Question about inheritance?



The author posted a question in Legal Advice

Question about inheritance? and got a better answer

Response from
The will must be notarized. If not, your uncle will inherit the apartment and his children will follow him. If there is a will, the uncle can contest it, as the aunt's spouse, and get a share. His share can then be inherited by his children. The best thing would be for your aunt to give you the apartment. Then no one gets anything but you?

Response from 0[+++++]
The will must be notarized. If not, the uncle will inherit the apartment, and his children will follow him. If there is a will, the uncle can contest it, as the aunt's spouse, and get his share. His share can then be inherited by his children. The best thing would be for your aunt to give you the apartment. Then no one will get anything but you.

Response from 0[+++++]
1 make a will directly to you, or better yet, a deed of gift 2 no 3 no

Response from 0[+++++]
All of the above is correct. but the best way out is to make a gift. Since the spouse of your aunt, regardless of the will has the right to an obligatory share of not less than 1/2 of what he would be entitled to by law. And given that, as I understand it is only her husband is a heir of the first order, he can inherit half of the apartment. The right to an obligatory share applies to minors, non-working uncle fits into this category? and dependents. Article 1149 of the Civil Code of the RF.

Response from 0[+++++]
If the apartment was purchased during marriage, then regardless of the aunt's will, the uncle is entitled to 1/2 share as a spousal share. And if he is disabled at the time of opening the inheritance, in addition to his marital share, he is entitled to an obligatory share, regardless of his aunt's will.

 

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