How to avoid mistakes when entering into an inheritance: lawyer’s advice

Errors in inheritance are most often associated with inattention to deadlines. The law provides for six months for filing an application, and if this deadline is missed without good reason, the heir risks losing his rights. Another common mistake is contacting a notary not at the place of residence of the testator. Also, heirs without a lawyer often incorrectly draw up documents or cannot provide the notary with the necessary papers.

To avoid mistakes and arrange your property as quickly as possible, it is better to seek the help of an inheritance lawyer.

Inheritance is not a complicated procedure. But when preparing documents, people can make serious mistakes. As a result, you can start a dispute about the inheritance or completely lose the right to receive it. To avoid mistakes and arrange your property as quickly as possible, it is better to seek the help of an inheritance lawyer.

What does the procedure for entering into an inheritance include?

The procedure for entering into an inheritance by law includes submitting an application to a notary, preparing and checking documents confirming the presence of property in the testator. The final stage is directly obtaining a certificate of inheritance from a notary. In order to avoid mistakes and unnecessary time, it is recommended to seek professional advice from a lawyer who will help to correctly formalize the rights of the heir and accompany you at each stage.

What are the terms of entering into an inheritance?

The terms of entering into an inheritance are six months after the death of the testator. However, martial law is currently in effect in the country, and therefore there are some peculiarities. If the death was registered later than a month after the actual death, then the six-month period begins precisely from the moment of registration.

Some categories of heirs may not apply for an inheritance at all, since they enter into it automatically. These are minor children, incapacitated persons, as well as members of the testator’s family who lived with him at the time of death. If the established period is missed, the term for accepting the inheritance may be renewed through the court if there are good reasons.

What problems most often arise when entering into an inheritance?

There are 3 typical problems that most often arise when entering into an inheritance. Each of them can lead to disinheritance if you do not contact a lawyer in time and take measures. Common problems are as follows:

1. The six-month deadline for submitting an application for inheritance has passed. This is the most common and painful situation.
2. Applying to the wrong notary. According to the law, the application is submitted only at the place of opening the inheritance, that is, at the last place of residence of the deceased.
3. The heirs do not provide all the necessary documents to the notary. For example, the testator’s ownership of real estate, bank accounts. As a result, the notary cannot issue a certificate of the right to inheritance.

Problems can arise if several people claim the same property and cannot divide it. Then the question of a disputed inheritance arises, which is resolved in court.

What documents are required to inherit?

The main documents for registering an inheritance are quite simple, but their correct submission is crucial. The heir must submit an application for inheritance and present an identity document. If a single application is submitted from several heirs, the death certificate of the testator must be attached to the application so that the notary can open the inheritance case.

What is legal support for inheritance cases?

Legal support for inheritance cases is a set of legal services aimed at simplifying and complying with all legal requirements at all stages of registering an inheritance. It includes several main points:

• preparation and submission of an application for inheritance;
• collection and verification of documents confirming the rights of the deceased to property, if necessary;
• assistance in registering property rights for heirs;
• preparation of draft documents submitted to the notary;
• communication with the notary on behalf of the client.

Eventually, the heir receives a certificate of inheritance.

What mistakes do heirs without a lawyer most often make?

Mistakes when entering into an inheritance are most often associated with inattention to deadlines. The law provides for six months for filing an application, and if this deadline is missed without good reason, the heir risks losing his rights. Another common mistake is contacting a notary not at the place of residence of the testator (the person transferring the inheritance). Also, heirs without a lawyer often incorrectly execute documents or cannot provide the notary with the necessary papers. All this entails legal consequences and calls into question the right to inheritance.

How to protect your rights in a conflict between heirs?

To protect your rights in inheritance disputes between relatives, it is important to first determine your own rights and possible ways to exercise them. The easiest way to divide property is to agree with other claimants to the inheritance. The law provides the opportunity to resolve conflicts through negotiations. To do this, you can conclude an agreement on the distribution of the inheritance, which will determine the shares that differ from those established in the will or by law.

However, if you fail to reach an agreement, you must go to court. In this case, legal disputes between the heirs end with a decision that ensures a fair division of the inheritance.

Can a will be challenged and in what cases?

Challenging a will is allowed only in exceptional cases. When there is evidence that the testator at the time of its preparation was not aware of the significance of his actions or could not control them, for example, due to a serious illness or mental condition. However, it is not easy to prove such circumstances: careful preparation is required, collection of medical documents and other evidence confirming the testator’s incapacity. A will may also be declared invalid in case of violation of the requirements established by law for its form or procedure for drawing up.

What to do if the term for acceptance of the inheritance was missed?

If the term for acceptance of the inheritance was missed, the law allows for its restoration, but only if there are good reasons. The procedure for acceptance of the inheritance in such situations is carried out exclusively through the court. The heir must submit an application and explain in detail the reasons that prevented timely registration. If they are recognized as good, the term can be restored and the heir will be able to exercise his rights.

How is the division of property between heirs?

The division of the inheritance between heirs depends on the presence of a will. If a will is drawn up, the property is distributed in accordance with its terms, but with restrictions. So if the testator has a minor child, the law guarantees him a mandatory share, regardless of the content of the will. The amount is half of what the child could inherit if the inheritance had taken place according to the law.

If there is no will, inheritance takes place according to the law. In this case, the heirs are distributed in turns. The first line includes the children, husband and parents of the deceased. The second line is brothers and sisters, as well as grandparents. The third line includes relatives, aunts and uncles. The fifth line includes persons who have lived with the testator for the last five years.

The first line of heirs always has priority, between whom the inheritance is divided equally. Only after their absence does the right pass to the last line – to other relatives of the deceased.

What to do if the inherited property has debts?

If the inherited property has debts, and the creditors have declared them in accordance with the procedure established by law, then these debts must be repaid at the expense of the inheritance. If there are several heirs, the amount of creditors’ claims is distributed among them in proportion to the inherited shares. It should be remembered that if the amount of debts exceeds the value of the inherited property, then the obligations are repaid only within the limits of this property. If debts are discovered when entering into the inheritance, it is better to seek help from a lawyer when registering the inheritance.

Is it possible to renounce the inheritance and what does this entail?

Yes, you can renounce the inheritance. In this case, a person does not acquire rights to the inherited property, but at the same time, the debts of the deceased, if they existed, do not pass to him. The share that the heir renounced is subject to redistribution among other heirs in accordance with their rights.

What is the difference between registering the inheritance with a notary and through the court?

The registration of inheritance by law is carried out exclusively by a notary, it is he who issues a certificate of the right to inheritance. The court is only consulted in the event of disputes: recognition of the right to inheritance, renewal of the deadline for submitting an application or determination of the shares of the heirs. However, even after a court decision, the final registration of the inheritance is still carried out by a notary.

Why should you entrust the support of inheritance cases to a lawyer?

The answer is very simple: a lawyer is a professional in this field. He knows not only the provisions of the inheritance legislation, but also the practical nuances associated with the procedure for acquiring an inheritance, the execution of the necessary documents for the inheritance and other important points. A lawyer helps organize the process so that the entry into the inheritance takes place correctly and in the shortest possible time.

In case of conflict situations, a lawyer provides support during the appeal of the inheritance in court, which significantly increases the chances of a positive outcome of the case. Professional support of inheritance cases eliminates errors and saves time.