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Ecuador Expat Forum

40 year old inheritance

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expattecuador
10/8/2020 17:01 EST

I understand that due to the local Ecuador property/inheritance laws a child is automatically listed as inheriting a percentage of a property when 1 parent dies. Question assumes the following:
- the other surviving parent (surviving owner/seller) has cared for the property for the past 40 years as the sole owner of the property
- this surviving parent wants to sell the property but realized that it has a surviving child's name also listed on the property deed/paperwork,
- that child has not spoken to the surviving parent for over 40 years, and has not lived in Ecuador for over 40 years and can not be located/contacted as their whereabouts are unknown and they live outside and have never claimed ownership to the property

Question is: can the parent/owner claim the child has abandoned their percentage ownership to the property, (as they can not be located and have not been in Ecuador for over 40 years) and can the parent get the child's name off the property so it can be sold?

Thank you for your info!

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Kimac
10/8/2020 17:21 EST

Seems a pretty good question for a truly competent local lawyer with good judicial connections. The details might well be slanted or read different ways, and open to interpretation.

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expattecuador
10/8/2020 18:15 EST

Do you know of any lawyers who specialize in this who might reside in the US who I could reach out to?

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cheshirecat4591
10/8/2020 19:22 EST

don't think a lawyer in the USA will be able to help....will need to be an Ecuadorian attorney for anything he did to be legal

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windshadow
10/10/2020 17:58 EST

YES! Absolutely! Happens frequently. Is the child still living? Finding the child might be difficult so, there are other ways. A death certificate would be good.
Remoor and I run an investigative service and have a 99% recovery rate for all the jobs we have taken on.
So, it can be done.

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CeridenNilsson
10/11/2020 17:51 EST

I would see an Ecuadorian lawyer about this.

I am dealing with a similar co-ownership issue related to a co-owned house in old Quito and the same situation could occur unless we file a particular paper in Ecuador. I have no more information on it since I have not taken steps to do this -- we are out of the country due to covid at the moment, but I will when I return to Quito. So, my suggestion is to go to a competent Ecuadorian lawyer in your own in Ecuador to be sure the surviving owner can have full ownership.

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For more than 20 years, GeoBlue has helped the globally mobile navigate the complexities of international health insurance, providing members with confidence and peace of mind. Wherever your destination, GeoBlue can keep you and your family covered with the right health insurance. Click here to speak with GeoBlue's Sales Team.

expattecuador
10/20/2020 18:04 EST

Thanks! I spoke to a lawyer in Ecuador who said that there is a way to go to the court to post an ad in the local paper that is a legal notice, and if the son does not respond he has been essentially served notice, and then it can be filed with the courts to remove the name! Appreciate all the information!

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Sherrys
3/23/2021 10:33 EST

Wait this is me somewhat!! My father passed away 14 years ago and my step-mother wants to sell. This is how I learned I own 50%. I need a lawyer to work with in Ecuador. She is in Guayaquil and means well, it isn’t acrimonious, but I need to legally separate myself. Can anyone please recommend a reliable lawyer who will not take advantage? I mean no disrespect at all, but I am extremely distrustful. My father was a high profile dean of a university and was fired for having cancer (that’s one way to not pay for private insurance). He fought and won but ended up paying off judges, after he learned that’s what university was doing. So, while this is hopefully an anomaly it is foremost in my mind while trying to find a lawyer. Basically, I can’t just google one. Any help would be so appreciated!

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