Legal Consultation

Advice on the distribution of inherited property after the death of a spouse.

The lawyer explained to the client that all property that remained in the inheritance after the death of the client’s spouse should be distributed as follows between all heirs: ½ the marital share of all movable and immovable property is assumed by our client as the deceased spouse and the remaining ½ share in the property that belonged to solely deceased spouse and ¼ the share in the common share ownership of the shared apartment with the deceased spouse of our client is distributed among all the heirs, i.e. between our client, their joint child and the son of the spouse from the first marriage.

The client addressed the lawyer regarding the choosing and purchasing an apartment on the secondary market, worth 8 million rubles. Upon such address, the client has already paid 30 thousand rubles to the seller in advance. The total amount of property losses is 30 thousand rubles.

Our lawyer performed a full legal examination of the documentation provided by the seller and the documents requested from the MFC (Multifunctioning Center). During the verification of the documents, it turned out that as a result of privatization in 2008, the rights of one of the apartment owners were infringed. The seller did not provide a notarial refusal, which let to refusal to buy this apartment. The client has been protected from buying an apartment based on the facts that through judicial procedures the sales and purchase agreement may be deemed invalid or the rights to use, manage and own the apartments be restricted. The total amount of the losses might have reached 8 million rubles.

Apart from that, our lawyer prepared a claim in the name of the seller for the return of the advance payment under the terms of the preliminary agreement, on the basis of which the seller undertakes to return the advance payment if grounds that may restrict the ownership of the apartment are found. The seller returned the advance payment in the amount of 30 thousand rubles.

• 30 thousand rubles;
• Avoiding possible financial losses in the amount of 8 million rubles.