How to make an apartment a legacy?

03.01.2011 15:06
Despite the fact that the inheritance of property has existed since time immemorial, and in the last hundred years is governed by the legislation understandable, the parties continue to raise questions. Today the "owner" will try to answer the most important ones.

How to make a will for an apartment?

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Everything that concerns the inheritance is governed by the Civil Code, Chapter 62. Testament - is also a transaction, it is considered a one-sided, though the formatting rules testament to comply. Thus, in most cases will be written the testator (for those who want to pass an apartment through inheritance) by hand or on a computer that is made in writing and shall be certified by a notary.

A simple written form (without the signature of a notary) is also possible, but only with the involvement of two witnesses. Usually resort to this method when there is an opportunity to visit or bring a notary (for example, on a ship, a plane - you never know where the circumstances compel). But in everyday life? in "normal circumstances"? will be drawn up in writing and a notary.

A partial exception is closed will the contents of which nobody knows. In this case, the document is placed in an envelope, sealed, transferred to the notary in the presence of two witnesses and signed by them, then a notary in another sealed envelope, on which the notary makes the sign of acceptance of the will and the data of witnesses.

Do I need to make a bequest to the copy of the certificate of title to bequeath an apartment, help BTI, etc.?

No, no documents do not need to collect. You can even specify the address of the apartment, just write "I will make your apartment such and such a person." After opening the probate lawyer will check to see what kind of apartment was owned by the testator. It will be inherited. If the objects owned by a few, then obviously it makes sense to specify who the heirs passed one or another apartment, villa, house.

Can we settle on another's property?

In principle, one can not specify in his will to prohibit any object, even though the Kremlin. But at the opening of the inheritance of your heirs to him, of course, do not get it. But the opportunity to bequeath anything is sometimes used for selfish purposes: for example, twice removed aunt asked her niece to care for her until the end of life, and in return promise to inherit the apartment. And it may even show a will. Only after the death of my aunt turns out that the apartment did not belong to her. Check who owns the property, you can use excerpts from EGRP. It is given not only to the owner, and any individual. In this statement it is clear who owns the apartment and on what basis.

Is there an inheritance tax?

No, since 2006, inheritance tax abolished (was amended in the Tax Code). True, the notary must pay the state fee (Article 333.24 of the Tax Code) for issuing a certificate of inheritance by law and by a bequest: children, including adopted child, spouse, parents, blood brothers and sisters of the testator - 0,3% of the value of inherited property but not more than 100 thousand rubles.; other heirs - 0,6% of the value of inherited property, but not more than 1 million rubles. For calculating the fee, you can provide any document on the assessment (even ICE!) - Selected by the payer. Notaries public are not entitled to insist on evaluating other way.

From state tax exempt entity: if the heir - the husband of the deceased, if inherited apartment, which is home to heirs at death of the testator, if the heirs - disabled groups 1 and 2.

How to leave the apartment so that other families do not claim to her?

Apply for a compulsory share of inheritance may be incapacitated family members (including retirees), as well as people with disabilities. According to the article. 1149 Civil Code, they can claim an inheritance of at least half of the share, which would be due to them in case of inheritance by law (ie, when the will was not drafted). If a testator wants to leave the apartment to one person, but am not sure that she will not get to other relatives, while an apartment is better to give. Close relatives of the gift tax exempt.

Can we not leave the apartment, and only a fraction in it?

Yes, in a will can specify who will pass on what percentage of an inheritance. But, of course, the heirs would be difficult to sell a stake in the future. But if the proportion is large, it will be able to use them, and use that share for permanent residence registration.

Who gets the apartment, if you do not make it a will?

In the case where there is no probate, the order of succession is determined by law. This provision is governed by Art. 63 of the Civil Code. First of all, inheritance eligible children, spouses, parents of the testator. As well as grandchildren and great grandchildren on the right of representation. Heirs of the second stage - the brothers and sisters, grandparents, nephews, by right of representation. Heirs of the apartment of the third stage - aunts and uncles, and cousins. Stepsons, stepdaughter, stepfather, stepmother become heirs according to the law as a last resort if other relatives of the testator is not.

A very special moment - born out of wedlock. If they are accepted as the testator, they are also descendants of the first stage. Tellingly, they can learn about the testator's death not once, but will be eligible to share in the inheritance. That is why, if the testator man, subsequent transactions transferred to them by inheritance apartment is very dangerous and unpredictable. Indeed, in the mother's passport kids always fit, but the father can change the document, "forgetting" to write children there.

Content tags: Tips on Real Estate
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