Lite between heirs: when to contact a property division lawyer? In this article we have decided to deal with "inheritance and succession" under the particular profile of the division of real estate received in inheritance.
Indeed, there are many clients who contact the law firm and in particular the real estate department to seek a solution in disputes between relatives arising from the death of a parent or grandparent.
The main problem occurs when the deceased has not made a will, either by writing it in private, that is, the so-called holographic will, or by the notary, that is, the so-called public or secret will.
And this is because if the testator has left a will, he may have already divided the property he leaves behind, especially real estate.
In this regard, it is good to remember that the law provides that the testator may divide his property among the heirs by including in the division also the part that is not available, and if the division made by the testator does not include all the property left at the time of death the property not included in it shall be attributed in accordance with the law, unless it appears that the testator had a different will.
When you don't need a property division lawyer
There are many situations in which there is no need to contact the estate attorney because the deceased left his property by dividing it among his heirs. It is as if the testator divided him all or part of the hereditary property into portions corresponding to the relevant shares, so that according to case law a direct attribution to the coheirs of the property is established from the moment of the opening of the succession, without even giving rise to a community of inheritance in the strict sense. Thus, there is theoretically no period of time when siblings are co-owners of the same property.
These are certainly the easiest situations, as no real litigation is possible unless there is a need or desire on the part of some heirs to contest the will.
To do so, however, a ground of invalidity is required. For example in the case of a holographic will some formal aspects involving its drafting. But already challenging a will made by a notary is practically impossible also because the notary is called upon to attest to the deceased's capacity to make a will at the time he proceeds with the manifestation of his will.
Property division lawyer: worst cases
Let us say that the most problematic cases are certainly not those in which the division was made by the deceased.
The worst cases are those in which no will has been drawn up and thus the heirs find themselves co-owners of assets, of checking accounts, of deposit accounts, of cars, of a whole series of situations in which disputes and quarrels can be triggered, both with regard to the formation of shares and simply with regard to the intention as to what to do with them.
One heir might even try to keep the communion unaltered to ensure that in time the consistent other will give up his share so as not to face undue stress. In some cases then the co-heir is led to have to liquidate his or her share precisely because perhaps he or she does not have liquidity or money needed to meet personal and inheritance expenses.
Also because we have to remember that in any case in the inheritance sphere the concept applies that the debts of the deceased pass to the heirs anyway, at least as a general rule. Therefore, it is not difficult for a person called to the inheritance to be faced with debts upon the death of the parent.
In this case, it is obvious that turning to the estate lawyer is the most useful solution, also because the lawyer knows how to advise on techniques to prevent the heir from taking on the debts of the deceased, since he or she is familiar with the law of succession.
Given the complex subject matter, it is therefore necessary that at the time of the death of a relative and the opening of a succession, the persons concerned should still turn to the Property division lawyer who can provide a program of conduct to deal with such a complicated situation and resolve it as quickly as possible.