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
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Imagem Samantha Teresa Berard Jorge

Associate

Samantha Teresa Berard Jorge

stb@briganti.com.br 11 91361-2082

Areas of expertise

Family Businesses, Wealth Management, Family and Succession Law

Experience

He has been practicing family and succession law for more than 11 years, specializing in divorce, custody, maintenance and inventories, as well as estate and succession planning.

Background

  • Extension in Contract Design from the Getulio Vargas Foundation;
  • Postgraduate in Specialization, Estate and Succession Planning from Fundação Getulio Vargas;
  • Legal English from the Getulio Vargas Foundation;
  • Postgraduate in Civil Procedural Law;
  • Graduated in Law from Mackenzie.

Samantha’s related news

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

In an article for ESTADÃO’s E-Investidor, Samantha Teresa Berard Jorge talks about the right to inherit in Brazil, which is regulated by the Federal Constitution and the Civil Code. The lawyer clarifies that, although fathers-in-law have no obligation to leave assets to sons-in-law and daughters-in-law, they can be contemplated through a will, following specific legal criteria. “If they have adopted the regime of partial communion or total separation of property, the inheritance received will be classified as the private property of each of the spouses,”…
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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…
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TJSP rules out ITCMD on inheritances and donations from abroad

In an article for Monitor Mercantil, Carolina Pereira Rezende and Samantha Teresa Berard Jorge comment on the recent decisions of the TJSP that applied the STF’s understanding of Theme 825 to rule out the collection of ITCMD on inheritances and donations from abroad. “As a reminder, Theme 825, judged under general repercussion by the Federal Supreme Court, defined that states are unable to collect ITCMD without the intervention of a Complementary Law, when assets, inheritances, donors or deceased persons are located abroad,” they add. Read…
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