What you need to know, leaving real estate as an inheritance

It is possible to transfer property to inheritance only then, If you – legal owner. You can transfer your inheritance rights to real estate using three notarized documents: direct will, donation agreement or life support agreement. Consider, what are these documents, and how it affects the inherited property, namely real estate in Odessa and the region .

Will

If a will is drawn up, then no 100% guarantees that, that the heir will receive the property bequeathed in full. In case of execution of a will to the heirs of the second priority, then this document can be challenged in court by the heirs of the first stage.

So, For example, the inheritance was registered for the grandchildren, but children disagree with this. So, judicially, part of the inherited property will be transferred to the heirs of the first stage, which in this case are children.

A will can be revoked at the request of the testator, changed or rewritten. Only that is considered relevant, what was written by the latter and, accordingly, only on its basis the inheritance can be officially formalized. At the same time, the testator does not lose the right to his property. She is his property until his death.. At the same time, the will protects as much as possible all the owner's rights to real estate.

When making a will, it is possible to obtain ownership of the inherited property no earlier than six months after the death of the testator.

Donation agreement

If, instead of a will, the owner decided to transfer the real estate in Odessa to his heirs with the help of a donation agreement, then he must take into account, which loses all ownership rights at the time of signing with a notary. In this case, the donee receives property rights immediately upon registration of the contract and can dispose of the apartment as he pleases.

The older generation mistakenly believes, that by drawing up a donation agreement for their relatives, they will still be able to live in their apartment and manage it until their death, since they are still spelled out in it. This is a misconception. Worth considering, that they can live in it only with the goodwill of the donee.

There are already enough examples, when unscrupulous relatives threw old people out into the street, after that, how the latter issued a dedication to them, despite, that they were promised care and maintenance until the last days.

Lifetime maintenance contract

Another type of contract, with which you can transfer your property rights to inheritance. At its conclusion, property rights are transferred to the acquirer at the time of registration.

Worth considering, that the acquirer will be able to dispose of the real estate only after the death of the alienator, who in most cases continues to live in his apartment. at the same time, the acquirer must still fulfill all the conditions, which were spelled out in the contract for life support.

In this case, the owner has a better chance of not being on the street and getting the care and attention he needs.. Wherein, the purchaser cannot sell or donate it to a third party. Document, which allows him to carry out any transactions with the received real estate – this is the death certificate of the alienator. No need to wait 6 months.

so, which contract to choose. You can sum it up briefly:

– when making a will, the owner can cancel it at any time, or change as you wish. He will also be able to sell, donate or exchange an apartment, despite the existing will.

– life maintenance contract transfers the rights of its own at the time of its signing. However, the alienator can still live in his apartment., not afraid to stay on the street.

– the donation agreement absolutely does not protect the rights of previous owners. The contract comes into force at the time of signing and transfers all ownership rights to the gifted, who can dispose of real estate. The donor can live in the apartment only with the permission of the new owner..