Luis Medina case: is it possible to use your grandmother's inheritance as bail if you haven't collected it yet?- Uppers

2022-06-21 22:27:34 By : Ms. Angel Liu

The businessman Luis Medina, involved in an alleged fraud against the Madrid City Council in the sale of medical supplies, has made available to the judge his part of the inheritance of his grandmother, the deceased María Eugenia Fernández de Córdoba, to face the bail of almost 900,000 euros that the magistrate imposed on him for the blow of the defective masks for which the aristocrat would have taken a million euros in commissions.What part of the inheritance does Naty Abascal's son refer to when he offers it to cover the bail?Well, specifically to what the judgment of the Court of First Instance number 12 of Seville issued on December 7, which concluded that she should receive 4,119,095.81 euros from the Ducal House Foundation of Medinaceli.However, that sentence was appealed before the Provincial Court of Seville and, therefore, it is not final.The question then is whether the commission agent can use an inheritance that he has not yet received to avoid the asset uprising.In principle, Judge Adolfo Carretero could not withhold that inheritance from Luis Medina because he still does not have it insured, but what he can do is preventively seize his hereditary rights and, for its effectiveness, record the seizure in the Property Registry. or banks, where Fernández de Córdoba had real estate or checking accounts.Hereditary rights should be understood as those rights held by the heir over the assets of an inheritance.The seizure of hereditary rights is legally possible.To do this, the annotation in the Property Registry of the seizure of hereditary rights corresponding to the debtor on a property registered in the name of the deceased must be requested.This seems like the only formula for Medina to complete the bail of almost 900,000 euros that is claimed after the judge verified the emptying of the aristocrat's bank accounts.He only had a total of 247.26 euros in them.Carretero could only seize the sailboat of more than 300,000 that he bought after pocketing the commission from him.Medina, his brother and his cousins ​​and nephews believe they are entitled to receive approximately 36 million euros of the slightly more than 109 million in which the inheritance left by the grandmother at her death in 2003 is estimated. At that time each brother entered almost half a million, the same as his three cousins ​​and almost 150,000 euros each of the great-grandchildren, but the total did not reach the 33.33% that, as legitimate, should have been delivered to them.At the end of 2021, Judge Francisco José Gordillo partially upheld the collective lawsuit against the Casa Ducal de Medinaceli Foundation that they had filed and ruled that, indeed, they should have received more of the grandmother's inheritance, but he also denied them the distribution of another third. of the legacy that the Duchess left to her son Ignacio, the only one of her children who is still alive and whom she also named Life President of the Foundation.According to the sentence, issued on December 7, Luis Medina would be entitled to 4.1 million euros, the same as his brother Rafael and his cousins ​​Casilda and Victoria Medina, while the great-grandchildren of the Duchess, Victoria Eugenia - who inherited the title of Duchess of Medinaceli- and Alexander Hohenlohe grants them 1.4 million euros each.The ducal house fears that a firm ruling by the Court of Seville agrees with Luis Medina and the rest of the plaintiffs, because it could jeopardize the future of the family heritage.After all, Grandma Mimi's inheritance is basically made up of titles, monumental buildings and works of art, but little cash.So she would have to sell part of all that heritage.Exactly the opposite of what the Duchess of Medinaceli wanted.