Do sons-in-law and daughters-in-law have the right to inherit from their parents-in-law? See what the law says

 

How long must a couple live together to be entitled to inherit?

 

TJSP rules out ITCMD on inheritances and donations from abroad

A couple is in a stable union and one of them receives an inheritance. In the event of separation, do these assets come into the equation?

In an article for Correio Braziliense, lawyer Samantha Teresa Berard Jorge clarifies that, in a stable union without a contract, inheritances are not included in the division of assets, but their fruits can be shared.

“The inheritance received during the stable union does not enter into the division of assets in the event of separation, following the partial communion regime, unless the inherited assets are converted or replaced, and it is crucial to document these changes,” explains Samantha.

Check out the full article at https://www.correiobraziliense.com.br/direito-e-justica/2024/06/6876497-namoro-uniao-estavel-e-casamento-entenda-os-detalhes-e-diferencas.html

Return

Author

Samantha Teresa Berard Jorge

Samantha Teresa Berard Jorge

Related publications

Brazilian legal publication highlights Briganti Advogados as an admired law firm in the São Paulo region

We are recognized by the national publication Análise Advocacia Regional, which highlights law firms that perform outstandingly in their region.    In 2022, the publication Análise Editorial highlighted Briganti Advogados in the list of the most admired law firms, with comprehensive practice, in the São Paulo region. Análise Editorial is the most important institution in Brazil dedicated exclusively to reputation research in the legal market.  The survey takes into consideration the opinion of 1,041 legal and financial officers of the largest companies that move the…
Keep reading

Inheritance Income Tax? Yes, you read that right!

In a commentary for It’s Money, lawyer Marina Chaves talks about the recent decision by the Federal Supreme Court (STF) which has a significant impact on estate and succession planning for Brazilian families, in an article by Robson Tavernard, partner at Blue3 Investimentos. “The STF’s validation of the joint collection of IR and ITCMD represents a significant increase in the tax burden on inheritances, requiring even more detailed and strategic planning to protect family assets,” says Marina, who highlights the increased complexity and tax burden…
Keep reading

How long must a couple live together to be entitled to inherit?

In an article for ESTADÃO’s E-Investidor, Samantha Teresa Berard Jorge talks about the decision of couples who choose to just “put their toothbrushes together” and not formalize a stable union. However, the legal consequences can vary, especially in relation to inheritance, since Brazilian legislation defines “necessary heirs” as those who are entitled to the share of the assets left by the deceased, called legitimate inheritance. “In order for the right to inheritance to be recognized, the stable union must be judicially recognized, if a public…
Keep reading