The search for an Istanbul inheritance lawyer often arises from the need for people who have lost a relative to take the right steps in legal matters such as inheritance sharing, title deed transfer, inheritance certificate, testator collusion, will, retaliation case, rejection of inheritance or elimination of partnership. Inheritance law is a sensitive area where family relations and property rights are intertwined. For this reason, during the inheritance process, not only who will receive how much share, but also how the inheritance will be shared, who will pay the debts, whether reserved shares are protected, and whether past transfers are legal or not, should also be carefully evaluated.
What issues does an Istanbul Inheritance Lawyer provide services on?
The inheritance lawyer provides legal support in resolving legal disputes that arise after the death of the testator, sharing among the heirs, filing a lawsuit, litigation, mediation meetings and preparation of inheritance-related documents. Inheritance disputes may become more complicated in cities such as Istanbul, where the population is dense, real estate values are high and family structures are diverse.
Even just determining the assets included in the estate in an inheritance file may require significant legal review. Immovable properties registered in the land registry, bank accounts, vehicles, company shares, rental income, receivables, debts, loans, tax liabilities and transfers made by the decedent during his lifetime should be evaluated together. For this reason, the support of an Istanbul inheritance lawyer is important to avoid loss of rights from the beginning of the process.
Lawyer Mehmet Kurşun provides legal support in the field of inheritance law in Istanbul on issues such as certificate of inheritance, sharing of inheritance, collusion of the deceased, criticism case, cancellation of the will, rejection of inheritance and elimination of partnership.
What is Inheritance Law?
Inheritance law is the branch of law that regulates to whom, in what proportions and under what legal conditions the assets will pass upon the death of a person. Upon the death of the testator, the assets called inheritance pass to the heirs. The estate does not consist only of goods; The debts of the testator are also included in the estate. For this reason, heirs should carefully examine the active and passive status of the estate before accepting the inheritance or taking action on the inheritance.
Since inheritance law disputes usually arise between family members, the process can also be emotionally draining. Issues such as sharing dispute between siblings, inheritance share dispute between the surviving spouse and children, real estate transfer made by the testator during his lifetime, validity of the will or inheritance being in debt require professional legal evaluation.
The Most Common Inheritance Cases in Istanbul
In Istanbul, inheritance cases mostly come to the agenda regarding immovable properties, family companies, inheritance sharing and transfers made by the testator during his lifetime. Especially high-value residences, lands, workplaces and shared real estate may cause disputes between heirs. If one of the heirs uses the real estate, the other wants it to be sold, or if an agreement cannot be reached on sharing, litigation may be necessary.
| Case or Transaction | Explanation |
|---|---|
| Obtaining an inheritance certificate | It is the process of obtaining a document showing who the heirs are and their inheritance shares. |
| inheritance sharing | It is the process of dividing the assets included in the estate among the heirs. |
| Muris collusion case | It is a lawsuit filed against apparent sales or transfer transactions made for the purpose of stealing property from the heirs. |
| Tenkis case | It is a lawsuit filed by the heirs whose reserved shares have been violated to protect their rights. |
| Cancellation of the will | Cancellation of the will may be requested on the grounds of form, capacity, willpower defect or illegality. |
| denial of inheritance | It comes to the agenda if the inheritance is in debt or the heir does not want to accept the inheritance. |
| Dissolution of partnership | In case of inherited immovable properties, it may be requested to terminate the partnership by sale or division in kind. |
What is an Inheritance Certificate?
The certificate of inheritance is also known as the certificate of inheritance in practice. This document shows who the heirs of the testator are and their share of the inheritance. A certificate of inheritance is needed for title deed transactions, bank transactions, vehicle transfer, filing of lawsuits and many inheritance-related transactions.
The inheritance certificate can be obtained from the notary or the civil court of peace. However, in some cases, court proceedings may be required due to the complexity of the inheritance situation, the presence of a foreign element, paternity problems or special circumstances such as a will. Receiving the document alone does not mean that the inheritance sharing is completed. The inheritance certificate shows the shares of the heirs; However, the actual distribution of the goods included in the estate must be done separately.
How to Share Inheritance?
Sharing of inheritance can be done by reaching an agreement between the heirs, or if an agreement cannot be reached, it can also be done through litigation. If the heirs agree on how the assets included in the estate will be shared, an inheritance sharing agreement can be prepared. Title deed transactions for real estate, registration procedures for vehicles, and relevant institution transactions for bank accounts must be carried out.
If no agreement is reached, the inheritance partnership continues. In a partnership of inheritance, the heirs jointly own the estate. For this reason, one of the heirs alone cannot freely dispose of the entire immovable property included in the estate. If there is a dispute regarding sharing, a lawsuit for the dissolution of partnership, a lawsuit for sharing inheritance, or other related legal remedies may come to the fore.
In inheritance sharing in Istanbul, the value of real estate, its location, rental income and number of shareholders can directly affect the process. Particularly, shared or joint ownership among more than one heir may lead to serious disputes regarding the sale or exact sharing of real estate.
Muris Collusion Case
Muris collusion occurs when the testator presents a property that he actually wants to donate as a sale or other transaction in the title deed, in order to steal property from some of his heirs. Such transactions are especially common in real estate transfer. The testator may have transferred the immovable property to a child, spouse or third party. Even though a sale has apparently been made, if the real purpose is donation and this transaction aims to harm the rights of the heirs, a lawsuit for collusion may be filed.
Proof is of great importance in Muris collusion cases. The difference between the sales price in the title deed and the real value, the economic situation of the testator, the payment ability of the transferee, family relations, the relationship of the testator with other heirs, witness statements and the conditions at the date of the transaction are evaluated together. For this reason, people who allege muris collusion must prepare their evidence correctly.
Murder collusion cases may come to the fore frequently due to high value immovable properties in Istanbul. Issues such as the transfer of an immovable property well below its real value, the testator not needing the sales price, or the transferee not having the ability to pay should be examined on a case-by-case basis.
Tenkis Case and Reserved Share Right
Tenkis case is an important inheritance case that can be applied by heirs whose reserved share has been violated. Reserved share is the minimum inheritance right that the law protects in favor of some heirs. The testator can dispose of the assets; However, it cannot harm the rights of heirs with reserved shares beyond certain limits. If the reserved share has been violated, the heir may request that the violation be remedied by filing a retaliation lawsuit.
Tenkis cases usually arise due to a will, an inheritance contract, or unrequited gains made by the testator while he was alive. In this case, first of all, the scope of the estate is determined, the gains made by the testator are examined, the hidden share rates are calculated and whether there is a violation is evaluated.
Tenkis account is a technical process. The value of the real estate, the date of the donations, the assets and liabilities of the estate, the reserved share rates and the relationship between the heirs should be evaluated together. For this reason, it is important to get legal support in the field of inheritance law before filing a lawsuit.
Will and Will Cancellation
A will is one of the types of death-related savings in which a person reveals his will regarding how his assets will be distributed after his death. However, not every will may be valid. Failure to prepare the will in accordance with the formal requirements, the person making the will not having the capacity to act, injury to the will, deception, intimidation or unlawful arrangements may be subject to an action for annulment of the will.
In cases of cancellation of the will, the deadlines, opening the will, notifying the relevant parties and protecting the rights of the heirs are important. Even if the will is valid, if it violates the reserved shares, a lawsuit for criticism may also come to the fore. For this reason, heirs who encounter a will must evaluate the validity of the document and their own inheritance rights together.
What is Denial Inheritance?
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 asset values; The debts of the testator are also included in the estate. For this reason, if there is an indebted estate, the heirs may consider the rejection of inheritance.
The period for rejection of inheritance is, as a rule, three months. Failure to make the necessary application within this period may result in the inheritance being deemed accepted. Additionally, if the heirs take action on the estate, engage in behavior that could mean acceptance of the inheritance, or miss the deadline, this may result in loss of rights. For this reason, one must act quickly and carefully during the rejection of inheritance process.
If the decedent's debts exceed his assets, there are bank debts, credit card debts, tax debts or enforcement files, the heirs should investigate the status of the estate without delay. Lawyer Mehmet Kurşun provides legal support in Istanbul regarding the rejected inheritance process and the evaluation of whether the inheritance is in debt.
Dissolution of Partnership Case
If the inherited real estate cannot be shared among the heirs, a lawsuit can be filed to dissolve the partnership. This lawsuit aims to end the joint ownership relationship on the inherited real estate. Depending on the circumstances, the court may decide to dissolve the partnership by division or sale.
In Istanbul, partnership dissolution cases are especially important for housing, land, workplaces and valuable real estate. While one of the heirs wants the real estate to be sold, the other may want to continue using it. While some heirs want to buy the real estate for a low price, others may request a sale at market value. In such disputes, the value of the real estate, share rates and the sales process must be followed accurately.
What to Consider When Choosing an Istanbul Inheritance Lawyer?
Inheritance law cases often have long-term consequences. Incorrectly filed lawsuit, missed time, missing evidence or incorrect sharing agreement may cause serious loss of rights. For this reason, when choosing an inheritance lawyer, it is important to examine the file in detail, evaluate the relationship between the heirs, determine the scope of the inheritance and choose the correct legal method to be applied.
- The goods and debts included in the estate must be determined correctly.
- The inheritance certificate and inheritance shares should be examined carefully.
- Title deed transfers, donations and suspicious transactions should be investigated.
- Time-bound rights such as rejection of inheritance, criticism and cancellation of the will should not be missed.
- Tax, title deed and lawsuit risks should be evaluated before sharing the inheritance.
- If an agreement is possible, a legal inheritance sharing agreement should be prepared.
- If agreement is not possible, the litigation strategy must be determined correctly.
Why are deadlines important in inheritance cases?
In inheritance cases, some rights are subject to a time limit. Missing the deadlines in terms of rejected inheritance, annulment of the will, criticism lawsuit and some inheritance-related claims may result in loss of rights. For this reason, a legal evaluation should be made quickly rather than waiting after the death of the testator.
Heirs can often postpone the process, thinking that an agreement will be reached within the family. However, as time passes, evidence may be lost, real estate may change hands, bank records may become difficult to access, or there may be a risk in terms of litigation times. For this reason, getting legal support before the inheritance dispute escalates may yield better results.
Legal Support in the Inheritance Law Process in Istanbul
Inheritance law disputes in Istanbul must be managed meticulously due to the density of real estate, family companies, estate structure with multiple heirs and high asset values. If an agreement can be reached between the heirs, a legal sharing plan can be made. If an agreement cannot be reached, it is possible to protect the inheritance right through litigation.
Lawyer Mehmet Kurşun provides legal support to people who are looking for an Istanbul inheritance lawyer on the issues of inheritance certificate, inheritance sharing, muris collusion, criticism case, cancellation of the will, denial of inheritance, elimination of partnership and determination of estate. You can get professional legal help to avoid loss of rights during the inheritance process, to determine the right course of action and to protect your share of inheritance.
Frequently Asked Questions About Istanbul Inheritance Lawyer
What cases does an inheritance lawyer handle?
Inheritance lawyer; It provides legal support on inheritance law issues such as inheritance sharing, inheritance certificate, heir collusion, criticism, cancellation of the will, rejection of inheritance, determination of estate and elimination of partnership.
Where to file an inheritance case in Istanbul?
In inheritance cases, the competent court is determined according to the type of case and the last place of residence of the testator. The place of residence of the testator is important in cases such as sharing of inheritance, criticism and compensation due to inheritance.
Is obtaining an inheritance certificate sufficient for inheritance sharing?
No. The inheritance certificate shows the heirs and their inheritance shares. However, it is also necessary to actually share the goods included in the estate and carry out title deed and bank transactions.
Who can file a Muris collusion case?
Heirs whose inheritance rights have been damaged may file a lawsuit against the deceased's apparent sale or transfer for the purpose of evasion of property.
How long is the denial of inheritance period?
The period for rejection of inheritance is, as a rule, three months. This period begins upon learning of the death or official notification for designated heirs, depending on the status of the heir.
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.
What can be done if the inherited real estate cannot be sold?
If the heirs cannot agree on the sharing or sale of the real estate, a lawsuit can be filed to dissolve the partnership and a request can be made to terminate the partnership.
Is it mandatory to hire a lawyer in an inheritance case?
It is not mandatory to hire a lawyer in inheritance cases. However, since deadlines, evidence, land records, sharing accounts and case types require technical evaluation, getting legal support helps prevent loss of rights.
Get Support from Mehmet Kurşun for Istanbul Inheritance Lawyer
The inheritance law process is not just about calculating inheritance shares. Determination of the estate, determination of debts, title deed transactions, litigation periods, reserved shares, will, rejection of inheritance and disputes between heirs should be evaluated together. Every step taken in this process is important in terms of protecting the right to inheritance.
Getting support from an Istanbul inheritance lawyer can help manage the inheritance process correctly and prevent possible loss of rights. You can get legal support from lawyer Mehmet Kurşun regarding inheritance sharing, heir collusion, criticism case, rejection of inheritance, will and dissolution of partnership.
