Inheritance sharing is the process of dividing the assets left behind after the death of the testator among the legal or appointed heirs. This process is not just about dividing inherited property; It includes many legal stages such as determining who the heirs are, calculating inheritance shares, determining the goods and debts included in the estate, title deed transfer, bank transactions, tax liabilities and resolution of disputes that may arise between the heirs.
The most common problems encountered when sharing an inheritance include disagreements between siblings, the surviving spouse's share of the inheritance, the sale of the inherited house, allegations of heir collusion, violation of reserved shares, will regulations, cases of rejection of inheritance and elimination of partnership. For this reason, each heir must know his rights and obligations correctly during the inheritance sharing process.
Lawyer Mehmet Kurşun provides legal support on inheritance law issues such as inheritance sharing, inheritance certificate, title deed transfer, muris collusion, criticism case, rejection of inheritance, cancellation of will and dissolution of partnership. Incorrect or incomplete action during the inheritance sharing process may lead to serious loss of rights and long-lasting lawsuits in the future.
What is Inheritance Sharing?
Inheritance sharing is the distribution of the assets included in the estate among the heirs after the death of the testator. The estate includes not only the real estate or money of the testator; It includes vehicles, bank accounts, company shares, receivables, debts, loans, tax liabilities and all other asset values. Therefore, the scope of the estate must be determined correctly before sharing.
In order to share the inheritance, it is necessary to first determine who the heirs are and their inheritance shares. For this, an inheritance certificate is obtained. The certificate of inheritance is also known as the certificate of inheritance in practice. This document shows the heirs and their shares; However, this alone does not mean that the inheritance is actually shared. After the inheritance certificate is obtained, transfer, sharing, sale or litigation procedures on the goods included in the estate must be carried out separately.
How to Share Inheritance?
Inheritance sharing can be done in two basic ways: by agreement of the heirs or through the court. If the heirs agree on how the assets included in the estate will be shared, an inheritance sharing agreement can be prepared. In this contract, which real estate will be inherited to whom, how bank accounts will be divided, transfer of vehicles, payment of debts and sharing of other assets can be clearly regulated.
If an agreement cannot be reached between the heirs, litigation may be necessary. Particularly in cases such as the sale of inherited immovable properties, an heir's sole use of the immovable property, other heirs not paying their share, the allegation that past title deed transfers are for the purpose of stealing property from the inheritance, or the will harming inheritance rights, an inheritance lawsuit may come to the fore.
- The death record of the testator is recorded in the population system.
- An inheritance certificate is obtained.
- The goods and debts included in the estate are investigated.
- Inheritance and transfer tax transactions are evaluated.
- Title deeds are transferred for real estate.
- If there is an agreement between the heirs, an inheritance sharing agreement is prepared.
- If there is no agreement, a relevant inheritance case or a lawsuit to dissolve the partnership will be filed.
How to Determine Legal Inheritance Shares?
One of the most important issues in inheritance sharing is the correct calculation of legal inheritance shares. In Turkish inheritance law, heirs are evaluated within the class system. The first group includes the children, grandchildren and descendants of the deceased. In the second group, mother, father and their descendants; The third group includes grandparents and their descendants. The surviving spouse does not constitute a group on his own; He/she receives different shares of inheritance depending on which group he or she inherits from.
| Heir Status | Surviving Spouse's Share | Share of Other Heirs |
|---|---|---|
| If spouse and children are joint heirs | 1/4 | Children share the remaining 3/4 equally. |
| If the spouse is the heir together with the parents' group | 1/2 | Mother, father or their descendants receive the remaining 1/2 share. |
| If the spouse is the heir along with the grandparents' group | 3/4 | The third estate heirs receive the remaining 1/4 share. |
| If there is no other legal heir | all | The entire inheritance goes to the surviving spouse. |
| If there is no spouse and children are heirs | There is no | Children share the inheritance equally. |
Determining inheritance shares may not always be that simple. Situations such as the death of one of the heirs before the deceased, filial relationship, lineage, will, disinheritance, rejection of inheritance or waiver of inheritance may change the share calculation. For this reason, the inheritance certificate and family population records should be carefully examined before sharing the inheritance.
Inheritance Partnership and Joint Ownership
If there is more than one heir, the inheritance continues as a partnership between the heirs until sharing is made. In this process, the heirs jointly own the estate. In joint ownership, one of the heirs cannot act alone on the entire property included in the estate. For example, all heirs have rights on an inherited house together, and an heir cannot sell the entire property without the permission of the others.
The inheritance partnership continues until the inheritance sharing is completed. If an agreement is reached between the heirs, a sharing agreement can be made. If an agreement cannot be reached, each heir can request the sharing of the inheritance. In this case, ending the partnership through litigation or sharing the estate may be on the agenda.
What is an Inheritance Sharing Agreement?
An inheritance sharing agreement is a legal document that puts the heirs' agreement in writing on how the assets included in the estate will be shared. Thanks to this contract, heirs can arrange the division of inheritance at their own will, without going to court. However, the sharing agreement must be prepared in a way that is clear, enforceable and reflects the will of all heirs.
In the inheritance sharing agreement, immovable properties, vehicles, bank accounts, jewelry, company shares, rental income, debts and other asset values should be arranged separately. Which property will be left to which heir, if equalization will be made, how it will be done, and if there is payment, the amount and duration should be clearly stated. Ambiguous statements may cause new disputes in the future.
Title deed transactions are also important in inheritance sharing involving real estate. Even if the heirs agree among themselves, official form and title deed directorate procedures may be required for the title deed transfer. For this reason, when preparing an inheritance sharing agreement, the results of land registry, tax and inheritance law should be evaluated together.
How to Share Inherited Real Estate?
Sharing of inherited real estate is one of the most frequently disputed areas in inheritance law. Immovable properties such as house, land, field, workplace or summer house belonging to the testator are first transferred to the title deed in the name of the heirs. After the transfer process, the immovable property is registered in the name of the heirs in proportion to their inheritance shares. However, transfer does not mean that sharing is completed.
Heirs can agree on who will inherit the real estate, whether it will be sold, or how the rental income will be shared. For example, an heir may want to buy the real estate and pay the other heirs for their shares. If all heirs agree on this issue, the title deed can be transferred. However, if one of the heirs objects to the sale or transfer, litigation may be necessary.
What to Do If Heirs Cannot Agree?
If an agreement cannot be reached between the heirs, different types of lawsuits may arise depending on the nature of the dispute. If the problem is only the inability to share the inherited real estate, a lawsuit can be filed to dissolve the partnership. With this lawsuit, it may be requested to divide the real estate as it is or to terminate the partnership through sale.
If it is thought that the testator has stolen property from some heirs while he was still alive, a case of heir collusion may be filed. If there is a violation of reserved shares, a retaliation lawsuit may be brought to the agenda. If the will is thought to be unlawful, a lawsuit for annulment of the will can be filed. If one of the heirs uses the property belonging to the estate alone and does not give a share to the other heirs, a request for compensation may also be evaluated.
| Subject of Dispute | Legal Remedies |
|---|---|
| If the inherited real estate cannot be shared | A lawsuit may be filed to dissolve the partnership. |
| If the testator is thought to have stolen property | Muris collusion case may come to the fore. |
| If the reserved share is violated | Tenkis lawsuit may be filed. |
| If the will is thought to be invalid | The case for cancellation of the will may be evaluated. |
| If an heir uses the estate property alone | Remuneration and sharing requests may come to the fore. |
Dissolution of Partnership Case
The lawsuit for dissolution of partnership is a lawsuit filed to end the joint ownership relationship on the inherited property. In practice, it is also known as the izale-i suyu case. If the heirs cannot agree on the sharing of the real estate, one of the heirs may request the termination of the partnership by filing this lawsuit.
The court first evaluates whether the real estate can be divided as is. If it is not possible to divide the real estate or if the division will cause a serious loss in the value of the real estate, it may be decided to eliminate the partnership through sale. The price obtained as a result of the sale is distributed to the heirs in proportion to their shares.
Although litigation to dissolve the partnership is an effective way for heirs who cannot agree on the sharing of inheritance, it may not always be the most advantageous solution. Selling the real estate through auction may not meet the expectations of the parties. Therefore, before filing a lawsuit, alternatives such as an agreement, sharing agreement, share transfer or payment plan between heirs should be evaluated.
Muris Muvazaa and Inheritance Sharing
One of the most common disputes in inheritance sharing is the collusion of the deceased. Muris collusion occurs when the testator presents a property that he actually wants to donate as a sale in the title deed, in order to smuggle property from the heirs. Especially if a real estate is transferred to one of the heirs or a third party for a low price, other heirs may think that their rights are damaged.
In the claim of Muris collusion, title deed registration, sales price, real value of the real estate, payment ability of the transferee, economic situation of the decedent, family relations and witness statements are important. In such a case, inheritance sharing should be evaluated not only according to current land records, but also according to the legal nature of past transactions.
Hidden Share and Tenkis Case
The testator can dispose of the assets; However, it cannot violate the reserved shares of some heirs. Reserved share is the minimum inheritance right that the law protects in favor of certain heirs. The heir, whose reserved share has been violated, may request the protection of his inheritance right by filing a lawsuit for reduction, if the conditions are met.
Tenkis cases come to the fore especially due to wills, donations or unrequited gains made by the testator while he was alive. In this case, the value of the estate, the gains made by the testator, the reserved share rates of the heirs and the disposable portion are calculated. Since Tenkis calculation is a technical process, it is important to get legal support in the field of inheritance law.
Does Denial Affect Inheritance Sharing?
Rejected inheritance is the legal remedy that the heir can apply if he does not want to accept the inheritance. Inheritance is not just about goods; Debts are also included in the inheritance. For this reason, if there is an indebted estate, the heirs may consider the right to reject the inheritance. The share of the heir who rejected the inheritance may be transferred to other heirs or to his descendants, depending on the legal situation.
A person who is considering rejecting an inheritance should get legal support before taking action on inherited property. Because some behaviors that may mean disposition of the estate can be considered as acceptance of the inheritance. Refusal of this situation may put the right to inheritance at risk.
Why is Lawyer Support Important in Inheritance Sharing?
Sharing inheritance is a sensitive process in which family relations and property rights are intertwined. Heirs can often postpone the legal process, thinking that an agreement will be reached within the family. However, as time passes, evidence may be lost, immovable properties may change in value, trust issues may increase among heirs, and risks may arise in terms of litigation times.
Lawyer support ensures that heirs learn their rights correctly, inheritance shares are calculated without errors, the scope of the estate is determined, title deed and tax transactions are carried out correctly, and the most appropriate legal method is chosen if a lawsuit is necessary. Obtaining professional legal assistance, especially on technical issues such as heir collusion, criticism, cancellation of the will, elimination of partnership and rejection of inheritance, helps prevent loss of rights.
Lawyer Mehmet Kurşun provides legal support on issues such as obtaining an inheritance certificate during the inheritance sharing process, determination of inheritance, title deed transfer, inheritance sharing agreement, dissolution of partnership, collusion of the deceased, reduction cases and denial of inheritance.
Frequently Asked Questions About Inheritance Sharing
Do all heirs need to agree to share the inheritance?
In order for the inheritance to be shared by agreement, the heirs must agree on the sharing. If an agreement cannot be reached, litigation may be resorted to.
How to share the inherited house?
The inherited house is first transferred to the title deed in the name of the heirs. Later, if the heirs agree, the house can be transferred to an heir, sold or a sharing agreement can be made. If there is no agreement, a lawsuit can be filed to dissolve the partnership.
How to share inheritance between siblings?
If there is no surviving spouse, the children share the inheritance equally. If there is a surviving spouse, the remaining share after the spouse's share of the inheritance is divided equally among the children.
What happens if an heir does not want to sell the inherited house?
If the heirs cannot agree on the sale, the entire property cannot be sold individually. In this case, a lawsuit can be filed to dissolve the partnership and a sale or division in kind may be requested.
Is an inheritance sharing agreement mandatory?
If the heirs want to share by agreement, it is important to prepare a written and legal inheritance sharing agreement. Official transactions should be evaluated separately, especially in shares involving real estate.
Does the collusion of the deceased affect the sharing of inheritance?
Yes. If there are transfers made by the testator for the purpose of stealing property from the heirs, these transactions may be subject to litigation and the division of inheritance may be re-evaluated accordingly.
What can the heir whose reserved share has been violated do?
The heir whose reserved share has been violated may request protection of his reserved share by filing a lawsuit for reduction, if the conditions are met.
Is it mandatory to hire a lawyer when sharing an inheritance?
Hiring a lawyer is not mandatory. However, it is beneficial to get lawyer support for accurate calculation of inheritance shares, title deed transactions, litigation periods and prevention of possible loss of rights.
Legal Support for Inheritance Sharing
Taking the right steps in the inheritance sharing process is important in terms of preventing possible disputes between heirs and protecting the right to inheritance. The scope of the estate, legal inheritance shares, reserved shares, will, title deed transfer, rejected inheritance and litigation possibilities should be evaluated together.
You can get legal support from lawyer Mehmet Kurşun in the processes of sharing inheritance, certificate of inheritance, sharing of inherited immovable properties, collusion of the deceased, criticism case, rejection of inheritance, cancellation of the will and dissolution of partnership. It is important to seek professional help to manage the inheritance process correctly, prevent loss of rights and resolve disputes effectively.
