Any person may face with some problems concerning the heritage. To get acquainted with some peculiarities of heritage problems we met with the advocate Aghavni Madoyan.
-Who has the right to become an heir?
-First of all, the children, spouse and parents of the inheritor are entitled to inherit. The grandchildren of the inheritor inherit by the right of representation. Secondly, the inheritor’s relatives, the sisters and brothers having the same mother or the same father are also considered to be heirs. The children of the inheritor’s brothers or sisters become heirs only by the right of representation. Thirdly, the inheritor’s grandparents from both sides can also become heirs. Finally, the parents’ sisters and brothers (aunts and uncles) are considered to be heirs. As for their children, they become heirs by the right of representation.
-Can a person become an heir, if there is no kinship between him/her and the inheritor?
-Yes, it is possible only according to the will, but not according to the law. Anyway, according to the law, all the disabled people, who before the inheritor’s death, over a month have been in the inheritor’s custody, are considered to be heirs.
-Is there any time limitation for accepting the heritage? That is to say, if the heir is abroad, does he/she have any right to receive the heritage after some years?
-For getting the heritage, the heir, at first, should accept it. It can be accepted within six months, after the opening of the heritage. If within six months the heritage is not accepted by the heir, it is considered to be rejected.
-In that case who owns the property?
-If according to the will and according to the law, if there are no heirs, or they have rejected it, or have been isolated from the heritage, the heritage is recognized as heirless. The heirless property becomes the property of the District where the latter was opened.
-And what about the acceptance procedure?
-There are two methods of acceptance. First, the application about accepting the heritage is accepted or about receiving the inheritance law certificate which is given to the notary office where the will was opened. And the second adoption by virtue of the fact of possession of legacy. That is to say, the heritage is considered to be accepted by the heir, only when he/she starts factually possessing or ruling the heritage property.
