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Who has the right to dispose of the assets of a deceased relative before inheriting? – Rossiyskaya Gazeta

Date: March 2, 2024 Time: 02:16:54

“The answer is both simple and complex: on the one hand, there are heirs who live permanently with the deceased testator, and there are those who live separately from him and the heir is not always his relative, the situation is even more complicated when there are several heirs, it is in these cases that the questions arise: “Which heir has the right to use the property of the deceased?” says Oksana Filacheva, candidate of legal sciences.

Remember that there are heirs by law and by will, in addition, there are people who have a mandatory participation in the inheritance, such as minor children, retired parents, dependents of the testator, therefore, after the death of the testator, a natural question arises : Who has the right to use what before a notary issues an inheritance certificate? So, let’s look at each specific case separately.


The apartment in which the testator lived remains in use of the heir or heirs who lived in it together with the testator at the time of his death, which means effective entry into the inheritance; He also bears the burden of paying utility bills and other maintenance expenses of the apartment until its registration in order of succession to other heirs. If there are no such heirs, all heirs who have submitted an application to a notary to enter the inheritance bear the costs of maintaining the apartment from the moment of opening the inheritance. In the event that all expenses are borne by one of the heirs, after registering the inheritance rights of all the heirs, he may recover from them the amount of the expenses incurred by him in proportion to the participation of each one in the inherited well.


The situation with cars is as follows: it matters who was using it at the time of opening the inheritance, although formally, when a car is included in the estate of the inheritance, the priority in which of the heirs will receive the car is the one who was He buys it from the other heirs. Otherwise, lengthy court proceedings are possible. As a general rule, the car is inherited by the person who uses it directly at the time of opening the inheritance; the remaining heirs receive monetary compensation for the cost of the car in proportion to the heir’s share in the inherited property. .


The testator’s funds are frozen, as a rule, in his accounts from the moment of his death, but, of course, there are cases when heirs can use them to pay for the deceased testator’s medical care expenses until his death, for expenses . intended to preserve inherited assets, for the testator’s funeral. To do this, you must contact a notary to obtain permission to spend the testator’s funds.

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Hansen Taylor
Hansen Taylor
Hansen Taylor is a full-time editor for ePrimefeed covering sports and movie news.

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