Legal Advice to Argentinean Heirs

The fact is that people don’t want to talk and discuss wills, their death and what will happen with their belongings when they die. However, this doesn’t change the fact that we will all die one day and that legal matters associated with the death of any person should be handled before this moment happens. The same goes for Argentinean heirs who are acquiring the property.

Generally speaking, heirs are individuals who receive an interest /ownership of tenements, land or hereditaments from a person who has died without a will. This is something that Argentinean inheritance laws have predicted. To put it simply, heirs in Argentina are persons who acquire property after the death of another based on specific set of rules. In Argentina, children, descendant and close relatives of the deceased have the right to acquire some of the inheritance.

If you are interested in legal advice as an Argentinean heir, you can always count on Kier Joffe law office. We have provided legal advice to Argentinean heirs many times and we will be glad to do this again. At Kier Joffe, we are aware that this period of your life can be difficult because you have lost a loved one. Most people can’t think about the distribution of property in moments like this, but eventually, they will have to take care of it. Instead of doing this on your own and go through the complex processes that are part of the Argentinean law, the heirs can hire a professional lawyer with experience in this field who will work on their behalf and protect their interests.

Working with an experienced Argentinean lawyer can ease many different sources of frustration and make sure that the complicated legal proceedings are managed successfully and in a timely manner. There is no need to waste your time on legal proceedings when you can hire a professional.

Inheritance law and proceedings call for the submission of different types of documents. After that, these documents are reviewed and analyzed by the Argentinean authorities involved in this process. If you decide to go through this process without help, you will have to answer some questions that you may be unable to answer. This is where lawyers like Kier Joffe can help.

In addition, at Kier Joffe, we will provide legal advice to Argentinean heirs regarding document preparation. In fact, we can professionally prepare these documents so that the court can take them and approve them right away. We can also provide more complex legal services and advice. For instance, it is possible to participate in will contests when you suspect that the will was falsified.

By getting legal advice from a professional lawyer who knows inheritance and probate law, you will make sure that your voice will be heard. At the same time, as an heir, you will know that all your rights are protected in the best possible way.

When you work with Kier Joffe, you can rest assured that you’ll get proper representation.

 

Buenos Aires Inheritance Law

The fact is that Buenos Aires inheritance law, or Argentinean inheritance law to be more precise, is not much different than the inheritance law found in most developed countries. However, this law has some specific characteristics too. At Kier Joffe, we are well-aware of these facts and we are always glad to help our clients with any issues that may be handled with the help of Argentinean inheritance law.

Similar to many other countries, primary heirs in Argentina include – children, parents, grandchildren and grandparents and spouses, siblings and nephews/nieces. We have listed the heirs based on their priority. According to the inheritance law, these individuals have the right to the inheritance, no matter what the will says. So, there’s a part of the estate that can’t be eliminated and this means that there are forced heirs in Argentina. This is what the law recognizes as a legitimate portion. This portion includes four-fifths of the estate. On the other hand, the testator is free to delegate the remaining portion of their estate in any way they want.

Widowers, as well as widows that don’t have children, can get half of the inheritance of wills. In case the deceased individual had children, but he or she doesn’t have a spouse, four fifths of the estate is distributed to the children. It is possible for the forced inheritors to receive less than four fifths of the property, but the testator can’t guarantee that any other asset except for the one fifth will be distributed to another individual. In addition, in case the testator leaves over one fifth of their estate to another person, the forced inheritors have every right to challenge the claim in court.

It’s worth mentioning that the assets that are part of the conjugal partnership, as well as the assets that were gained during marriage, are known as shared possessions. So, the surviving spouse gets half of the assets that were earned during her or his marriage with the deceased person. In case there are descendants, the rest of the assets are split between surviving children. Every child gets an equal share. In case there are no children involved, but the deceased has surviving parents, they will get 50% of the inheritance.

Finally, in case there are surviving ascendants and spouses, half of the inheritance is divided into completely equal parts between the spouse and ascendants. The individual assets are the assets that each spouse has before they’ve become married or the assets that they have received as a donation or inheritance after their marriage. In case there are ascendants and children, each of them will get an equal part. Foreigners or heirs that live abroad have the same rights, but they may have to pay different taxes.

If there are any legal matters involving Argentinean inheritance law that you have to settle, our advice is to use professional lawyers who know inheritance law inside and out. This is exactly what you will get from Kier Joffe legal office.

Argentinean Probate Lawyers Can Help You In More Than One Situation

Argentinean probate lawyers are providing professional services for the distribution and settlement of assets after a person dies. This kind of lawyers is usually hired in cases where the deceased person has a will. In addition, we are also hired when the deceased person didn’t leave a will. There are many people who are wondering whether they should hire Argentinean probate lawyers or not. That’s why we have decided to share this blog post with you. In this blog post, we will explain why hiring Argentinean probate lawyers like Kier Joffe lawyers is a smart move.

Whenever a person close to you dies, there is no doubt that this is a difficult time for you and people close to the deceased person. Typically, people don’t want to discuss the faith of the assets at that moment. So, by using the services of a probate lawyer, you can activate this process of settling the debts and distributing the assets from the beginning. This means that you can mourn and grieve the deceased without thinking about the process of distribution.

Furthermore, by using the professional services of Kier Joffee lawyers, you can expect to get help from true professionals. We have the legal expertise that you need in cases like this. Ordinary people are not familiar with the complex laws involved in cases like this. Estate distribution is one of the most complex areas of Argentinean law. If you decide to use serious probate lawyers like us, you count on our knowledge, experience, and expertise and take care of every legal aspect of this process. Once we are done, you can rest assured that you won’t be dealing with any legal issues in the future.

We should also mention that with the help of probate lawyers, you can spend more time with your family and do this in a relaxed way. You won’t have to think about the content of the will and the possible disputes that may arise in cases like this. Unfortunately, there are many cases where certain family members don’t agree on the content of the will and how the assets are being distributed and these disputes arise right after the death of the person. If you are using the assistance of a probate lawyer, the family members will feel that there is a third, unbiased party with lots of experience that can help.

In case there are some debts that must be settled, probate lawyers like Kier Joffe can help too. We can challenge the debts in a court in case you think that the creditor is trying to manipulate the numbers. In addition, we’ve been working on cases where people need assistance to change the content of a will. It is possible for the family members to refuse to receive the content of the will.

Whenever you need professional Argentinean probate lawyers, you should know that you can count on Kier Joffe. Feel free to contact our law office at any time.

Argentinean Estate – Probate Lawyers

A probate lawyer is a type of lawyers that is licensed by the official authorities, focused on the laws and regulations designed for estate beneficiaries and executors related to settling matters of a deceased person. These lawyers are also known as estate lawyers and they are in charge of managing personal representatives over the probate process until the end. In other words, the lawyer will take the representative and guide it through estate planning, wills, trusts and other similar things.

As one of the leading Argentinean estate – probate lawyers, Kier Joffe lawyers have years of top-quality legal education. We also have experience and expertise that guarantees the best results. All these things are very important for the final outcome of the legal proceedings. In Argentina, the probate process and conditions depend on a few different things. Generally speaking, the probate laws will be used based on the location where the deceased person lived and where he owned properties. In addition, a testament of the last will he or she made can also show how the process will be managed. But, even if there is no will, the probate lawyer should be able to manage this process without any hassles.

The services that we provide as professional Argentinean estate – probate lawyers can be quite useful when it comes to the decedent’s testament, estate issues among beneficiaries or will. In addition to the fact that we can advise the personal representative, we can also be used by the estate beneficiaries. This is a common scenario when there are disagreements and disputes between the beneficiary and the personal representative. It’s also possible to contest a will, but this is a completely different procedure that requires a different kind of knowledge and expertise. At Kier Joffe, we are well-aware of this fact and we are doing our best to help our clients in any situation.

Now let’s see what exactly an Argentina estate – probate lawyer can do. First of all, he can obtain the appraisals and values of the property at the moment of death. Furthermore, he can locate and secure probate assets and non-probate assets and he can prepare and file suitable documents required by the court in a well-organized and timely manner.

A professional like this can also provide valuable advice and tips regarding the payment of final bills of the deceased person and the payment of debts. You can leave the task of collecting life insurance in case you are eligible as a beneficiary. As experts in this field, estate-probate lawyers like us can also help you sale the estate and take care of the income tax. Finally, we can also help the distribution of assets once the bulls and taxes are paid.

These are just some of the things that these lawyers can handle. A qualified estate – probate lawyer in Argentina can help in simplifying and speeding up the probate process for both beneficiaries and personal representatives. When you need a lawyer like this, feel free to get in touch with Kier Joffe.

Useful information for asylum seekers and refugees in Argentina

Refugees: definition

A refugee is an individual who has left their native country (country of origin) as a result of realistic fears of persecution based on their religion, race, nationality, association with a specific social group or political organization or ideology. At the same time, this person should be unable, or as a result of these fears and threats, to go back to their country of origin.

In addition, refugees are individuals who have fled their native country because their freedom, safety and/or lives have been put at risk by an armed conflict, large-scale violence, mass human rights violations or specific conditions that have affected the public order in a very negative way.

On the other hand, asylum seekers are individuals that have requested to be recognized as refugees before the CONARE (National Commission for Refugees) and have a pending application.

Keep in mind that individuals who are looking for better economic perspectives or chances outside their countries, but were not forced to leave their country of origin for any of the reasons listed before are not refugees and their applications must be checked by the migration authorities.

Applying for a refugee status in Argentina

The CONARE (National Commission for Refugees) was established with the Refugee Law No. 26,165 also known as a General Law for the Recognition and Protection of Refugees. This is actually a state agency that includes representatives of a few ministries, the UN High Commissioner for Refugees also known as UNHCR as well as a non-government, non-profit organization.

Every asylum application is processed by the CONARE and this agency is responsible for protecting the rights of refugees, including proper integration of asylum seekers and refugees in Argentina.

Even though the proceedings before this agency are usually free, it’s highly recommended to use expert Argentina asylum lawyer and/or Argentina immigration attorney options like KIER JOFFE.

Applying for refugee status in Argentina: A step by step guide

  1. What does the law predict for refugee status applications

Every non-Argentinean citizen can submit an application in writing or verbally in the capital city of Argentina – Buenos Aires and in local designated offices throughout the country. These offices include the Executive Secretariat of the CONARE based in Buenos Aires, offices, and migration delegations of the DNM (National Migration Office), the border migratory authority after arriving in Argentina and other municipal, provincial and national authorities.

Don’t forget that:

– It’s not possible to submit an application for refugee status when you are not physically present in Argentina.

– This application must be made in Argentina or at the border.

– The legal process can be started or managed at DNM Delegation that’s closest to your native country.

– Any information you provide will be kept secret and won’t be shared with the authorities of your country.

– Unaccompanied minors (under 18) will get a tutor.

– You can get a lawyer free of charge. To get assistance like this, you will have to call the National Office of the Public Defender where you will get the necessary assistance. They will help you out with the entire procedure and explain the legal moves that can help you get the desired status.

2. An introduction to the procedure for refugee status application

When you want to start this application process, you will have to take these predetermined steps:

– Complete the form that will be given to you by the authorities.

– Provide a document that confirms your identity (passport, ID, or another similar document) or information that can confirm your personal case. In case you are unable to provide information like this or a personal document, then you will have to explain why.

– After that, you will have one or more interviews conducted by an Executive Secretariat of the CONARE officer. They will try to understand your reasons for leaving your country of origin. The interviews are conducted in your native language.

– Inform your actual place where you live and set a legal domicile. This is the place where you will get all the summons, notices and/or official communication.

– While this procedure is still on, you will have to provide updates on your domicile if there are any changes.

Keep in mind that:

– Applicants have the right to seek help from an interpreter or translator for free in case you don’t know Spanish.

– In case your showcase authentic motives, you can ask for a gender-specific officer to conduct the interview.

– As an applicant, you have to provide any information and documentation you possess to support your claims that you had to leave your country of origin.

– Every applicant has the right to free legal representation. If you want to use this opportunity, you should contact the National Office of the Public Defender. They will help you with this procedure. You can also hire an experienced Argentina immigration attorney. At KIER JOFFE, we will be glad to help you out.

– Applicants are also free to ask for orientation related to potential social welfare.

3.Temporary documentation

In 20 working days or less, from the moment you submit your application for refugee status to the CONARE, you will get a certificate that confirms your status as an applicant and your legal residence in Argentina.

With the help of this document, you will be able to move to Argentina without any restrictions. You will also have the right to get accommodation at boarding houses and hotels, establish a domicile, get access to education and public health organizations and services and work too. Don’t forget that the public authorities have the right to request this certificate from you at any time and you must show it. However, only the representatives of the Secretariat of the CONARE can withhold you in case you are unable to provide this certificate.

Remember that the certificate will let you work legally and all the labor laws in the country will apply to you too (all the rights and obligations). It is possible for the holders of this certificate to request and get a unique labor identification code (in the Spanish language: CUIT/CUIL). For free. This code is issued by the Argentine State via National Social Security Administration or ANSES.

Another thing that you should not forget is that in order to keep this temporary certificate, you will have to renew it every 90 days. So, in case you want to keep the certificate valid and you want to avoid problems with your migration status, you have to renew it in person prior to the expiry date. You have to do this continuously until you get a final decision about your status. Holders can renew the temporary certificate in two ways. First of all,  they can use the Executive Secretariat of the CONARE in the capital city of Buenos Aires. Second, they can use any DNM migration office or delegation close to your residence.

Finally, it’s important to remember that this temporary certificate and any other temporary documentation for asylum seekers is not a travel document that allows you to leave Argentina. In case you want to leave Argentina for a short period of time once you’ve submitted the documentation, you must provide valid travel documentation. When you want to come back, you may have to provide a consular visa issued by your native country.

In any case, if you want to travel out of Argentina while your application is being processed, you must contact the Executive Secretariat of the CONARE. You must provide an explanation why you want to leave and when will you go outside and come back.

4. Asylum application grating or rejection

In case the refugee status is granted you will get a certificate that you must use to process the temporary residence that you have in Argentina before the DNM. When you get the temporary residence, you may trigger the legal procedure for getting the DNI (National Identity Document) for foreigners. These legal proceedings are completely free.

In case the refugee status is denied, you can appeal the decision. To be more precise you can request a review and submit it to the Minister of Interior in the form of a written petition that you will have to file before the CONARE. You have to do this in less than ten working days of the decision.

This request for review has to be justified. This means that you should explain the reasons why you believe that the decision made by the CONARE is not right and why you should get another chance. In case the Minister of the Interior rejects the appeal, you will have a chance to get a judicial review of the resolution if requested. In this case, you will have to hire an Argentina asylum lawyer. KIER JOFFE will be more than glad to help you out in situations like this.

If the negative decision is final, you will have to wait for the migratory authorities to reveal your legal status and residence in Argentina.

Don’t forget that:

– Applying for a refugee status in Argentina does not interfere with your right to apply for residence before the DNM (National Migration Office). Of course, you can do this only if you have met the rest of the requirements.

– The CONARE doesn’t have a specific period of time in which they should make a decision on your case. They are trying to solve any case within a reasonable period of time. Of course, the timing is closely related to the documentation and information you’ll provide.

Analyzing the rights and obligations of asylum seekers and refugees

Rights

– The refugees and asylum seekers have the right to stay and move freely in Argentina as they please.

– They can’t be extradited, expelled or refouled to their country of origin or in any country where their integrity, life, safety and/or freedom may be put at risk.

– They have the right to access education and public health organizations and use their services. They can also work legally in Argentina.

– The refugees and asylum seekers have the right to reunite with their family in case they get refugee status too.

– They can’t be discriminated against for any reason including nationality, gender, sexual orientation, skin color, political opinions, religious affiliation, social status etc.

– They have the right to practice their faith/religion without any restrictions.

Obligations

– Refugees and asylum seekers must respect the municipal, provincial and national laws in Argentina.

– They must respect the private and public organizations, entities and people.

– They must keep their addresses updated and renew their temporary certificate.

– They must always tell the truth to the authorities and present the facts that make their application reasonable.

– Refugees and asylum seekers must inform the Executive Secretariat of the CONARE of their plans to travel abroad, provide travel dates and good reasons.

Refugees and asylum seekers in Argentina can go through this process (most of it) without any professional help. However, if you want to speed up things and make sure that you will maximize your chances of getting the status that you want in Argentina, our advice is to use professional Argentina immigration attorney. KIER JOFFE is a law office focused on immigration, asylum, and refugee cases. We have the necessary experience, knowledge, and resources to help you out. Don’t hesitate to call us at any time!