How to inherit a house to your children

We tell you what you have to know when inheriting a home in life or after passing away. Know the taxes that you must take into account and the different ways in which you can leave your assets in the hands of your children safely.

Building a heritage should always have a final goal. Either recover the investment in the long term, use your properties for commercial purposes, or secure the future of your family.

Some parents, in their effort to take care of the quality of life of their children, consider that inheriting them a house is an easy way to help them in the future, and although they are not wrong, many do not take into account some important aspects that this act of good faith.

In Mexico, inheriting a house is not always as simple as it sounds. There are different methods by which a parent can perform this action and each brings different conditions and consequences for the beneficiaries of the inheritance.

From making a legitimate inheritance, what taxes must be paid and in what cases, we tell you what you should consider before starting the process to inherit a house.

What you should take into account to inherit a home to your children:

  • It is recommended to do it through a will
  • If there is no will, a trial will be necessary
  • There are different types of transfer
  • In some states of the republic taxes are paid for inheriting

It is recommended to do it through a will

A will is a legal document that protects your assets and maintains the order of all your personal matters even after your death. Having one facilitates the process of sharing all your assets among your family members and other beneficiaries.

There are two ways to smart city inherit a house by will , either in life or after your death. And since the procedure to do it is free, the only expenses that will have to be covered are the typical costs of a property: the realization of the deeds, the registration before the Public Registry of Property and, depending on the area where it is locate the property, the corresponding taxes.

A legitimate inheritance through a will can give you the assurance that your intentions will be taken into account and that any situation that results from this will be completely legal; even if you have more than one child and you have to make an inheritance deal between siblings.

If there is no will, a trial will be necessary

If, on the contrary, the deceased did not inherit his property in life, he did not make a legitimate inheritance through a will on which to base himself for the distribution of his property, or if he processed it, but this was challenged, direct family members have the opportunity to receive your home through a trial of Intestamentary Succession.

The intestated houses can also be inherited by the children of the deceased, however, it will be a judge who determines what percentage of the property belongs to each family member and those interested will have to abide by the marked sentence of the distribution of goods between the brothers and Other relatives.

This legal process can have a cost not foreseen by those interested in inheritance, as well as a duration of not less than one year, which, many times, is not suitable for the purposes of those involved in the trial.

There are different types of transfer

In addition to having the option of inheriting a home, parents who want to leave a property for their children can also do so through a donation or transfer .

A donation is a simple process in which you, as a parent, decide to assign all property rights to a property to your children for free, at no cost and without receiving anything in return.

The condition of this transaction is that, depending on the location, when inheriting a house, your children will be forced to pay the Property Acquisition Tax, with which they are recognized as new legitimate owners of the property.

A transfer, on the other hand, can be burdensome, that is to say that it entails a remuneration for having transferred the property to your children. This procedure can be treated as a purchase, however, the amount paid for the transfer is significantly less

In some states of the republic taxes are paid for inheriting

THE ISAI, or Tax on the Acquisition of Real Estate, is paid each time a person click here acquires a property , no matter if it is through a mortgage, a donation or a legitimate inheritance.

The percentage to be paid, depending on the state where the house is located and the mode of inheritance, can be from 4% to 10% of the value of the property.

This tax, although very important, does not apply to all federal entities of the republic. Because of this, it is always very important to know the codes and laws related to inheritance to know in which cases this payment should be made and in which the disbursement can be avoided.

If you want to know more about this tax and the ways in which you could be exempt from payment after a legitimate or other inheritance, this article will be very useful.

 

Take this information into account if you want to inherit a home to your children. Do not let the procedures take you by surprise and better prepare to ensure a better life for all members of your family.