In the field of legal civil relations, one of the most complex and complicated cases is hereditary disputes. In the course of related battles, both the property and ethical interests of the testator's relatives clash.
The ideal way to inherit property is a testament. And in this case, each applicant knows his share for sure. Unfortunately, this is not always the case. Then the relatives of the deceased have to share the abandoned property. This process is most often accompanied by hereditary disputes.
Inheritance is determined by the transition from a deceased individual to other persons of his rights and obligations. The inheritance consists of the rights and obligations previously owned by the testator, they did not cease to act with his death at the time of opening the inheritance right.
Inheritance disputes - this is one of the varieties of civil cases in which relatives should defend their rights to inherited property in a judicial proceeding.
Types of Inheritance Disputes
- The most common option is the division of property between applicants for the inheritance, where the will was not made. And also, if such a document is available, it is probably not entirely accurate.
- Inheritance disputes regarding the renewal of the term of inheritance. The case when the heir does not have time to draw up documents and have to defend this right in court. The services of a lawyer by inheritance in such a complex case will not be superfluous.
- Also, in court, sometimes you have to prove your kinship with a deceased relative to legally transfer the abandoned property
The order of opening the inheritance
There are cases when the will was not made or not all the property to be transferred is indicated, then the right of entry takes place in accordance with the law in order of priority.
The first stage includes the children of the testator (conceived, but unborn during life), his spouses and parents.
The second stage consists of blood relatives of brothers and sisters, grandfathers and grandmothers.
The third stage includes aunts and uncles.
The fourth stage - persons who have lived with the testator for five years as one family.
Fifth turn - all relatives to the sixth degree of kinship. As well as persons whom the testator kept, but who are not members of the family.
The right of inheritance of the next queue comes if there are no heirs in the previous queue. Perhaps the rejection of the inheritance took place , or there is no right to such a process.
Applicants living at that time with the testator automatically enter into the inheritance. This will require a supporting document. This may be a certificate of Housing Office or registration in a passport
All applicants for the property of the deceased to the notary's office file an application six months after death. If for any reason it was not possible to file it, then you can enter into the inheritance in two ways. The first method is the written consent of all relatives, and the second is a lawsuit in the court for re-entry into the inheritance. An attorney with experience in such matters will help to obtain all property and property due under the law.