It often happens that a person died and did not leave a will. This can occur in several cases: either the person did not have time to do this during his lifetime, or the deceased was completely agree with the rules established by law. Or it may be that there was nothing to bequeath. In this article, we will consider how to enter into an inheritance without a will.
Legal order
As has already been found out, if there is no will of the deceased, then all property is distributed by law. Entering into the inheritance without a will is a very time-consuming process, sometimes causing a lot of controversy. As established by the Civil Code, there are several lines of persons who claim the inheritance. The first of these are the children and parents of the deceased, spouse or spouse. Next are the brothers and sisters, grandparents. If there are none, or the indicated persons refused, then further distant relatives are entitled to inherit without a will. The succession of heirs can be clarified by a notary public or by lawyers under the
law of succession.Unworthy heirs
The court may decide that a person or persons (relatives) are not entitled to receive part of the property of the deceased. The grounds are harm to the testator during his lifetime, failure to pay alimony or failure to take care, if there was such an obligation. Often relatives abuse this right to remove competitors for inheritance without a will. In this case, it is important to seek the help of lawyers so that your rights are restored, and the collusion of certain individuals in order to achieve their mercantile interests is suppressed.
Order of receipt
Inheritance without a will is drawn up at the notary public at the place of residence. Within 6 months from the death of the testator, you must contact him, this can be done by any relative. The procedure will be initiated, the notary will collect the necessary documents and information about relatives. After that, the shares in the right to whom they belong will be determined. In addition, if a 6-month period is missed, then it can still be restored. There must be good reason for this (prolonged illness, staying in another country, business trips or work in a remote area, etc.). Also, any relative who claims an inheritance without a testament may at any time prior to joining, give up his share.
Then, by law, this part goes to the next in turn. It is important to note that a person who has looked after or kept a deceased is entitled to a share. Such a person may not be a relative at all, but also claims to be a
hereditary mass (property of the deceased).
Conclusion
Much simpler situations are when there is a will to whom what will be given in the event of death. But even in such situations, disputes arise. If we are talking about the absence of a will, then in this case everything is much more complicated. The law lists the mass of people who are interested in obtaining a share, and there is the possibility of recognition as an unworthy heir. In such cases, it is better to trust a professional lawyer if you have any difficulties. It is better to use help and spend a certain amount on this than to completely be left without inheritance.