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About the hereditary succession ( 2018-10-30 )

If there is something certain in this life, it is death, so it is advisable, especially for those of us who have gray hair, to leave clearly to our heirs the way in which the few or many assets that we can leave to them should be distributed, when we improve lifetime.
When a married person or de facto union dies, the first thing that must be done is to liquidate the conjugal partnership -conformed by both- in which 50% of the estate's assets correspond to each one. If he or the causer has children and has not left a will, nor has he constituted a trust in which he has disposed of his assets, they must be divided equally among his children, who exclude the other heirs; without prejudice to the conjugal portion (25% of the decedent's assets) to which the spouse who lacks the necessary for his or her support is entitled.
If the deceased has left no children, his closest ascendants will follow, and the spouse, in which case the inheritance is divided into two parts: one for the ascendants and one for the spouse. If there are no parents or ascendants, the entire inheritance will correspond to the spouse; and if there is no spouse, the entire inheritance will correspond to the parents or ascendants.
If the deceased or deceased has not left children, nor has ascendants, nor spouse: his brothers and the State will succeed him. In the absence of all kinds of heirs, the State will succeed.
If you have left a will: 50% of your property must be delivered to your children in equal parts, 25% is freely available to the deceased, and the remaining 25% or "fourth improvement" can be used to favor one or more of his descendants; whether or not they are legitimate (children and / or parents).
In addition to the will, the figure of the trust is currently used, which is a commercial contract whereby the constituent transfers the ownership of his assets to an autonomous patrimony endowed with legal personality, so that he or the fiduciary (his representative legal) comply with the will of the constituent; all of which must be included in the aforementioned contract, in which the transfer of assets of the constituent is planned, thereby avoiding an entire succession process, which in many cases ends up distancing the family.
Whether by testament or trust, it is advisable that the will of the causer or constituent on the distribution of their assets be clearly established, with due advance notice and planning, to avoid -as far as possible- that their heirs fight over them. (OR)
Miguel Macías Carmigniani, lawyer, Guayaquil

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