Sometimes, when opening an inheritance, disagreements may arise among persons applying for it, especially if it is a thing that cannot be divided into shares in nature. The law, however, provides for and stipulates the possibility of resolving various options for inheritance disputes.
Instructions
Step 1
There are two types of inheritance of property: by law and by will. In the first case, it is divided into equal shares in accordance with the sequence prescribed by law. In the second, the testator determines the share of each heir. If there is no such definition or specific indications of the transfer of property, it is divided as in the first case.
Step 2
Minor children, disabled parents of the testator's spouse, and his dependents receive an obligatory share. It is at least half of what each of them would have owed in case of inheritance by law.
Step 3
If you have a disagreement, negotiation is the best way to resolve it. You can conclude an agreement with each other, which will specifically stipulate the share of each. If the inheritance cannot be divided equally due to the unequal value of its parts, it can be sold. The money received for it is divided equally.
Step 4
Disagreements can arise over indivisible property. A thing is recognized as such, the division of which is impossible without changing its purpose. These can be furnishings or household items, a musical instrument, a car, a garage, etc. If this is a premise, the division of which is impossible, but you lived in it at the time of the opening of the inheritance and do not have another living space, then you have the pre-emptive right to receive it against the share due to you.
Step 5
If the inheritance is an indivisible property, and you cannot decide on the share of each, it can be sold to people who have the preemptive right to purchase, or to a third party, followed by a division of the proceeds. If it is still not possible to reach an agreement, the division of property is carried out through the courts.
Step 6
If during the life of the testator you together with him had the right of ownership to an indivisible thing, and your share is part of the inheritance, or you simply constantly used it, and your share is part of the inheritance, then you have the priority right to receive it.
Step 7
If you receive more than your share of the total inheritance with the pre-emptive right, others may receive other property or monetary compensation.
