Spanish Law

[Plumpie]

I have a joint bank account in Spain with my partner who died nearly 3 yrs ago. I told the bank he had died but as I'm not responsible for dealing with probate they won't take his name off the account. His relatives who should settle everything off won't do it. I have to keep topping the account up as I am still paying his taxes out of the account

[bednobs]

how can he still have taxes?

[bednobs]

and why are you paying them? why wont the relative settle?

[Plumpie]

We have a villa and a joint bank account so everything comes out of the bank automatically his relatives have been told they can settle everything of by going over to Spain and doing it themselves or arranging power of attorney by a solicitor but they have done neither so I still pay his share of bank charges

[woofgang]

withdraw your money and pay it into an account in your name and remove your name from the joint account?

[Prudie]

How confusing. So who owns the villa now? Was it part of his estate and his half didn't pass to you?

[Plumpie]

His relatives told me they wanted to sell me his share which I said I would but they wanted me to just give them the cash. I said this couldn't just happen as it needed to be done legally through the Spanish system so they have done nothing

[bednobs]

far to little info to realistically advise you. I preume if you did buy his share you'd be paying ll the taxes anyway, so you are no worse off i suppose.
It seems to me the best thing you can do is talk openly and honestly with the executors and find out why they don't want to go to spain (or appoint POA) perhaps it's going to cost them too much oney, or maybe they arent getting anything from the estate so they have nothing driving them to get it sorted. Perhaps you shoud start billing the executor for hi share of the taxes - that might focus their energies

[Plumpie]

It seems like they don't want to settle his estate. I wanted it sorted out so I could settle my affairs and wouldn't leave my family with a problem. Thanks for your opinions on the matter

[fiction-factory]

Do you have a copy of the death certificate?
Can you close the account or withdraw all the money then take your name off?

[Maydup]

Sorry for your loss Plumpie, its not good to have this unresolved after 3 years. Can we assume there was no will?

Do you still use the villa as much as you used to? If not then maybe its best to sell it and be free of the worry. Or if you want to keep it and buy the family out then I suggest its time to get a bit of legal advice yourself to help move things along. There are plenty and this is not a recommendation, just an example of the type of firm you should look for in your area.

http://www.sjstokersolicitors.co.uk