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Hereditary disputes. Solutions

In the field of legal civil relations,The most complicated and complicated cases are hereditary disputes. During the related battles, both the property and ethical interests of the testator's relatives are faced.

hereditary disputes
An ideal variant of property inheritanceis a written will. And in this case every applicant knows exactly his share. Unfortunately, this is not always the case. Then to divide the left property it is necessary to relatives of the deceased. This process is often accompanied by hereditary disputes.

Inheritance is determined by the transition from the deceasedphysical person to other persons of his rights and duties. The inheritance consists of rights and obligations previously held by the testator, they did not cease to act with his death at the time of the discovery of the hereditary right.

Hereditary disputes - this is one of the varieties of civil cases, during which relatives must defend their rights to inherited property in court.

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Types of inherited disputes

  1. The most common option is the division of property between applicants for inheritance, where the will was not drawn up. And also if such a document is available, it is probably not compiled exactly.
  2. Hereditary disputes over the resumption of the terminheritance. The case when the heir does not have time to issue the documents and it is necessary to defend this right in court. The services of a lawyer by inheritance in such a complicated matter will not be superfluous.
  3. Also, in court, sometimes you have to prove your kinship with a deceased relative to transfer legally the abandoned property

The order of opening the inheritance

There are cases when a will has not been drawn up or not all the property to be transferred is indicated, then the right of accession takes place according to the law in the order of the queue.

The first stage includes the children of the testator (conceived, but unborn in life), his spouses and parents.

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The second stage consists of blood brothers and sisters, grandfathers and grandmothers.

The third line includes aunts and uncles.

Fourth line - people who lived with the testator for five years with one family.

The fifth line is all relatives up to the sixth degree of kinship. And also the persons who were held by the testator, but who are not members of the family.

The right of succession of the next turn comes in the event that in the previous queue there are no heirs. Perhaps, there was a renunciation of the inheritance, or there is no right to such a process.

The applicants residing at that time with the testator automatically inherit the inheritance. This will require a supporting document. This may be a certificate of the housing office or a residence permit in the passport

All applicants for the property of the deceased inThe notary's office is notified six months after the death. If for any reason it was not possible to file it, then you can enter into the inheritance in two ways. The first way is the written consent of all relatives, and the second - a lawsuit to the court to re-enter the inheritance. An attorney with experience in such matters will help to obtain all the values ​​and property due by law

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