President of the Notary Chamber of Sevastopol Maxim Yurchenko: sale by proxy, inheritance by will and by law

CrimeaPRESS reports:

President of the Notary Chamber of the city of Sevastopol Maxim Yurchenko answered the questions of the listeners of the program «Legal Environment» on radio «KP-Sevastopol».

THE NOTARIAL CHAMBER OF SEVASTOPOL HAS A NEW HEAD

— On May 19, you were elected President of the Notary Chamber. What are your goals for this position?

— Over the past year, I served as Vice President of the Notary Chamber, so I am familiar with the main work processes. The Notary Chamber protects the interests of notaries, provides them with assistance and assistance. Through the efforts of the first president, Olga Kalenkovich, an effectively functioning body has been created, so my main task as a leader is to maintain the achieved high level.

WILL OR INHERITANCE BY LAW: WHAT IS A PRIORITY

— They say that a will is less important than the right to inherit by law for the heirs of the first stage. This is true?

— No. A will in determining the circle of heirs is of priority importance, since it expresses the will of the owner of the property: he has the right to dispose of his property, regardless of the presence of family relations. Heirs by law predominantly
are relatives and spouses of the deceased. They are called to inherit if there is no will or the heirs under the will did not accept the inheritance on time, refused or were deprived of the right to inherit. Therefore, in the Russian Federation and most countries of the world, it is the will that has the highest priority.

— A pensioner wants to bequeath property to an adult grandson, and not to his children? Will the will still be valid in this case? Can children claim bequeathed property?

— Let’s say there is a grandfather, a son and a grandson. If the grandfather passes away, then by law the grandson is not called to inherit if his father is still alive. But if the grandfather wants all or part of his property to pass to his grandson, a will must be drawn up.

But if at the time of the death of the testator he has minor or disabled children, parents or spouse, then these persons are entitled to a mandatory share in the inheritance — half of the share that the heir would receive by law. Disabled — including pensioners: women over 55 years old and men over 60 years old or disabled of any group.

For example, the son is over 60 years old, the grandfather passed away and bequeathed everything to his grandson. If there was no will, all the property would have gone to the son. But the will of the owner is expressed in the will and the order of inheritance changes. The son will get half of the property, the remaining half — to the grandson.

You need to understand that this is the right of the son to the inheritance, and not an obligation. The heir may refuse the inheritance, he may not accept it, nothing will be forcibly transferred to him.

CONSENT TO REGISTRATION FROM THE OWNER CAN NOT BE CERTIFIED

— How to register a relative without the right to housing? Do I need any document from a notary?

— There is no registration institute for a long time, there is registration at the place of residence and at the place of stay. Registration is carried out at the migration department of the Ministry of Internal Affairs. To register in a dwelling, the consent of its owner is required. He can express it personally, appearing at the department of the Ministry of Internal Affairs, or contact a notary and notarize the consent. This document will need to be presented when registering with the Ministry of Internal Affairs.

And now registration at the place of residence/stay is available online through the State Services portal. The owner gives consent by confirming the application of the registered person.

Registration and the emergence of rights to housing are different concepts. The legal basis for residence is negotiated by the registrant and the owner. It could be, for example, a contract of employment. In this case, the tenant has the right to use the premises, but the ownership does not transfer to him.

— My husband is registered in the apartment of his parents. He also wants to register his daughter there. Do I need to obtain consent for registration from the second parent and do I need to notarize it?

— In this situation, it is better to consult directly with the Ministry of Internal Affairs. Because in each specific situation the list of required documents is different, there may be nuances depending on the practice of the region.

As for the consent of the second parent, he either comes personally to the department of the Ministry of Internal Affairs and draws up a document there without a visit to a notary, or the consent is drawn up in a notarial order and handed over to the father so that he can register the child.

TRANSACTIONS WITH SHARE SHARE ONLY NOTARIOUS

— The house is divided into 4 shares, I enter into the inheritance for 1 share. The land under the house has not been registered in ownership, but there is a certificate of transfer for perpetual use. What to do to enter into an inheritance on the land and issue it to yourself? Is everyone’s consent required?
owners?

— People often do not understand the legal nuances of the existence of a common shared ownership of a property, in this
case for a residential building. The right to a share in common shared ownership does not give ownership of any separate premises
inside the object. The share allows you to own and use the house, but dispose only of a share in the property right, and not parts of the premises. Owners can draw up an agreement on how to use the house. Likewise land. It is issued under the entire house, and not under its individual shares. Therefore, all owners need to apply to the authorized bodies and register the land in common shared ownership, like the residential building itself.

— Shared property is re-registered only through a notary or can you contact the MFC?

— According to the current legislation, a mandatory notarial form is provided exclusively for alienation agreements
shares in the right of common shared ownership. Let’s take the previous situation: there is a house with 4 owners. If one of them decides to sell, donate, exchange his share, such a transaction will require mandatory notarization. But if all co-owners sell the whole house, i.e. not shares are sold, but the whole object, then such a transaction can be made in a simple written form.
When purchasing real estate, I recommend contacting notaries. Only a notary can conduct a high-quality legal examination of documents and eliminate the nuances that in the future will make it possible to recognize the transaction as invalid. At the same time, the transaction itself will be comfortable and safe. Bonus — accelerated registration of ownership. In addition, the notary’s liability is insured at three levels, and in case of a lack of insurance compensation, the notary bears full personal financial responsibility for all notarial actions performed.

YOU CAN SELL THROUGH A REPRESENTATIVE. BUT BE CAREFUL

— In Sevastopol, announcements appeared on poles in which citizens are offered to issue an inheritance, divorce, receive various documents on the territory of Ukraine without leaving. Can these advertisements be trusted?

— Many Sevastopol residents were born, studied, married in Ukraine (within its current borders). Dokum ents are lost, spoiled, there is a need to obtain duplicates, certificates, extracts from registers. You may need to end your marriage. By proxy, some of these actions can be performed. To do this, a Russian citizen issues a power of attorney to a third party to represent his interests.
in another state, including Ukraine. And the representative can receive certificates, certificates, conduct cases in courts, including
issues of dissolution of marriage, i.e. exercise the powers entrusted to him.

But the question is how conscientiously this representative will work if you find him by an ad on a pole. It must be borne in mind that it will be almost impossible to control him, influence his actions or compensate for potential damage. In addition, you provide this person with your personal data,
he can get your documents. How he will use them is also a question.

If you still decide to act through a representative, be vigilant. A power of attorney comes from the word «trust». If you trust a person to a relative, then arrange for a friend. If you do not know the person, then you risk losing money, documents, and property.

source: Komsomolskaya Pravda newspaper No. 41 (27489) 2023 (authors: Irina ZHIBOEDOVA, Alena MOTROI)

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