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Dear Trustee!

I am glad to welcome you to the page of my website dedicated to inheritance disputes.

I have been in this business for more than 6 years and during this time I have accumulated significant practical experience. Many decisions of courts of various instances were announced in favor of my clients.

On this page I will try to present, in my opinion, necessary and useful information that will help you in disputes related to registration of inheritance.

Where does entry into inheritance begin?

• First, the heir needs to prepare an application for entry into the inheritance and submit it to a notary to open an inheritance case.

It is opened by a notary at the place of registration of the testator. The period established for opening is 6 months from the date of death of the testator. A list of documents will be provided to you by the notary when you contact him. Which notary you can contact with an application to open an inheritance case can be clarified in the notary chamber at the place of registration of the testator.

• After opening an inheritance case, it is necessary to begin collecting the necessary documents, since it is rarely possible to immediately submit all the papers confirming the availability, cost, and technical parameters of the inherited property.

The documents that most often have to be submitted additionally include:

registration certificate, extract from the Unified State Register of Real Estate, conclusion on the valuation of real estate, extract from the register of shareholders (if shares are inherited), valuation of these shares carried out by an independent appraiser, etc.

• The notary checks the presence of other heirs and notifies them of the need to formalize the inheritance.
• The final stage of registration of inheritance is a document issued by a notary to the heirs and confirming their rights to the inherited property.
• Further, in accordance with this document, the property is registered as the property of the heirs.

Briefly about inheritance by law

If a person does not leave a will, after his death his relatives become heirs of the property, in the order of priority established by the Civil Code of the Russian Federation. In this case, the inheritance mass (property transferred by inheritance) may include:

• residential and commercial real estate;
• car, various things;
• shares, cash;
• amounts that should have been credited to the testator’s account during his lifetime;
• objects received (created) as a result of the intellectual activity of the deceased.

Also, the estate may include rights that the deceased did not have time to fully formalize. For example, if a husband began the process of privatizing an apartment before his death, then his wife will be able to continue the business.

Save money! Arrange your inheritance yourself!

As you, dear Principal, can notice, this stage is mostly technical and does not require the involvement of additional specialists. You can prepare all the necessary documents and order an appraisal of real estate or shares from an appraisal company yourself, of course, if you have free time. Remember that it is important to submit all necessary documents to the notary on time!

If you do not have free time, are going on vacation or a long business trip, or live in another region, I am ready to offer qualified assistance, which will include preparing a full set of documents for conducting an inheritance case in accordance with the requirements of a notary, as well as presenting them to the notary from Your name. The price of this work will be 50 thousand rubles.

What are the types of inheritance disputes?

I sincerely wish each of my trustors a speedy and peaceful inheritance of property, but based on my practice, I can state that disputes between heirs currently occur quite often. These include:

• Disputes related to wills. Confirmation of the authenticity/unreliability of the document.
• Restoration of the inheritance period.
• Disputes related to the division of inheritance between heirs. Determination of shares.
• Establishing family ties with the testator/challenging family ties.
• Disputes related to the management of inheritance matters by a notary.

At this stage, dear Principal, I recommend entrusting the conduct of such disputes to me, a qualified lawyer, Marianna Valerievna Urbakh!

How can a probate lawyer help?

Family relationships are a special category. Believe me, the emotional intensity of such disputes increases many times thanks to family ties. It is much easier to sort things out with strangers.

• In inheritance disputes, as well as in any other, I will ensure fair satisfaction of the interests of my Principal.
• I will take upon myself the entire emotional component of the process of inheritance distribution. Negotiations with loved ones who are heirs regarding the division of property are not the most pleasant part of an inheritance dispute.
• I will achieve a fair distribution of the inheritance between the heirs.
• I will challenge the will if you doubt its legitimacy.

For more detailed information, call me at +7 (960) 948-53-41 or sign up for a consultation.

How we are working?

For the convenience of clients, inheritance lawyers offer several areas of cooperation that allow them to resolve the most complicated inheritance disputes.

1. Question for a lawyer. You can ask it by phone or send it by email
2. Free consultation. A special option for site visitors: just go to the “Free consultation” tab and fill out the fields that open (name, phone number, email address, etc.). A notification about registration in the chat will be sent to the specified email, after which you can begin correspondence with the lawyer.
3. Pre-trial and judicial proceedings. Lawyers will provide the client with advice on inheritance law, help in determining inherited property, deal with issues of drawing up a will and its legality, take part in court hearings, etc.
4. Enforcement proceedings. The lawyer receives a writ of execution from the court, monitors the implementation of the decision prescribed in it, monitors the actions of the FSSP, etc.

Actual acceptance of inheritance

The fact is that submitting an application to a notary is only one of the ways to accept an inheritance.

Another way is the actual acceptance of the inheritance, which means the heir performing actions to manage, dispose of and use the inherited property, maintaining it in proper condition. This shows the heir’s attitude towards the property as his own.

In particular, the inheritance is considered accepted if the heir has performed one of the following actions:

• Took possession of inherited property. This may apply to both small household items and real estate. For example, he took home paintings belonging to the deceased, planted and harvested crops on the testator’s land.
• Paid the debts of the testator at his own expense or received funds due to the testator from third parties. For example, I paid off my mortgage debt to the bank.
• Took measures to preserve the inherited property. For example, he repaired an apartment, the roof of a house, and moved the vehicle to a garage to avoid damage and theft.
• Incurred expenses for maintaining the inherited property. For example, paid utility bills, taxes, insurance premiums.
• Lived in an apartment or house owned by the testator at the time of death.

So, the heir’s performance of any of the listed actions leads to the fact that he is considered to have accepted the inheritance. However, you will still have to formalize the right to inheritance on paper. Otherwise, it will not be possible to dispose of the inherited property if necessary.

Based on my practice, I suggest that the Principal, depending on the situation, follow one of the following paths:

1. Contact the notary at the place where the inheritance was opened with an application for the issuance of a certificate of the right to inheritance, attaching to it documents confirming that you accepted the inheritance through your actions.

If, thanks to these documents, it can be reliably established that you actually accepted the inheritance, then the notary will issue a certificate. If the attached documents are not obvious or the notary has doubts about their authenticity, he will refuse to issue a certificate and will suggest going to court.

1. Go to court:

• with a complaint about the actions of a notary. This step can be effective if you are sure that the documents attached to the application for the right to inheritance reliably confirm its actual acceptance;
• with a statement establishing the fact of acceptance of the inheritance. In this case, in court, you can use any evidence confirming the actual acceptance of the inheritance by your actions: witness statements, documents, receipts, photographs, etc.

What determines the cost of a lawyer’s services when registering an inheritance?

Among the variety of proposals for registration of inheritance, it is not easy to choose an executor who would meet all the necessary requirements: experience and relevant knowledge, specialization in this area of ​​law and solid judicial practice. And if a lawyer knows how to conduct productive negotiations that will allow the case not to go to trial, it’s simply ideal. In any matter, the parties hope to the last to conclude a peaceful agreement, because no one wants to face legal costs.

Information for those who are interested in the cost of registering an inheritance: the cost of registering an inheritance directly depends on the reputation and qualifications of the chosen lawyer. The more experienced the specialist, the higher his prices. But on the other hand, such a lawyer will be able to offer you:

• Timely intervention in inheritance registration processes;
• The presence of connections in notarial and judicial circles, which can play into the hands of the principal;
• Comprehensive legal support, including preparation of documents and consultations on the regulatory framework (good lawyers are always aware of the latest changes in legislation);
• Strict adherence to attorney-client privilege regarding the inheritance process, the identity of the testator, your relationships, etc.;
• Effective negotiations with other applicants, smoothing out conflict situations.

On a note! In addition to the costs of a lawyer’s services for registering inherited property, an individual needs to plan for the costs of fees in favor of the state (for the work of a notary’s office), as well as for legal and technical actions. The amount of the last expense item is not fixed. It is determined by the decision of the regional notary chamber, and it varies in each subject of the Federation.

Restoring the deadline for accepting an inheritance

The legislator also provides the opportunity to restore the period for accepting an inheritance. To do this you need to go to court.

However, you can exercise this right if the combination of the following circumstances is proven:

1. You did not know and should not have known about the opening of the inheritance or missed this deadline for other valid reasons. For example, you and the testator lived in different localities and had not kept in touch for a long time and you were not informed about his death, or you were on a long business trip or in a helpless state, you had a serious illness. Moreover, short-term health problems, lack of information about the composition of the inherited property and ignorance of legal norms are not valid reasons.

It is important to know that these circumstances should prevent the acceptance of the inheritance during the entire six-month period established by law.

1. You filed an application to restore the deadline before the expiration of six months after the reasons that prevented you from accepting the inheritance in a timely manner ceased.

In any case, a person who is late to accept an inheritance is unlikely to want to have “bird rights” to the property. It is much safer to have legal ones. Choosing the right, fastest way to register your rights depends on the specific circumstances of the case.

Lawyer for inheritance disputes Urbakh Marianna Valerievna will make the process of registering an inheritance comfortable for her Principal!

By concluding an agreement with an experienced lawyer, you will receive:

• comprehensive analysis of all possible scenarios;
• an action strategy that is acceptable in terms of price and timing;
• assistance in preparing the evidence base;
• an objective assessment of the notary’s actions within the framework of the inheritance case;
• statement of claim to court;
• an objective perspective on the claims of other heirs;
• protection of interests in court of any instance.

Dear Trustee! I will help you receive an inheritance and register the property of everything that is rightfully due to you! Sign up for a consultation. Cost - 3000 rubles.

Following the consultation, you will receive the following information:

• You will understand the prospects for receiving an inheritance;
• a clear order of priority actions has been defined;
• there will be an understanding of the strategy for further actions to receive an inheritance;
• The perspectives of other heirs involved in the dispute will become clear.

In case of concluding an agreement for comprehensive representation of your interests in the framework of an inheritance case, the consultation is free of charge!

Save your time, health and good mood!

Entrust the solution of emotional inheritance disputes to the experienced lawyer Marianna Valerievna Urbakh! Call me or sign up for a consultation in Moscow!

The cost of a lawyer’s services depends on their complexity and volume. I adhere to a transparent financial policy. On this page of the site you can familiarize yourself with the price list for various types of legal assistance.

Dear Clients! You can always clarify prices directly for your case by contacting me.

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Below you can see the prices for services.

Conducting an assessment of inherited objects

Registration of an inheritance in 2021 is impossible without an assessment of the property to be inherited. Based on these data, the state duty will be calculated. Real estate can be valued in one of the following ways:

1. Order a certificate of cadastral value from the MFC or on the Rosreestr portal.
2. Order a market value assessment. To do this, contact a licensed appraisal organization and order an appraisal report. This option is used if the market value of the property is clearly higher than the cadastral value. The service is paid, in 2020 it costs from 3,000 rubles.

Cars, securities, and other property are not valued at the state level in Russia, so the heir will have to look for a private company that has a license for this type of activity. In addition, you will need to find out whether the appraiser is included in the SRO; to do this, you need to go to their register and enter the name of the appraiser into the search. If it turns out that he is not a member of the SRO, the notary will not accept the assessment report, and the funds for it will be wasted.

Results of my work

• Inheritance cases

The essence of the case: Citizen Zh. asked for help in registering rights to inherited property. During the consultation, it turned out that his grandmother died several years ago. The trustor's mother, who was the only first-degree heir at the time of the testator's death, did not apply to the notary to accept the inheritance because she suffered an ischemic stroke and could not move independently. Actions indicating the actual acceptance of the inheritance after the death of the grandmother were performed by the principal himself on behalf of the mother.

Starting from the first days after the death of the testator, he took title documents from the apartment and checked the condition of the apartment. Subsequently, the trustee's mother died without having time to formalize the inheritance after her mother during her lifetime. The principal missed the six-month deadline for contacting a notary after the death of his mother.

As a pre-trial preparation, I collected evidence confirming the actual acceptance of the inheritance by my principal.

By the decision of the Leninsky District Court of Barnaul in case No. 2-3421/2014, the claims were satisfied in full, the ownership of 2 apartments was recognized as my client’s.

As a result of the work, the decision of the Oktyabrsky District Court of Barnaul dated November 27, 2014. in case No. 2-4252/14, the fact of accepting the inheritance of my principal after the death of my brother was established and her ownership of the apartment was recognized.

After the court decision entered into legal force, ownership of this apartment was registered with the Rosreestr Office for the Altai Territory.

Result of the case: ownership of 2 two-room apartments was recognized.

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The essence of the case: Citizen B. asked for help in registering ownership of an apartment left after the death of her brother.

During the consultation, the trustee explained that her brother died in 2007. After the death of her brother, she, being the only relative of the testator, did not turn to a notary to formalize her inheritance rights, however, she bore the costs of maintaining the apartment and carried out repairs in the living space, which, in accordance with Russian legislation, is the actual acceptance of the inheritance.

The work was complicated by the lack of title documents for housing. In connection with this, I carried out pre-trial work to collect the necessary evidence. After the preliminary work was completed, a statement of claim was drawn up and filed with the court.

As a result of work on the case, the Oktyabrsky District Court of the city of Barnaul decided on November 27, 2014. established the fact of acceptance of B.’s inheritance after the death of her brother and recognized her ownership of the apartment.

After the court decision entered into legal force, ownership of this apartment was registered with the Rosreestr Office for the Altai Territory.

Result of the case: the fact of acceptance of the inheritance was established and ownership of the apartment was recognized.

Submit your application

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