How to organize everything before dying? These are the documents that should be ready

Cope with loss of a loved one it is one of the biggest challenges we can face. Although the moment comes for all of us, death and its material consequences continue to be a taboo, an issue to avoid, among families.

Sometimes it is not even specified who inherits whatRather, it is often the relatives themselves who have to deal with them to find the most basic information about the deceased. Since there is no prevention culture.

After the death of a person, their assets will be distributed among their successors or those who said individual has designated. In the absence of a written legacy, the assets may be abandoned. To avoid conflicts, according to experts, it is better to leave detailed who will be the beneficiaries according to the existing legal forms.

In most cases, before death, the deceased leaves a will detailing how their assets will be distributed equally to all their descendants.

The idea of ​​collecting and having all the personal records, bank account and credit card information, emails, passwords of social networks, the contact of your doctor and lawyer, etc., is convenient to ease the process.

So designating a specific place to collect and store information can help loved ones cope with conflict and save time amid the general confusion. That place can be physical or virtual.

“Family problems that arise after the death of a loved one can be avoided when the heirs want to dispose of the assets and there is no agreement on how the estate will be divided. The lack of testamentary culture occurs because we have a very rigid civil code in terms of how to dispose of the assets that one leaves by testamentary, ”says lawyer César Moya.

Types of wills

There are two types of solemn will: open and closed. The first, open, non-occupational or public, is the one in which the testator makes the witnesses aware of his provisions; and the second (closed or secret) is the one in which it is not necessary for the witnesses to have knowledge of them.

Open will

This type of will must be executed before a notary and three witnesses, or before five witnesses. The Civil Code of Ecuador indicates that a civil judge, whose jurisdiction includes the place of the grant, may act as a notary.

What essentially constitutes the open will is the act in which the testator makes the notary, if any, and the witnesses aware of its provisions. The testament will be witnessed, in all its parts, by the testator, by the same notary, if any, and by the same witnesses.

Closed will

This type of will must be executed before a notary and five witnesses; no judge may act as a notary. Anyone who does not know how to read and write will not be able to grant a closed will.

Attorney Jack Sotelo recommends people prepare their direct sale or donation of real estate. Both are formal acts before a notary public, to transfer the domain.

In the case of donation, it is a contract through which an asset is transferred free of charge to another person who accepts said transfer. The parties to this agreement are called donor and donee, the first being the one who transfers the property and the second the one who receives it. (I)