Q: My father-in law passed & had a Joint bank account with his daughter. 1 other son, how is that divided? No will
A: Good evening and thank you for using JUSTIA. Since he passed away with no will ( intestado) an estate must be created. This is done by filing a petition in court to name all inheritors. Once the court issues resolution, you mst file an inheritance tax return with the local tax office (Hacienda). With the tax release that is issued by the tax department you go to the bank and they will issue a check in the name of the inheritors. Each inheritor is entitled to 50% of the monies belonging to the account. In the event the daughter claims that a certain amoint was of her personal use then she must show evidence of such. Otherwise the money in the account is split equally among the inheritors.
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