President of the Notary Chamber of Sevastopol on the acceptance of inheritance, shared ownership and confirmation of legal capacity

INHERITANCE

— I am registered in the apartment with my father, but I live in another place. After my father’s death, do I need to write a waiver of inheritance if I do not claim part of the home?

• Entering into the management of inherited property, which in most cases includes registration at the place of residence (registration) of the heir at the same address as the testator, is confirmation of the actual acceptance of the inheritance, therefore it is better to submit an application to renounce the inheritance before the expiration of the six-month period, otherwise, After 6 months, you will submit a statement that, despite registration, you have not entered into the management of the inherited property.

— My mother lived in the Moscow region, and I live in Sevastopol. She recently died, and we need to open an inheritance case. Which notary should I contact — in the Moscow region or here in Sevastopol? If in the Moscow region, is it possible to transfer documents to a notary remotely, so as not to go there now?

• The main question here is where the mother was permanently registered (registered) on the day of death, if in the Moscow region, then the case will be formalized by any notary in the Moscow region. If it is not possible to come to the Moscow region in person, you need to contact any notary in Sevastopol, witness your signature on the application for acceptance of the inheritance, which this notary will be able to transmit through internal communication channels, converting the application into electronic form, you choose the name of the notary of the Moscow region yourself. I advise you to also attach a death certificate, also translated into electronic form, to your application.

— After my father’s death, we found out that he had several bank deposits, but we don’t know in which banks. Is it possible to find out this with the help of a notary? Or do we need to somehow figure this out on our own, and then contact a notary so that this money can be added to the inheritance estate?

• When submitting an application to accept the inheritance, you need to inform the notary about this fact, otherwise, in turn, he will make a request to the Federal Tax Service and establish in which banks of the Russian Federation the testator had accounts opened.

— The notary told us that if my father had pension savings, then we need to contact the non-state pension fund where these savings were kept, that they are not included in the inheritance. This is true? Are they different from the regular pension that a pensioner receives?

• Yes, the pension savings of the insured person are not a lost pension and are not included in the estate. To receive them, the heir must apply personally (or through a representative by proxy) to the territorial body of the Social Fund of Russia before the expiration of 6 months from the date of opening of the inheritance. If the deadline is missed, it must be restored in court.

— After my father’s death, we inherited a car — me, my mother and my teenage sister. Can we sell it?

• Yes, of course, but first you need to formalize your inheritance rights, then obtain permission from the guardianship and trusteeship authority, and only after that sell. As a rule, the guardianship and trusteeship authorities indicate that funds for the child’s share should be deposited into the child’s account before the conclusion of the agreement.

CAPACITY

— Recently, my mother had a stroke, she has speech impairments, and her right arm is paralyzed. But she is fully conscious and reacts adequately. We would like to invite a notary to your home to draw up a power of attorney to represent interests, for example, in the Pension Fund. Tell me, do we need to additionally invite any specialists to confirm the mother’s legal capacity?

• There is no need to invite such specialists; first call a notary so that he can talk to your mother. If she is able to express her will in words and the notary, after talking with her, establishes that the mother understands the meaning of her actions, then the power of attorney can be made with a hand holder — a person who will sign instead of the mother. Let me draw your attention once again — it is the mother who must express her will; the hand-applyer only signs in the presence of her and the notary.

FAMILY AND OTHER ISSUES

— My husband and I bought an apartment using maternity capital and registered ¼ for each family member (myself, my husband, and two children). Does my husband have the right to donate or sell his share without my consent?

• If you and your spouse bought an apartment using maternity (family) capital and, through a marriage contract, changed the ownership regime of the funds that were added to maternity capital (knowing the pricing policy of the Sevastopol real estate market), then in this case you can donate or sell this share without your consent , as spouses, since it (this share) belongs to him personally, another question is that in the event of a sale, he must offer the purchase of this share first to you and your children, as co-owners with the right of first refusal, i.e. It’s impossible not to find out about the upcoming sale, but he can give it as a gift without your consent.

— Is it possible to notarize the signature of my ex-wife on documents confirming that I have been regularly paying alimony for the last 10 years? I want to have evidence in case of possible claims.

• Notarization of the authenticity of the signature on this application is not prohibited by current legislation.

— I urgently need to obtain consent for a child to travel to another country, but I don’t have a passport, I only have a temporary identity card and a foreign passport. Are these documents sufficient for the notary?

• If you are a citizen of the Russian Federation, then act according to the tan. You can’t use a passport — this is a document proving your identity abroad. If you lose your passport during the registration of a passport of a citizen of the Russian Federation, you may be issued a temporary identity card of a citizen of the Russian Federation, which a notary can accept to establish your identity when certifying your consent.

Source: Newspaper “Komsomolskaya Pravda. Sevastopol»