Inheritance and estates

Inheritance tax returns, wills, division of assets and how to leave your estate in order for your family.

18 questions answered by licensed lawyers and accountants.

I live abroad, but I've got loose ends in Venezuela (paperwork, an inheritance). Can you help me while I stay here, or do I have to travel?

We'll sort it out from here, without you having to travel, as long as the law allows it. Most matters are handled with a power of attorney that you grant where you live and have apostilled, and with that we act on your behalf: paperwork, inheritances, sales, whatever you have stuck. We keep you posted at every step and send you everything in digital form. In a few specific cases the law requires you to be present, and if yours is one of them, we'll tell you straight rather than have you spend money. Whenever you're ready, we'll book a time and review it.

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Can you help me with something personal, not business? A family dispute, an inheritance, a divorce. Or do you only handle commercial matters?

We've been waiting for you. We handle every area of law, not just commercial, through our team and our network of professionals. Inheritances, divorces, family disputes, personal paperwork: all of that is covered. We're called Abogado Comercial (Spanish for "commercial lawyer") because of where we started, not because of our limits. Tell us what you're dealing with and we'll tell you who on our team takes it and what the path is. Book an appointment at no cost and we'll get the conversation started.

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Do I have to pay anything up front just to be seen/heard the first time? Or is that free?

You don't pay a thing to get informed. That's what this FAQ section is for: you come in, look up your case and leave knowing what can be done, no barriers, no strings attached. When you decide to move ahead with a procedure, before charging you anything we tell you what it costs, what it includes and how long it takes. Then you decide whether we go ahead. Here prices are in plain sight and nobody pushes you. Ask for your free appointment and we'll talk it over, no rush.

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I work with my wife; she runs the business with me, but the company is only in my name. If something happens to me, does she lose everything, or can you set it up so she's protected?

We'll absolutely advise you, and that's exactly our job: we don't just handle the paperwork, we also tell you what's best for you. There are several ways to protect your wife, from bringing her in as a shareholder to setting things out in advance in the bylaws and in your estate planning. Which one suits you depends on your marital property regime and how your company is set up. What matters is getting it settled now, not when you no longer can. Book your free consultation and we'll advise you.

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Years ago I sold my house to someone on a verbal agreement. They paid me, but we never recorded any document at the registry. The buyer died, and his children say it was never sold. Can you help me prove I sold it?

Yes, there's a way forward, and it needs to be studied carefully. A verbal sale that was never recorded is a delicate case, especially when the buyer has died and the heirs deny the deal. But that doesn't mean you have nothing: the payments you received, witnesses, whether they took possession of the property and other elements can support your position. This calls for a lawyer to study it without rushing, so you book a session with our TeleLawyer, billed by the hour. Book your session and we'll analyze it.

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I have a farm I inherited from my dad, who passed away, and there are five of us siblings. I want to work it and use it to get a loan, but the others can't agree. Can you help me sort that out so I can use it?

We can advise you; in fact, that's our job. I'll be straight with you: you can't dispose of that farm or put it up as collateral by yourself, because it belongs to all the heirs and it simply doesn't work that way. But there is a way. First the estate has to be processed so the property is formally in all your names, and from there the options open up. We can even talk with each of your siblings to steer the agreement through the right legal channel. Book an appointment, at no cost at all, and let's get the conversation going.

We handle it with this procedure: Estate tax compliance certificate

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I inherited a house with my siblings, but one of them lives abroad and won't agree or sign so we can sell. Can you do anything if an heir won't cooperate from abroad?

I'll be straight with you, because I'd rather give you the truth than false hope: an heir can't be forced to sell their share if they don't want to. But that doesn't mean you're trapped. There are legal paths, from a partition of the estate to other routes that resolve things when one co-owner won't cooperate. There's also the option of negotiating with that heir, which is often what gets everything moving. Being abroad isn't an obstacle: they can sign through an apostilled power of attorney. Reserve your free appointment and we'll take it from there.

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My company has a single owner, me, but people tell me I should bring in my wife or my kids as shareholders to protect our assets and in case something happens to me. Is that a good idea? Can you set it up for me?

Of course, and it's one of the smartest decisions a business owner can make. Having a single shareholder means that the day you're gone, your company is paralyzed until an estate is settled, which can take years, and in that time the business dies. Bringing your wife or your kids in as shareholders, properly structured and with the right bylaws, protects your assets and ensures continuity. It's done during your lifetime, calmly. Book your free consultation and we'll give you our advice.

We handle it with these procedures: Share sale or transfer Full bylaws amendment

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I want to get my company ready for my kids and make them shareholders now, so that when I'm gone there are no inheritance fights and the business isn't lost. Can you set up that succession plan while I'm alive?

We'll set it up for you, and it's one of the best gifts you can leave your family. Succession planning during your lifetime means bringing your kids in as shareholders now, with bylaws drafted to make clear who decides, how profits are shared and what happens if one of them wants out. That way you avoid a long estate process and a fight between siblings landing at the same time down the road, which is what destroys family businesses. Book your free consultation and we'll study your case.

We handle it with these procedures: Share sale or transfer Full bylaws amendment

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I want to insure my business premises, my merchandise and my machinery in the company's name. Can you advise me on that, or do you only deal with paperwork?

We'll advise you on that. Having your premises, merchandise and machinery insured in the company's name is what keeps a fire, a theft or some other loss from wiping out years of work. We guide you on what coverage your operation needs, what should be in the company's name and not yours, and what documents you need in order so a claim doesn't get denied. A badly arranged policy doesn't pay out when you need it. Book an appointment at no cost and let's start talking.

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A relative of mine died and the company is still in their name. Can you transfer it to my name so I can keep operating and selling?

We'll sort it out, and it's more common than you think. A company in the name of a deceased relative is stuck: it can't be sold or amended, and often it can't even operate normally until the estate is processed. We file the inheritance tax return, transfer the shares to the heirs and update the Registro Mercantil (Commercial Registry) and the shareholder register, leaving it in your name and up and running. Book your advisory session and we'll get started.

We handle it with this procedure: Estate tax compliance certificate

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I'm getting divorced and the company is only in my name. Is my spouse entitled to part of the business?

We'll advise you, and it's a matter you need to handle with a cool head. If the company was formed during the marriage, its shares are most likely part of the comunidad conyugal (marital community property), even if they're only in your name. That doesn't mean the business has to be split up or shut down: there are ways to value it, compensate and structure the division without stopping operations. Our lawyer explains your real situation and stands with you. Tell us about your case and we'll review it.

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I'm getting married and I already have my company. How do I protect it before the wedding in case things don't work out?

It can be done, and it's a very sensible move if you own a company before you marry. Capitulaciones matrimoniales (a prenuptial agreement) let you define ahead of time which assets stay outside the comunidad conyugal (marital community property). That way your business, your shares and what you built before stay separate. They have to be signed and recorded before the wedding, because afterward it can't be done, and that's the point people find out too late. We draft and formalize them. Book an appointment, it costs nothing, and we'll walk you through your situation.

We handle it with this procedure: Prenuptial agreement (capitulaciones matrimoniales)

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I want to make a donation from the company, or donate something to the company. How do I do it legally, and what taxes apply?

Donations can be made, and they have to be made right. A donation, whether it's an asset going to the company or from the company to someone, is a formal act with legal and tax effects. You have to meet those requirements for it to be valid and not bring you a penalty later. Depending on what's donated, it may require a recorded document and come with its own tax treatment. Our lawyer and our accountant tell you the right route and whether a donation or another arrangement suits you better. Message us on WhatsApp and we'll assess it.

We handle it with this procedure: Gift deed (donación)

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I want to shield my personal assets by separating them from my company's, to protect what I own from any business risk. How do I structure that?

We'll structure it for you, and it's one of the kinds of advice that brings the most peace of mind. Shielding your assets means clearly separating what's yours from what belongs to the company, using the right legal vehicle. We review whose name your assets are in and how far you're personally liable as the company's manager. Done right, a business mess doesn't reach your home. And I'll be honest with you: this is done before the mess; afterward, any move looks like a maneuver. Book your free consultation and we'll review it together.

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I want to set up a succession plan so my business group passes to my children in an orderly way someday. Can you structure that succession?

We'll structure it for you. A succession plan for a business group goes beyond dividing up shares: it defines how the company is governed once you're no longer at the helm. Who runs it, how the children come in or not based on their preparation, how disagreements get resolved and what happens if one wants out. That's documented in the bylaws and in a family protocol. It's the work that decides whether your group survives the second generation. Ask for your free appointment and we'll tell you the next steps.

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I'm a Venezuelan living abroad and I want to collect what I'm owed in Venezuela, or claim my inheritance/property. Can you represent me to take care of it?

We'll represent you, and without you having to travel. With an apostilled power of attorney granted where you live, we act for you here to collect what you're owed, process your inheritance, or manage and dispose of your property as you decide. We keep you posted at every step and send you everything in digital form. It's one of the things we do most for Venezuelans abroad, so we know the road well. Book an appointment, there's no charge, and we'll look at your case together.

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I don't want to pass this mess on to my kids. How do I leave the business in order for them?

We'll leave the business in order, so what they inherit is peace of mind. We organize the company, clarify who owns what and explain your options so the handover to your children is clean, during your lifetime or after. That way you avoid fights, endless procedures and surprises your family would be left to sort out. It's a conversation worth having calmly. Ask for a free appointment and we'll have that conversation without rushing.

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