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Post by scumbuster on May 1, 2016 8:20:47 GMT -5
Anyone who has spent much time in Colombia knows that every time you ask a question to 4 people you will receive 4 different answers. Even from government offices. I have heard several different answers on the subject of the death of a spouse in Colombia. 1. It's similar to the US in the distribution of 100% possessions to the remaining spouse, and parents, kids and more distant relatives can come into play if there is no spouse. 2. That a spouse would receive 50% of the passed spouses belongings/property and the other 50% is divided amongst remaining blood relitives. I have also heard variances on #1 and #2. So does anyone know the regulations regarding such things. This would come into play most notably with bank accounts and property.
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Post by buenopues on May 1, 2016 9:29:02 GMT -5
I spoke to a lawyer once about this. She said a property you own at death will go to your children. I don't know where a wife fits in because I was not married at the time but children seem to take priority. You can't will your property to another person or institution if you have children...that is what I was told.
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Post by barrumundi on May 1, 2016 10:04:19 GMT -5
There was a Colombian lawyer many years ago that used to post on the Colombia forums. Esteban Rada ?? Can't remember his name. He used to give free general information and I think he picked up some business from us gringos. This could be him: pview.findlaw.com/view/3935270_1
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Post by scumbuster on May 1, 2016 10:15:53 GMT -5
I was thinking along the lines. I have a house jointly owned with my wife. If something happened to my wife, would I have 100% ownership then or would inlaws or others then have partial ownership?
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Post by barrumundi on May 1, 2016 10:33:17 GMT -5
Well scumbuster , I have some good news and some bad news. The good news is that I have found the answer to your question. The bad news is that you have to wade through 16 pages of 'whatfors' and 'wherefors': Colombia_intlestate 1.pdf (323.18 KB) Good luck!
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Post by buenopues on May 1, 2016 11:17:18 GMT -5
Why scumbuster you're not thinking of...but no I don't see how the inlaws would get in the picture. But I'm no lawyer.
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Post by dandl93 on May 1, 2016 15:46:54 GMT -5
I just talked to a lawyer about this a few months back.He told me Colombian law goes by lineage even with a will a person can not go more then 20% out of the lineage law.
1) Spouse to Spouse
2)Surviving Spouse to Children
3)No children to parents
4) down the line
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Post by billyb on May 1, 2016 17:11:36 GMT -5
Dan is right, but you can also designate up to 25% as a "mejora", which is a mechanism that allows you to leave something extra to a particular relative (including a surviving child, in addition to their mandatory share), friend, institution...etc....if I recall correctly. That particular clause is one that always tends to cause problems within the families.
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Post by búfalo on May 2, 2016 13:59:44 GMT -5
your family may also "magically find" a son or daughter once you are dead to have more of a claim on your property. Haooenes to.my sis in law
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Post by dandl93 on May 2, 2016 15:47:39 GMT -5
The biggest problem with Colombian lineage law is for some people if you have children from another marriage.If you die it goes to your Colombian wife and she does not have to share till she passes.
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Post by billyb on May 2, 2016 17:23:49 GMT -5
And in the meantime she will do her best to spend it all before she kicks it.
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Post by mudd on May 2, 2016 17:45:07 GMT -5
esteban told me last year that if you have property and your a foreigner, your kids have 6 months to claim it before the govt takes it.
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Post by barrumundi on May 2, 2016 18:14:02 GMT -5
"your kids have 6 months to claim it before the govt takes it. "
Could be an issue if you have gringo kids from previous marriage(s).
Best to have a will so that at least your family will know what you want to happen .........even if that's not what really happens.
You won't know anyway.
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Post by barrumundi on May 2, 2016 18:22:06 GMT -5
esteban told me last year that if you have property and your a foreigner, your kids have 6 months to claim it before the govt takes it. It won't take 6 months for any of your Colombian offspring to put out their hand for a piece of pie. Jajajajajajajaja
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Post by billyb on May 2, 2016 18:46:48 GMT -5
It won't take that long for only one to be left.
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