The Apartment can be inherited by will or by law if it belonged to the deceased owned. Inheritance of property that was used in the contract of employment, are excluded.
People have the right to inherit the apartment as a bequest, if their names are in this document. In the case when not specified the shares of the heirs, the living space is distributed among them equally.
Regardless of the contents of the will, the right to inheritance of minors and disabled children, the spouse (wife), parents of the deceased and persons who were in his care (dependent).
To inherit housing these relatives have at least a year to live in this apartment.
Right to the inheritance can be challenged. Then a relative who applied on this occasion to the court must prove that the will was drawn up by the person who is in inadequate condition (for example, senile), under the influence of drugs affecting the psyche or under compulsion.
The Citizens mentioned in the will, the court may deprive the right of inheritance, if there is evidence of their avoidance of maintenance and proper care of the testator during his lifetime.
If the will is not drawn up, it is possible to obtain the inheritance by law in order to eight queues.
First and foremost: parents, spouse, children. It so happens that the son or daughter of the testator die before the opening of the inheritance or on the same day. Then their share goes to the grandchildren of the deceased who become primary heirs.
The Second phase – brothers and sisters of the deceased born from same or different parents, his grandparents. In the event of the death of sisters and brothers before the opening of the inheritance or on the same day, the heirs of the second stage become of their children (by right of representation). Relatives belonging to the second turn, you can be eligible for inheritance, if there are no heirs of the first stage.
Third place – aunts and uncles. If any died, the heirs are cousins, sisters and brothers.
Fourth place – great-grandmother, great-grandfather.
Fifth place – the children loved nieces and nephews, sisters and brothers grandfathers and grandmothers.
Sixth – grandchildren, nieces and nephews, cousins, children of sisters and brothers, cousins, aunts and uncles (children of sisters and brothers and grandparents).
The number seven – stepmother, stepfather, stepdaughter, stepchild.
Eighth place – disabled citizens, were dependent on the deceased and lived with him in the same area for at least a year. These people claim the inheritance together with relatives. If there are no dependents become independent queue and shared among themselves.
Applicants are in the same stage of succession, have equal rights.
Turn inheritance can be changed if one of the relatives was disabled at the time of opening the inheritance, and was dependent on the deceased. This citizen claims to be an apartment with the turn, called for inheritance.
The Right to inheritance under the law – complex and largely controversial issue. In order to have a chance to inherit the apartment, you should carefully examine all the legal aspects.
Article in other languages:
AR: https://tostpost.com/ar/the-law/11358-the-right-to-inherit-the-apartment.html
BE: https://tostpost.com/be/zakon/20359-prava-na-spadchynu-kvatery.html
DE: https://tostpost.com/de/das-gesetz/20364-erbrecht-wohnungen.html
ES: https://tostpost.com/es/la-ley/20375-el-derecho-a-la-herencia-del-apartamento.html
HI: https://tostpost.com/hi/the-law/11369-the-right-to-inherit-the-apartment.html
JA: https://tostpost.com/ja/the-law/11369-the-right-to-inherit-the-apartment.html
KK: https://tostpost.com/kk/za/20347-m-ragerl-k-y-yn-p-ter.html
PL: https://tostpost.com/pl/prawo/20322-prawo-do-dziedziczenia-mieszkania.html
PT: https://tostpost.com/pt/a-lei/20319-o-direito-heran-a-do-apartamento.html
TR: https://tostpost.com/tr/hukuk/20356-miras-hakk-na-sahip-daire.html
UK: https://tostpost.com/uk/zakon/20339-pravo-na-spadschinu-kvartiri.html
ZH: https://tostpost.com/zh/the-law/12147-the-right-to-inherit-the-apartment.html
Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."
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