The expert spoke about possible problems in the absence of a will.

In the absence of a will, property does not automatically pass to children, as many believe. Lawyer Ekaterina Tyutyunnikova told about this on October 10.

According to Tyutyunnikova, the widespread opinion that in the absence of a will, all property automatically goes to the children is erroneous. The law defines specific heirs, and inheritance occurs not only by right of the children, but also of the spouse and parents of the deceased. These relatives inherit the property in equal shares.

"If the deceased has children, the spouse and at least one parent are alive, the property is divided equally between them, and the children do not receive everything, but only their part. Having several children also means that their share is decreasing, since all property is divided among all heirs of the first stage," the lawyer said in an interview with the newspaper.Ru».

The expert also recalled that at the time of death, one of the spouses has the right to his half of the joint property acquired in marriage. Only the remaining part becomes an inherited mass. It is also important to take into account the mandatory share for disabled parents, children, spouses and dependents, which is at least half of what would be due to them if they inherited according to the law.

Another mistake is the absence of an application for acceptance of the inheritance within six months from the date of the opening of the inheritance. If the heir has not applied to a notary, his share may pass to the state. It is possible to restore the term only through the court if there are valid reasons.

"This may be the payment of debts of the deceased, utilities, repairs, property security. However, without subsequent registration of rights through a notary, this method often leads to disputes and refusal to issue a certificate of inheritance," she warned.

In addition, the lawyer stressed that in difficult family situations, for example, if there are children from different marriages or if you want to transfer property to friends, it is better to make a will. This will help to accurately express the testator's will and avoid legal difficulties.

To prevent conflicts and preserve property, Tyutyunnikova advised to consult with a lawyer in advance and, if necessary, make a will. This will help to avoid litigation and maintain family relationships.

On September 24, Gennady Karpov, partner of the legal bureau Strategiya, told how to protect the inheritance. According to him, the choice of the most appropriate way to protect the inheritance depends on the goals of the owner, his intentions for the distribution of property and the availability of mandatory heirs.

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