In the area of civil legal relations among the most complex and complicated cases are inheritance disputes.In the related battles faced both proprietary and ethical interests of the relatives of the deceased.
ideal option inheritance is making a will.In this case, each bidder knows his share.Unfortunately, this is not always the case.Then divide the abandoned property is a relative of the deceased.This process is often accompanied by inheritance disputes.
inheritance determined by the transition from a deceased individual to the other parties of their rights and responsibilities.Heritage consists of a previously owned by the testator of rights and duties, they have not ceased to act with his death at the moment of opening of inheritance law.
inheritance disputes - is a species of civil cases in which relatives should defend their right to inherit property in court.
Types of hereditary disputes
- The most common option - a division of property between the claimants to the inheritance, where the will has not been compiled.And if such a document and there, maybe not exactly composed.
- Hereditary disputes resumption date of entry into the inheritance.The case where the successor does not have time to issue the documents and you have to defend that right in court.Lawyer inherited in such a complex case will come in handy.
- also in the courts sometimes have to prove their kinship with the deceased relative to transfer legally abandoned property
procedure for opening the inheritance
have been instances when the will was not made up or given, not all property to be transferredwhereas the right of entry takes place according to the law in turn.
The first phase includes the children of the testator (conceived but unborn when life), his wife and parents.
The second phase consists of a family blood brothers and sisters and grandparents.
The third priority includes aunts and uncles.
Fourth place - a person living with the testator for five years by the same family.
fifth place - all the relatives to the sixth degree of consanguinity.As well as those which contain the testator, but not members of the family.
right to inherit the next stage occurs when the previous stage there are no heirs.Perhaps held rejection of the inheritance or no rights to such a process.
automatically come into an inheritance applicants living at the time with the testator.This will require supporting documents.That could be a certificate of housing department or residence permit in the passport
All applicants for the estate of the deceased in the notary's office file an application within six months after the death.If for any reason it was not possible to submit it, then start a legacy of two ways.The first way - the written consent of all the relatives, and the second - a lawsuit against the re-entry into the inheritance.A lawyer who has experience in these matters, will receive all amounts due according to the law of value and property
