Unknown to many, the inheritance process involves too much paperwork, even for legitimate children or dependents. Following this process after losing a loved one can be overwhelming. However, the only way to succeed is to be prepared and ensure all the basics are covered. The most effective way to prepare is to learn about inheritance law and how it is determined, as discussed in this article.
Inheritance Law
The first thing the law will use to determine the legal ownership of any property or business after death is checking the will. A will is a legal document that states how a person’s estate should be divided among their heirs when they are gone. A will gives the property owner control over their estate and helps prevent disputes that might happen due to wrongful allocation of the properties left behind.
Many people assume that for a will to be credible, it needs to be signed by a notary and that there should be at least three credible witnesses of legal age. Although this is important, it is not always required. Some wills can be handwritten without a lawyer’s presence. But for them to be valid, there needs to be proof that it is from the testator. This can be challenging to prove. Therefore, those in such a scenario should learn from the legal advisors over at Grossman Law and hire their services to protect their inheritance. This will help the rightful beneficiaries get what they deserve.
Identifying The Heir
If there is no will, the court will take over the matter. The first thing the court will do is identify the heirs and all the assets. These people are usually closest to the deceased, like their spouse, children, siblings, and parents. However, if a close relative feels they should be included in the sharing of the estate, they need to give reasons that the court should find reasonable to include them. In many cases, the order of hereditary provides the spouse with half of the estate, and the other half is divided into two. One quarter will be divided among the children and the other among those who have proven that they should be included in the will. However, the court might make a determination based on the unique circumstances of every case.
Handling Disputes
In inheritance cases, there might be disputes among the beneficiaries. This happens when someone or a group of people either contest the will’s validity, claim undue influence, or do not agree on its interpretation. Other issues that could lead to the will getting contested are suspicions of forgery and the need for rectifications. If this happens, the family can choose to resolve the issue through mediation, where issues are aired out and discussed calmly, or arbitration, where the arbitrator will assess the situation and determine the outcomes of the case.
Unless someone has a comprehensive knowledge of legal principles and their dynamics, they may not know the best way to fight for their inheritance. Note that dependents have a right to inheritance and should fight to ensure they get a fair distribution. However, if a person feels they are not getting a fair share or someone is claiming to take their inheritance away, they should seek the guidance of a lawyer who will fight for them and ensure they get what is rightfully theirs.
