Inheriting Your Fair Share

You’ve lost a loved one in Brazil and it’s time to distribute their estate. Yet determining what each family member gets isn’t so easy.

First, you have to address marital property rights. A surviving spouse is called a meeira when, according to their marriage regime, they have rights to 50% of marital property. For example, if John and Dory are married under the comunhão parcial regime and John dies, Dory would get 50% of the house they bought together. 

Next, you look to other family members under the inheritance rules. Children, parents, and spouses, in that order, can all receive inheritance. Siblings are also entitled to inheritance, but they are fourth in line.

Imagine John and Dory have two kids. Dory would get 50% of the house as meeira and their children would each get 25% of the remaining half as inheritance. If John and Dory didn’t have kids, then John’s parents would fall next in line for the other half of the house.

Other rules and exceptions also apply, so it’s important to always get the help of a lawyer to walk you through the appropriate analysis. At the end, you might not actually get what you think you’re going to get.

And finally, keep in mind that not all estates result in the distribution of assets. An estate can also have debts - whether they are outstanding tax obligations or unpaid bank loans. An analysis at the outset can keep you from spending time and money when there’s no reasonable return in sight.