For example, during a divorce, it is important to correctly divide joint property, determine the child's place of residence, or agree on alimony payments. Another common case is disputes over inheritance, when relatives cannot reach an agreement. In such situations, the absence of competent legal assistance can lead to wasted time, money, and even the violation of your rights.
Conflicts during inheritance proceedings are one type of legal situation that can lead to serious consequences. They often arise due to misunderstandings between heirs, disputes over property distribution, contesting the will, or even questions about the validity of the will itself. Typically, a family lawyer is needed to resolve these matters. So, you need a legal assistance in family matters.
The main causes of conflicts during inheritance proceedings
The reasons for conflicts when оформлення inheritance can vary. It is important to have a good family lawyer who can handle your case. However, it is better to know in advance what may cause conflict situations in order to prevent them.
- Conflicting wills — sometimes the testator may change their will several times, which leads to disagreements among the heirs regarding which document is valid.
- Incorrectly defined shares of heirs — when heirs cannot agree on who should receive which portion of the property, disputes arise.
- Disputes over the legitimacy of heirs — some heirs may attempt to contest their right to inherit, for example, if they were absent when the will was made or were not included in it.
- Unfair distribution of property — disputes may arise if one of the heirs believes that others received more than they are entitled to by law or under the will.
- Debts — when the inheritance includes the deceased's debts, there may be questions about who is responsible for settling them, which can also lead to conflicts between heirs.
Heirs should consult a lawyer to determine the inheritance procedure according to the law and to handle all necessary documentation. If there are doubts regarding the documents, they should verify all documents for compliance with legal requirements and consult a notary or lawyer to make the necessary corrections. If disputes arise over assets, an independent property appraisal should be conducted, and the services of a mediator can be used or the matter taken to court for a fair distribution of the estate. It is important to seek timely advice and assistance from qualified lawyers and other specialists to resolve conflicts during the inheritance process.
It is important to remember the six-month deadline for submitting a claim to accept an inheritance. Missing this deadline may result in the loss of the right to the inheritance.
If the inheritance includes real estate, vehicles, or other valuable items, an appraisal should be conducted. This will help determine the value of the inherited property for further distribution among the heirs.
It is important to seek help from an experienced family lawyer in a timely manner to resolve conflicts properly and avoid lengthy court proceedings, as inheritance disputes can last for years and lead to financial and emotional losses.
Family Law Lawyers - Their Help in Inheritance Matters
The assistance of a family lawyer is crucial in inheritance disputes. Family law attorneys provide legal support at various stages of resolving the conflict. Here are a few ways a lawyer can help:
- Consultation in family matters and situation assessment — a lawyer can provide professional advice, help assess your position in the dispute, clarify the rights and obligations of heirs, and determine whether there are grounds for contesting the will or the actions of other heirs. You can also request a consultation with a family lawyer.
- Will and document verification — a lawyer can check the legality and validity of the will, identify any potential violations (such as regarding signatures, certification, or the mental state of the testator at the time the document was made), which could be grounds for contesting it.
- Reaching an understanding between parties — an experienced lawyer can facilitate peaceful resolution of the conflict through negotiations, mediation, or agreement on property division terms. This helps avoid lengthy and costly court proceedings.
- Court representation — if necessary, the lawyer will represent your interests in court, prepare all necessary documents, evidence, and file a lawsuit or appeal.
- Property division — the lawyer will help correctly determine the heir's share, considering both the will and legal norms regulating inheritance. This is especially important if there are disputes regarding property division or the legitimacy of inheritance rights.
- Legal support in case of debts — if the inheritance includes debts, the lawyer can help determine who is responsible for repaying them and minimize the risks for heirs to avoid losing part of their property due to the deceased's debts.
- Protection of the rights of minors or incapacitated heirs — if among the heirs there are individuals who cannot protect their interests independently (such as children), the lawyer will ensure their rights are upheld.
Family law lawyers can provide crucial assistance in inheritance matters, as these issues are often related to family relationships, wills, and the rights and responsibilities of family members. A family law lawyer not only helps resolve specific legal issues but also provides psychological support in difficult emotional situations that may arise during the inheritance process.
Family Lawyer Fees
The cost of family law services can depend on the lawyer's qualifications and the complexity of the case. The price can be determined after the consultation. We offer online consultations with family law lawyers. Family legal consultations with a good family lawyer are also available upon request.
Question
What is considered the place of opening the inheritance?
Answer
The place of opening the inheritance is the last place of residence of the deceased. If the deceased's place of residence is unknown, the place of opening the inheritance is the location of the real estate or its main part, and in the absence of real estate – the location of the main part of the movable property (parts one and two of Article 1221 of the Civil Code of Ukraine).
A family lawyer will help you find a lawful solution: prepare the necessary documents, represent your interests in court or during negotiations, and provide legal support throughout the conflict resolution process. Experienced attorneys from the "Consultant" legal service will protect your rights in complex family situations. Contact us for a free consultation to get help from a family lawyer, so you know your rights and find the optimal solution to your situation.