation and then appoint the person it thinks will do the best job for your child. Also, if your child has another living parent, that parent will care for the child—the court will not name a guardian unless that other parent is found to be unfit.
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