Real estate inheritance
When inheriting real estate happens transfer of the right of ownership from a deceased citizen to his heirs. If there are no heirs, then property is transferred to the state. To become an owner, the heir requires to accept the inheritance. This is done within six months after the death of the testator. Period may be extended by the courts, if for that will be good reasons. Today there are: a hereditary succession and testamentary succession. How do they differ from each other?
Property inheritance comes by the law, in the absence or in the case of invalidation of his will. Since in this case testator's will is not considered, then court solves everything - set the priority of people who can claim a right on property. For example, to the heirs of the first stage are included: parents, children or husband / spouse of testator. In the second turn takes into account interests of his: brothers and sisters, grandparents if they are. Then are included: nephews, cousins and other relatives, about which order you can read in the Code.
Inheritance of property by testament starts, if the deceased person had time to express his will about the future use of his property. A testament shall be in writing, usually in the presence of witnesses and a notary. It is considered a priority basis of inheritance, each new testament invalidates all written earlier. In this case, anybody can be the heir! Both the state and municipal organizations, physical and legal entities! But, as a rule, heirs in the testament indicate t heir children, who are already have the right to a compulsory share of property by the law! By the way, about the compulsory share of inheritance. It would seem that every person has the right to dispose his property on his own, without looking back at anyone else. But inheritance of property by testament is limited by the rights of certain people on the compulsory share of inheritance. Whatever happens, they can not be completely deprived of property and are called for the adoption of inheritance, even if they were not listed in the testament. This applies to those citizens who, due to t heir age or disability, are unable to protect themselves. In any case, they receive t heir compulsory share of ownership. These include: disability or minor children of the deceased, disabled husband or wife, his parents and other dependents who have the right to the inheritance of not less than half share, which could be read by him while inheritance by law. Calculation of compulsory share happens after the evaluation of the property and with the agreement of the parties, it can be allocated in cash.
If you are going to buy a flat with an inheritance in history you should necessarily consult with a lawyer or realtor. Such deals usually carry the risk of being canceled. This is especially due to the unknown limitation period of inheritance.
It would seem that six months this is enough time for acceptance of inheritance. Most people in this period quietly receive a certificate about inheritance right and draw up the real estate ownership. With any type of inheritance it can happen even earlier the statutory period, if the notary has information that, there are no more heirs besides declared persons. If the situation is clear, children or other close relatives of the testator are listed in the testament, then there is no problem and everything is made quickly. Extension of the term of the inheritance occurs less common, its resolved by the court in granting him a good reason, because of which man could not join the inheritance. Typically, this happens when the person did not even know about the death of his relative, because he lived in another country or just did not communicate with him for a long time. After six months you can do without court, if other heirs agree to the emergence of a new member in division of the property. In this case, a latecomer can claim to that part of the property, which was preserved in reality, and on the money which were received after sale of another part of the property.
Of course, if you decide to buy an apartment with a legacy and it will become a subject of dispute of new participants of the testament, then the court will be on your side, most likely, that you will not lose a lot of money. Demand will be from the heirs. Namely, they will return the person, who have missed the deadline, his property in cash. But you will need to participate in all litigations, worry and spend money on various consultants. Its better and much cheaper envisage everything beforehand. If the realtor while checking the apartment, will find any white spots, he unequivocally will discourage you from buying. If at dialogue with the sellers- heirs will be identified some omissions, the agent will advise you to buy just another variant. He will ask the neighbors. Maybe the deceased owner had incapacitated children, who are currently in the boarding and they "were forgotten", but this truth can always become known. If the heir at all is a person, about which previously no one has heard - he is not: a relative of the deceased, not a friend or colleague, there is every reason to fear such an object. Only realtor is able to carefully examine the documents and the history of the apartment, to give an advice about purchasing of this object.