It often happens that a man died and left behind a will.This can occur in several situations: either the person does not managed to do in life, or the deceased was in full agreement with the rules established by law.Maybe so, that had nothing to bequeath.In this article we consider the question of how to start an inheritance without a will.
legal order
As has already been found, if not the will of the deceased, all assets shall be distributed by law.Coming into an inheritance without a will - this is a very time-consuming process, sometimes causing a lot of controversy.As established by the Civil Code, there are several queues of people who claim to inheritance.The first of them - the children and the parents of the deceased spouse.Further there are brothers and sisters and grandparents.If there are none or the specified persons refused the inheritance without a will may receive even more distant relatives.Priority heirs can be specified by a notary or a lawyer for inheritance law.
slayer rule
Court may decide that some person or persons (relatives) do not have the right to receive part of the estate of the deceased.The grounds are causing harm to the testator during his lifetime, the non-payment of alimony or failure to care if such an obligation was.Often relatives abused this right to remove competitors inheritance without a will.In this case, it is important to seek help from lawyers, that your rights have been restored, and the collusion of certain individuals in order to achieve their mercantile interests suppressed.
procedure for obtaining
inheritance without a will drawn up by a notary at the place of residence.Within 6 months from the date of death of the testator must be made to use it, it can make any relative.The procedure will be initiated, the notary will bring together the necessary documents and information about relatives.After that, the share will be determined in the law, to whom they belong.In addition, if a 6-month period is missed, it is still possible to recover.For there must be a good reason (prolonged illness, being in another country, travel or work in remote areas, and so on. D.).Also, any relative, applying for an inheritance without a will, may at any time prior to the entry to abandon their share.Then this part of the law becomes the next in turn.It is important to note that the person who took care or containing the deceased is entitled to a share.Such a person may not be a relative, but also claims to be the succession mass (property of the deceased).
Conclusion
much simpler situation where there is a will, someone that would go in the event of death.But even in these situations, there are disputes.If we are talking about the absence of a will, in this case it is much more complicated.The law prechislena mass of individuals who are interested in getting some share, and there is the possibility of recognizing unworthy heir.In such matters best left to professionals, lawyer, if you have problems.It is better to use the help and spend a certain amount of it than did remain without inheritance.
