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Inherited widowed spouse in case of death of his partner
Losing a loved one is always a painful event. In many occasions they have spoken of the rights of a person when his partner dies and of if this contaria with the inheritance of some type of right after the sad loss. Although sentimentally or logically, one may think that widowhood makes you the immediate heir of the couple's property or rights, the fact is that legally there are many differences and specifications that make this assumption not exactly so in all cases.

The death of a loved one is always hard to assimilate
To answer the question of which are the inheritance rights to which the widowed spouse can access with respect to the assets of the deceased, what must be consulted must be the Civil Code. In general, when a person dies, the closest relatives are those who have obligatory inheritance rights: first the descendants would go and, if there were not, the ascendants, and, finally, the widow or widower.
Property in usufruct  This is one of the most recoverable characteristics of the right to inherit the widowed spouse. The meaning of these three words implies that this right over the property of the deceased is not property, but is only in usufruct. This means that if the deceased has other heirs or has made a will without including his partner, the latter will have the right to use and enjoy the properties but will not have the power to own them, rent them or sell them.
This enjoyment of the properties of the deceased is uniquely and exclusively possible as long as the latter was in the capacity of married with his partner. Here it is important to distinguish between marriage and common-law marriage because this hereditary right only applies if there is a marriage contract between both. If the couple was only a de facto couple, the widowed person would not have such a right. It should also be noted that, if the marriage was divorced, the widower could not exercise the right to hereditary legitimacy.
It is important that the deceased has made a will
If possible, for the widowed person to have something after the loss of the loved one, it is important that the latter make a will before a notary where he can name his partner as a universal heir or where his property is distributed among the forced heirs. In this way, if the distribution of assets is made with children or parents, the couple would be entitled to a third in the first case and half in the second. In case there were no one or the other, the couple would be included in the final will with the total inheritance of the assets of the deceased.
Widow's pension  This economic aid by the State is a monetary benefit that is granted to all persons who have been married or as a de facto couple with the deceased. Like all legal procedures, so that this pension can be provided to the widower in question, the latter has to meet a series of requirements that are required.
The first requirement that widowed and deceased need is to be affiliated or registered in the General Social Security System and have met a minimum of 500 days in the previous 5 years if the death is due to illness. If the cause of death is by accident, then a minimum contribution time is not required. If the persons involved were not registered in the SS Regime, then both should have contributed a minimum of 15 years each. On the other hand, if before the death, the couple was receiving some type of subsidy, they would have fulfilled the minimum quotation for each of the cases.
You have to show that there was a relationship between the couple
On the other hand, for the widowed person to receive a widow's pension, it is necessary that both she and the deceased were beneficiaries of a retirement pension, a pension of permanent disability, having finished working with the right to a retirement pension in the contribution modality or be missing workers in an accident if it should proceed.
To prove that there was a union connection between the deceased and the widowed spouse, it must be proven that there are children in common, if any, have been married at least one year before the death or have been a de facto couple for two years. minimal years On the other hand, if the couple were divorced, the widower would only be entitled to the widow's pension if he had not remarried.
Within all these processes there are always more internal processes and a study of each staff to ensure legal compliance and access to this type of rights after the death of a widowed spouse. In any case, it is always preferable to leave these issues settled by inheritance and testament in case they would be needed in the future, and also go to a legal professional so that he can advise you in the best possible way.



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