Q: How are estate expenses with 5 heirs with different inheritances from the will. Proportional to $ received or equal div?
The will left everything to 1 person, who is deceased, their 3 kids are heirs. The deceased had a brother and sister who were not in will but are being allocated 1/9th each of the estate value (1/3 of 1/3 forced heir dispost). 5 heirs are using 1 attorney and 1 heir has their own. The question is what expenses are estate reimbursable and is it proportional to what is being received (like those that get more pay more of expenses or for example are the attorney fees equally divided among the heirs represented? This is the hang up. 1 heir doesn't want to pay there portion of attorneys fees for the attorney representing 4 of the heirs but that attorney has done all the work to benefit all (release of liens, sale of assets, taxes, hoa, stocks/bank releases, sale of real property etc) 1 heir doesn't want to contribute, and is claiming expenses are divided equally by all regardless of if one gets more than another, others are claiming heirs making more should pay more (proportional).
A:
If the deceased left is entire estate to one person who is - I assume - a sibling, I take it to mean that the deceased died without a spouse, without descendants, and without living parents. The way you describe the proposed distribution, it seems that the deceased granted his/her Last Will & Testament before November 28, 2020, under the previous 1930-Civil Code. Having no forced heirs (descendants, spouse) the deceased can distribute his estate has he/she deemed fit.
Expenses regarding probate legal fees are distributed proportionately among the heirs represented by one attorney. The heir retaining a separate attorney must pay for those services from his/her own pocket. Any and all expenses regarding the registration of probate rights with the Property Registry and with the Municipal Incomes Collections Center ("CRIM", by its Spanish acronym) are distributed proportionately among the participating heirs.
It is my recommendation that the heir unwilling to pay for his share of the legal fees, the allocatable portion of these expenses will be deducted from whatever amount he finally receives, at the moment of liquidating the estate. I say again, expenses and deductions are allocated proportionately to each heir's participation in the estate.
If the one heir holding out does not wish to contribute his share, you can always go before a court of law to intervene with the allocation, distribution, and liquidation of the estate. If this heir does not wish to submit to the court's jurisdiction, he can be served by edict (with the court's permission), and his share would then be consigned with the court. I strongly suggest that you bring this matter up with your own attorney.
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