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Main » Articles » Real Estate » Miscellaneous

Not all inheritance - the money

A similar situation awaits those who got home with debts to pay for public services: they will have to pay all the arrears. Where the inheritance can bring headaches - many, but almost always a way out.
More precisely, two outputs. The first - to accept an inheritance along with debts, the second - to refuse the inheritance.
It would seem that something simpler: go to a notary and write a statement renouncing the inheritance? But there are nuances that need to know. Refuse the inheritance is possible and before the heir has accepted it and after.

Six months of reflection
If for some reason or another heir decided to abandon the property due to him, the law makes this a definite period - six months from the date of opening of the inheritance (from the citizen's death, the testator).
If the heir has actually received the inheritance, the court may upon application of the heir to admit him to renounce the inheritance and after the deadline, if it finds the reasons for omission is justifiable. What is recognized de facto acceptance of the inheritance?
In accordance with art. 1153 of Civil Code of Russia is (until proven otherwise) that a citizen has the inheritance, if he has committed certain actions:
- Entered into possession or control of the estate;
- Take measures to preserve heritage, protect it from infringement or claims of third parties;
- Made at his own expense the costs of maintaining the ancestral property;
- Pay the debts of the testator or received from third parties testator owed money.
If an heir does not need a legacy, he may abandon it, without specifying anyone, or for the benefit of others. For example, the heir of the first stage may give up his shares in favor of the heirs of any queue, including those in favor of the dependents of the testator, which might be an heir to separate entitlement.
Abandoned in favor of persons other than the above, it is impossible. In addition, among those heirs shall be those whom the testator has deprived the right to inherit.
Non rejection of the inheritance is also in favor of those who are called to inherit by right of representation or in the order of hereditary transmission.

Refusal legatee
Do not think this is not a tautology. In the succession law is such a thing as "legacy". It occurs when the testator has laid on one or more of their heirs through inheritance to fulfill any obligation of a material nature in favor of one or more persons. Such persons are referred to legatees, they are entitled to require performance of this duty of the heirs.
Bequest should be established in the will. The subject of failure are the different responsibilities of heirs, for example, send legatee to the ownership, possession or use of a certain thing, which is part of the inheritance. This can also be the implementation for the legatee of a particular job or service, the implementation of periodic payments.
At the heir to whom the house, apartment or other dwelling, the testator is able to impose a duty to give to another person for the period of his life or a term of the right to use these premises or part of it. I must say that in the future transfer of ownership of this property does not entail the termination of the right of use obtained by bequest. That is a potential buyer apartments in supplements to get her legatee, who will have the full right to reside in the premises.
Legatee, in turn, also has a chance to abandon legacy. But he can not do it for the benefit of others, to refuse reservations or conditional.
If the legatee is an heir at the same time, his right to refuse the bequest does not depend on its right to accept or refuse the inheritance from him.

'll Have to leave yourself
Refuse the inheritance can not in all cases. Refusal in favor of other persons are not allowed:
- From property inherited by will, if all the property of the testator bequeathed to his designated heirs;
- Compulsory share of inheritance;
- If the heir podnaznachen heir.
In addition, not allowed to refuse the inheritance with reservations, or under terms and conditions. Failure of part of the inheritance, too, is not permitted, as here, the principle: to accept the inheritance as a whole or to refuse the inheritance of a single whole.
For example, the law does not allow to refuse the inheritance under the condition that it is committed in the case of another heir to accept the inheritance (or, alternatively, abandon it). Reservations are not acceptable in the case, for example, if a failure of the inheritance is claimed to be preliminary, but no final decision heir reserves the right at the time of the deadline to confirm or revoke the asserted waiver.
But if the heir is called to a succession of several grounds simultaneously (for example, by law and by his will), then he is entitled to refuse the inheritance owed by one of these grounds, several of them or all at once.

How to say "no"
To refuse the inheritance, should be submitted at the place of opening the inheritance declaration. If the heir shall submit the application does not itself, but through another person or sends by post, then his signature must be on record at the notary. In addition, allow disclaimer of inheritance through a representative. In this case, the power of attorney must be specifically stated that authorization. Recall that the legal representatives (parents, guardians or caregivers) power of attorney is not required. But if the heir is a minor, incapable or partially capable citizen, then the rejection of the inheritance is allowed only with prior approval of the guardianship authority.
If the heir renounces the inheritance, without indicating the person in whose favor he was doing, then part of the inheritance that would fall due to this "broke away" heir, goes to the heirs at law of succession in proportion to their shareholdings.
The law does not require to justify the refusal of the inheritance. So, for example, incomplete knowledge of the heir of the inheritance, unless it was not introduced by someone deliberately misleading, does not excuse his refusal to accept the inheritance invalid.
Refusal can be challenged in court. The most common reason for this are:
- Refusal committed under the influence of delusion;
- Refusal committed under the influence of fraud, violence, threats, etc.;
- Refusal by a person, incapable of understanding the significance of his actions incompetent.
In case of refusal from the inheritance must be remembered that afterwards it can not take back or change. So, before you say an emphatic "no", consider all as it should, so you do not regret having made.

Category: Miscellaneous | Added by: Дмитрий (22.03.2010)
Views: 342 | Rating: 0.0/0

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