How to draw up a will correctly: legal advice

Which of the relatives inherits the property and in what order?

If there is no will, then there is a division of property according to the law. There are eight lines of inheritance: 1st – spouse, children, parents; 2nd – brothers, sisters, grandmother, grandfather; 3rd – uncles and aunts; 4th – great-grandfathers and great-grandmothers; 5th – great-uncles and granddaughters, great-uncles and grandfathers; 6th – great-cousins ​​and nieces, great-grandchildren and great-granddaughters, great-uncles and aunts; 7th – stepfather, stepmother, stepsons, stepdaughters; 8th – disabled dependents. If there are heirs of the first stage, representatives of the second stage cannot claim the property.

How to divide property if a will has not been drawn up?

If there is no will, the property will be divided according to the law. Inheritance is carried out in turn, in which you and the mother of the deceased are in the first place, and the husband’s brother cannot count on the inheritance. You will receive half of the entire property.

How to get an inheritance if you missed the deadline?

In this situation, it is necessary to apply to the court with a request to extend the term for entering into the inheritance. If the reasons for postponing the process are valid, the case will be decided in your favor.

What problems will arise with obtaining a share of the inheritance if you leave your parents’ apartment?

The place of registration does not matter. The only advantage of registering with a mother is that when living together, the term for contacting a notary upon inheritance is not limited. The standard is 6 months.

How to properly formalize a waiver of inheritance?

You need to write a statement of refusal to the notary who opened the inheritance case. You can also submit an application through a representative. But this requires a notarized power of attorney. You will not have to pay additional duties and taxes. No certificates will be handed out, since the whole procedure consists in submitting an application, which is registered in the book of inheritance cases.

What is better – to draw up a will for an apartment or donate it?

If you want the apartment to be guaranteed to your granddaughter after your death, then it is better to issue a deed of gift, because the will can be challenged by other relatives (if there are pensioners, disabled people and minor children among them). But it is important to remember that according to the will, the granddaughter will become the owner of the apartment only after your death and the opening of the inheritance, while with the donation, the transfer of ownership will occur immediately after the document is drawn up. In other words, you will no longer be able to dispose of square meters, which means that the fate of the property and, which is very important, your place of residence will depend only on your granddaughter. If she asks for an eviction, nothing can be done.