Tip 1: How to bequeath an apartment
Tip 1: How to bequeath an apartment
A will is a one-sided transaction,directed on the disposal of property. The consequences of such a transaction arise only after the death of the testator. The will must be drafted in writing and notarized.
Instructions
1
Contact any notary. The notary will find out the will of the person to dispose of the apartment after the applicant's death.
2
The notary must be convinced of the legal capacityapplicant, will require an identity document. The notary assesses the ability to report in his actions, for this he conducts a conversation, assesses the adequacy of the answers. The state of the disease, alcoholic or narcotic intoxication can interfere with the attestation of the will.
3
The will is signed personally by the applicant in the presence of a notary.
4
The testator has the right to bequeath flat to any physical persons, incl. which are not heirs by law, or legal entities. Bequeath to bequeath flat whole to one or more persons in shares.
5
Freedom of will implies the possibility at any time to cancel or change the contents of the will, make up any number of wills.
Tip 2: Who can not bequeath an apartment
By signing the will, you clearly and unambiguouslyexpress your will with respect to any movable and immovable property that is at your disposal at the time of death. There are only a few restrictions that the state imposes on the drafting of wills.
You will need
- Notary services when drafting a will, compiling a complete or partial list of transferred property and a list of heirs.
Instructions
1
When drafting a will, you can transferthe inheritance of one part or several, to divide the shares of a living space or other property between heirs, to choose as their heir a relative or an outsider - any such orders are lawful and subject to execution. One of the important limitations that arise when appointing an heir - they can not be a minor, since he can not be considered legally legally enforceable until he reaches the age of eighteen. But there is a nuance - in this case you can appoint the administrator of the inheritance or guardian who will dispose of this property until the child reaches the age of majority. Most often such guardians are the parents or immediate relatives of the child, but in the case of their serious illness, deprivation of parental rights, imprisonment or other similar circumstances, the appointment of a guardian is performed by the relevant state authorities.
2
Another limitation, imposed on the will -when you designate an heir to an apartment, you can not bypass the rule of mandatory share and deprive children of the right of inheritance, seriously ill and disabled relatives or other dependents, registered in it or in your care. They are obliged by law to get their share in the inheritance, because they lose their livelihood. The list of heirs included in this category is detailed in the law and is interpreted unequivocally - no one except people from the categories described in the list can claim for an obligatory inheritance. There are restrictions that reduce the share of the obligatory heir, but they can be checked and established only in a judicial order: for example, if the inheritance is the instruments of labor that the heir always uses under a will for work, and the obligatory heir does not use at all. In this case, the court checks whether the violation of the heir's rights under the will entails the allocation of a share to the obligatory heir, establishes the financial position of the heir under the will and the obligatory heir and makes a decision on the basis of all the facts collected.
Tip 3: How to Apply for a Veteran Apartment
Under Russian law, veterans of the militaryactions have a number of benefits, including they can apply for housing from the state. But it is necessary to know where and with what documents you need to contact.
Instructions
1
Learn if you qualifypreferential housing. According to the law adopted in 2010, this opportunity is given to participants in the Great Patriotic War, disabled veterans of the Great Patriotic War, residents of the besieged Leningrad, as well as widows of the veterans of the Second World War. In this case, a person really needs to improve living conditions. For example, housing should be recognized as old or emergency. Also, the reason for the allocation of a new apartment is the discrepancy between the old norms per square meter per person established by the municipality where he lives.
2
Be registered as needing improvementhousing conditions. To do this, collect a package of documents - a certificate of a veteran or resident of besieged Leningrad, an extract from the house book, as well as documents on recognizing the house as an emergency. Widows of veterans will have to provide documents confirming the status of deceased husbands, as well as a marriage certificate.
3
Contact all documents in the municipalityat the place of residence. In large cities, complex centers for the social protection of the population can deal with similar issues. After registration, regularly find out your place in the queue.
4
When it's your turn, get a subsidy foracquisition of housing. It is calculated depending on the cost per square meter in a particular region. The veteran is entitled to pay for housing at least 36 square meters. But he still has the opportunity to add his money or the means of his relatives and to purchase a larger apartment. Also, the choice of the place of residence remains. For example, if you wish, a veteran can move to another city or village. He gets the apartment on the property rights and in the future can dispose of it at will, for example, bequeath to children or grandchildren.
Tip 4: Passing the apartment by inheritance
Under Russian law, you have the rightbequeath your property to the people you have chosen. This applies to the apartment that belongs to you. And that the heir does not have additional difficulties, you should make a will.
Instructions
1
Specify, does it make sense in your case?make a will. Under the law, in the event of his absence, the inheritance, including the apartment, is transferred to relatives. There are heirs of the first stage - these are spouses, parents and children. If you agree that they will receive your apartment, you may not have to file additional documents. But keep in mind that in this case, they will all receive equal shares in the apartment, with the exception of the spouse who will receive half of the apartment as his property if it was acquired during the marriage.
2
In case of living in a non-privatized apartment, first make it a property. You can not bequeath municipal housing, since it does not belong to you, you have only the right to use it.
3
If you still want to make a will,contact the notary. Take with you a certificate of ownership of the apartment to correctly indicate it in the text of the will. It is also desirable to invite a witness with you, which will certify the voluntariness and validity of your actions. In this case, the witness can not be the one to whom you leave the apartment. In the text of the will, you have the right to leave everything to one person or allocate several shares to different people. For example, you can leave an apartment for a son, and a dacha for a daughter.
4
If you want, bequeath your housing to a public organization. The law gives such an opportunity. In this case, the property will be managed by the owners or founders of the company.
5
Please note that there are categories of relatives whoyou can not deprive an inheritance even by a will made in the name of another person. Half of the apartment and the mandatory share will get your spouse, if you bought a house in marriage. Also, you can not deprive the inheritance completely of your parents and children if they retired or otherwise become incompetent. Also, you can not ignore other disabled dependents who have been keeping you for at least a year. For example, this category includes a disabled partner. Nevertheless, even if you have such mandatory heirs, you can leave part of the apartment to an unauthorized person. For example, if you have a retired mother, and you will draft a will for a brother, in case of your death each of them will receive an equal share in your apartment.
