Inheritance acceptance and registration support
Get an attorney’s advice
It’s not the done thing to talk about it but everyone dies someday leaving some property behind. And the state has to do something with it. The decision the state takes may sometimes be unfair. We’ll tell you a few words about inheritance, its nature, its types and the problems with its registration.
Inheritance implies real estate, motor vehicles, jewels, money and securities that become descendible after the owner’s death.
Types of inheritance
Both tangibles and property rights can be inherited. For example, if an ancestor wrote a book but died before the book was published, the heir is entitled to the right to get the royalty of the book sales.
At the same time, when inheriting an apartment bought on credit, the heir accepts an obligation to pay off the loan balance.
The only thing you can’t transfer by succession is the property rights that are inseparably related to the person. They may include alimony, personal property rights or intangibles.
Categories of heirs
There are two ways of inheriting something: by right of inheritance and under the will. Inheritance under the will is more reliable as it’s quite obvious who the heir is and what he or she is going to inherit as well as who is going to get nothing even if he or she is related to the departed.
If the person dies intestate the order of succession is considered:
- First category heirs: children, spouse and parents;
- Second category heirs: brothers, sisters, grandparents on both mother’s and father’s side;
- Third category heirs: uncles and aunts.
- The heirs from the fourth to the seventh categories: relatives “to the seventh generation”, people that lived with the testator for at least five years and the dependents even if they are not the deceased person’s next of kin.
- The heirs of the eighth and the last category: the state.
The beneficiaries receive an inheritance right in accordance with the strict priority, i.e. the first category heirs are the first to inherit the property. If there are no first category heirs or they renounced their right to benefit from the inheritance, this right passes over to the following categories. The state is the last to claim an inheritance.
Terms of registration
Heirs shall register the inheritance during 6 month. If they missed this deadline they have to adjudicate their property rights.
One woman’s husband died and bequeathed the house. 7 years after, the woman decided to devise this house to her children. But it turned out that the landsite wasn’t registered as private and thus this house could not be considered the private property and descended. Second, the registration term expired long time ago and in fact this woman was not the house owner on the whole. We gave our support in registering this land plot as private and returned the title to property through the court action.
Problems with inheritance registration
Having a testament is the best idea as all the heirs and beneficiaries are mentioned there. So, you just visit a notary according to your registration or the property location and register your inheritance. If all the documents are well-formalized and legalized and there are no counterparts you take possession of the property in half a year after the testator died.
If you have no testament, many nuances may arise. For example, a dispute may arise between the relatives of the same heir category as they can’t specify their property shares. Or some problems may arise with the property and no one knows how to settle these problems.
The registration term is one of the most common problems. An heir can stay abroad or have no idea about the testator’s death. Thus, he or she misses these 6 months as required by the law and can restore the inheritance rights in court after “passing through 9 circles of Hell.”
In all the problematic circumstances, one has to know a lot of nuances that may have both positive and negative effect over the heir’s case. That is really a conundrum for those who have never had anything to do with Law. Thus, you’ll need the attorney’s advice or intrusion.
Even when everything seems clear consult us to be on the safe side. We’ll find the points that need your special attention in your case, check all the documents and specify the hidden pitfalls. That will help you to come into an inheritance easily and without any losses.
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