Transfer Of An Apartment By Inheritance

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Transfer Of An Apartment By Inheritance
Transfer Of An Apartment By Inheritance

Video: Transfer Of An Apartment By Inheritance

Video: Transfer Of An Apartment By Inheritance
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Under Russian law, you have the right to bequeath your property to persons of your choice. This also applies to the apartment you own. And so that the heir does not have additional difficulties, a will should be drawn up.

Transfer of an apartment by inheritance
Transfer of an apartment by inheritance

Instructions

Step 1

Check if it makes sense in your case to draw up a will. According to the law, in case of his absence, the inheritance, including the apartment, is transferred to relatives. There are heirs of the first order - these are spouses, parents and children. If you agree that they will receive your apartment, then you do not have to deal with additional paperwork. But keep in mind that in this case, they will all receive equal shares in the apartment, with the exception of the spouse, who will receive half of the apartment as his property, if it was acquired during the marriage.

Step 2

If you live in a non-privatized apartment, first register it as a property. You cannot bequeath public housing because it does not belong to you, you only have the right to use it.

Step 3

If you still want to draw up a will, contact a notary. Take with you a certificate of ownership of the apartment in order to correctly indicate it in the text of the will. It is also advisable to invite a witness with you who will certify the voluntariness and validity of your actions. In this case, the witness cannot be the one to whom you leave the apartment. In the text of the will, you have the right to leave everything to one person or to allocate several shares to different people. For example, you can leave the apartment to your son, and the dacha to your daughter.

Step 4

Bequeath your home to a community organization if you wish. The law provides such an opportunity. In this case, the property will be disposed of by the owners or founders of the company.

Step 5

Please note that there are categories of relatives whom you cannot deprive of inheritance even with a will drawn up in the name of another person. Your spouse will receive half of the apartment and the obligatory share if you bought a house in marriage. Also, you cannot completely disinherit your parents and children if they have retired or otherwise become incapacitated. You also cannot ignore other disabled dependents who have been in your custody for at least a year. For example, a disabled roommate can be classified in this category. Nevertheless, even with such obligatory heirs, you can leave part of the apartment to an outsider. For example, if you have a retired mother, and you make a will for your brother, then in the event of your death, each of them will receive an equal share in your apartment.

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