Posso vender um imóvel sem fazer o inventário? | Papo Rápido

Can I sell a property without completing an inventory? Do seniors need to ask their children's permission to sell a property? In today's Quick Chat, Dr. João Freitas explains everything you need to know about: My father wants to sell the house without my permission. Is it possible? Watch the full video on the YouTube channel and learn more about the subject. The link is in the bio. Like, comment, and share! *REMEMBER: This content is for informational purposes only. It is not a substitute for a professional consultation. Talk to your lawyer and learn in detail everything necessary for your specific case. #joaofreitas #property #buyingandselling #parentsandchildren #nolegalities #youtube #lawyer _______________________________________________________________ João Freitas has been a lawyer for almost 30 years and writes for various media outlets. Check out another of his articles on inventory. Can I complete an inventory at an extrajudicial notary's office? Since 2007, administrative inventory and distribution have been permitted. In other words, we can inventory the assets left by the death of a loved one at the notary's office, making it more convenient for those interested in the succession. This is called extrajudicial inventory. This procedure can only be performed at the notary's office when all heirs are capable, that is, over 18 years of age, able to exercise their will and maintain their civil life, and cannot be interdicted. Furthermore, all involved must agree to the division of assets. All assets must be located within Brazilian territory. If the deceased left a will, the inventory cannot be performed at the notary's office, as a rule. However, in some states, such as São Paulo, it is already possible to conduct an extrajudicial inventory even with the existence of a will. However, the intervention of the Judiciary will be required through the opening, registration, and execution of the will. This is so that the judge can issue the "execution order." This will be very quick! If the above requirements are not met, heirs will have to resort to a Judicial Inventory, which is carried out before a judge. If heirs need to withdraw funds from banks or transfer assets, there is no need to issue warrants for such acts. The document issued by the notary's office, called a public deed of inventory, will serve as the appropriate document for the necessary proceedings. How long do I have to file an inventory? The deadline to request an inventory and submit the ITCMD (Income Tax on Death) declaration is 60 calendar days from the date of death. If the request is not made within this period, the ITCMD will be calculated with a fine equivalent to 10% of the tax amount. If the delay exceeds 180 days, the fine will be 20%, plus interest and monetary correction. In this type of inventory, heirs will also be required to be accompanied by an attorney. If the deceased lived in a common-law marriage, the heirs, by mutual agreement, may acknowledge the existence of this union in the probate deed itself. Otherwise, that is, if there is a conflict between the deceased's partner and the heirs, the recognition of the common-law marriage must be made before a judge. In fact, such recognition has also been granted by the Supreme Federal Court to same-sex unions. If the heir is not interested in receiving the inheritance, they may renounce it by means of a public deed in the administrative sphere. The heirs must choose an executor, who will be the person who will administer the deceased's assets. They must lead the entire administrative process before the notary's office, including paying any debts, taxes, and notary fees, always on behalf of the other heirs. Extrajudicial probate is still the best option, as it minimizes time and relieves the burden on the courts. #yourrightsjuicy #nolegalitieswithjoaofreitas #extrajudicialinventory #resignation #joaofreitas #lookforalawyeryoutrust See more from the Your Rights column Follow more content here at Your Rights, on Instagram @joaofreitas.oficial, and on Facebook at João Freitas Advogados Associados. DISCLAIMER: This article provides general information only and is not intended to be legal advice and should not be used as such. If you have any questions about your family law matters, consult a trusted attorney.