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Turkish Inheritance law

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Old 01-10-2003, 02:58   #1
Konuk

 
Soru İnheritance Law İn Turkey

I am wondering if you can please help me. I am an American married in 2000 to a Turkish man. We live in Turkey and I am also a Turkish citizen now. Stupid me - I assumed when I married that Turkey had inheritance laws like in the U.S. where all assests would be left to the surviving spouse. Today I was looking at a Turkish law website discussing inheritance law and I was shocked to see that if my husband dies, I would only inherit 50% - the other half would go to his family (we aren't planning on having any children). Is this right?!! Can he write a will leaving everything to me? Of course, I was not thinking of ever turning my back on my husband's family and would always help them out financially in the future if they needed help, but 50% seems excessive. The website seemed to say that he couldn't make such a will. My husband has a small travel company and it is enough to give us a simple life here in Turkey where things are relatively cheap, but I am horrified to think of what would happen if he died and I was only to receive 50% of our savings and the apartment - it would not go very far at all in America with its very high cost of living. And since we plan on living here in Turkey a long time, I would have no career to go back to if my husband died and very few marketable skills immediately if I had to go home and it would be a disaster if I was old. Oh, please help me, this seems so unfair and I am scared now. My husband said that we would go to a lawyer and that the lawyer would be able to make a will that would leave me everything or at least a bigger part, but based on what I read in the law website, I think my husband is wrong about that. We will go to a lawyer about this, but my husband will have no time in the near future to do so because of his business and I am so worried in the meantime. What if we put all our money in joint bank accounts and put my name on the property title too? Could our assests still be divided with the family? I don't want to end up old, lonely and on welfare in the U.S.

Thank you so much for your reply. You have a great website and I really appreciate your time.
Old 03-10-2003, 18:08   #2
Av. Bülent Sabri Akpunar

 
Varsayılan

Hi,

First of all those what you've read about the inheritance law of Turkey seems true.However it would be appropriate to make some points clear :

1.Assuming that no children are present, when a spouse dies without leaving behind any other parents but his wife, all of the assets shall be inherited to her. But, as in your occasion, if there exists his family alive then the heritage is to be seperated between the husband's family and you 50/50.

2.İf you desire to get a more part of the heritage, your husband may transfer his assets by a last will before the notary or assign the assets in your name through several transactions.HOWEVER, the Turkish Civil Code has granted the parents with a definite part of the heritage for which the inheritor is legally banned to transfer to another which is called "the reserved portion".
In case of the aforesaid testament or transactions concluded and your husband died , you will be eligible to have all .But if his parents shall sue you claiming their reserved portions (1/4 of the heritage) you might be enforced to compensate.
As a result, at worst, you may get 3/4.This is in any case better than the half and for now you dont know whether they would bring a suit against you.

Att.Bülent Sabri Akpunar
Old 02-12-2003, 12:43   #3
Konuk

 
Soru Last Will And Testament

I have read your posts regarding the Law concerning the death and Estate of the Turkish partner in a marriage, but I have a question concerning the Estate of the foreign partner.

I am a British female with a Company registered in her name (Turkish partner hold 5% of the company as required by Law). However the business partner is also my future husband and we are currently living together. As a result of the business I now own a large apartment block and house, these are registered in the company's name.

My Last Will and Testament drawn up in the UK ensures that my partner, together with named beneficaries in the UK, recieve allocated shares of the Estate.

So the question is: In the event of my death, will the Last Will and Testament have relevance in the Turkish legal system?

I do not want either my partner in Turkey or my family in the UK to encounter legal problems should the above - unlooked for! - event take place.

Kind regards
Old 27-01-2004, 03:21   #4
Konuk

 
Varsayılan İnheritance İn Turkey

Merhaba,
My questions relate to a foreigner (but he is a Turkish resident) who married a Turkish woman in Turkey. If this foreigner died in Turkey, how does the Inheritance proceed? Does the Turkish wife receive 50% of all his assets (acquired before & after their marriage) and his biological children the other 50%? Does an Inheritance testament that he might have done in front of a Notary in his country of origin have any weight, or is it worthless in Turkey?

Thank you very much for your time.
Tecekur ederim.


Permanently perplexed Brea
Old 05-02-2004, 23:11   #5
Konuk

 
Varsayılan

I have a question about Turkish Inheritance Law-
My father owned property in Turkey. He was born in Turkey, had Turkish nationality until the 1950's when he became naturalized in the UK, assuming from then on dual nationality: British and Turkish. At time of death he was domiciled in the UK. By his UK will he left everything to the spouse, who is British. The Turkish property is not mentioned.
My question is whether the will is valid in Turkish Law for disposing of Turkish real estate/land, or whether the children have fixed entrenched rights (such as they have in France, or under Islamic Law) to a share in the property?
I would be very grateful if anyone could answer this question.
Thanking you for your time
Kind regards.
Old 14-06-2006, 15:25   #6
Valerie Bowen

 
Mesaj valerie_774@hotmail.co.uk

Please can you answer my question
I am British woman with British partner.
We will soon be buying a property in Turkey.
My partner and I both have children from previous marriages. I would expect if I should die that my share of the property be passed to my off-spring and my partners share be passed to his off spring. Please can you advise as to how we can make this happen.
Thankyou
Old 23-06-2006, 16:26   #7
Tiocfaidh

 
Varsayılan

Alıntı:
I have read your posts regarding the Law concerning the death and Estate of the Turkish partner in a marriage, but I have a question concerning the Estate of the foreign partner.

I am a British female with a Company registered in her name (Turkish partner hold 5% of the company as required by Law). However the business partner is also my future husband and we are currently living together. As a result of the business I now own a large apartment block and house, these are registered in the company's name.

My Last Will and Testament drawn up in the UK ensures that my partner, together with named beneficaries in the UK, recieve allocated shares of the Estate.

So the question is: In the event of my death, will the Last Will and Testament have relevance in the Turkish legal system?


Hello, i'm a law stutent in the last grade of the faculty yet but i'll try to give a satisfactory answer as well as i can..

It's important where the person passed away to define which country's court is authorised for the process of allocation.


The cases about your personal inheritance will be proceed in Turkish courts if you pass away in Turkiye, otherwise in English courts are authorized if it happens in England.

About the issue which law system will be applied for your inheritance.. The law system of England will be applied for your inheritance even if the case is proceed in Turkish courts.


*A special note, Turkish law system will be applied in the cases about the real properties in your inheritance wherever you pass away(even if in England).

If your last will and testament you mentioned above are about a real property in Turkiye, Turkish law system will be applied for allocating your inheritance-but in relevant with your testament and last will- even if they were drawn up in England(as long as having validity conditions according to English law system.

Alıntı:
I do not want either my partner in Turkey or my family in the UK to encounter legal problems should the above - unlooked for! - event take place.



I think you don't need to worry about it, however your last will and testament will be valid in Turkish courts and your estate will be allocated according to your intention


Alıntı:
Merhaba,

My questions relate to a foreigner (but he is a Turkish resident) who married a Turkish woman in Turkey. If this foreigner died in Turkey, how does the Inheritance proceed? Does the Turkish wife receive 50% of all his assets (acquired before & after their marriage) and his biological children the other 50%?



If the person who is living in Turkiye(but not having a Turkish citizenship) dies in Turkiye, his national law system will be applied in the procession of the inheritance. The ratios in his own national law system and civil code(or inheritance code) will show with what ratio his assets will be allocated between his wife, children or any other relatives, not Turkish law.

*But if there is real property asset he left behind in Turkiye, Turkish law system will be applied at allocating process. So, the wife will recieve 1/4 of the real property, and the children will share the rest part(3/4) equally(if there's not a testament or last will).

Alıntı:
Does an Inheritance testament that he might have done in front of a Notary in his country of origin have any weight, or is it worthless in Turkey?



A testament which was drawn up in his country is also valid in Turkiye. But it must be done with validity conditions of his own country's law system if the person does it in his own country.

Alıntı:
Thank you very much for your time.
Tecekur ederim.


You are very welcome, i hope i could give you an enough answer that satisfied you. If you have something else to ask either with this topic or another, i will try to do everything i can to help you



Alıntı:
I have a question about Turkish Inheritance Law-
My father owned property in Turkey. He was born in Turkey, had Turkish nationality until the 1950's when he became naturalized in the UK, assuming from then on dual nationality: British and Turkish. At time of death he was domiciled in the UK. By his UK will he left everything to the spouse, who is British. The Turkish property is not mentioned.
My question is whether the will is valid in Turkish Law for disposing of Turkish real estate/land, or whether the children have fixed entrenched rights (such as they have in France, or under Islamic Law) to a share in the property?
I would be very grateful if anyone could answer this question.
Thanking you for your time
Kind regards.


The thing i coulnd't understand so well is, did your father have dual citizenship when he died or not? Anyway, i'll try to give you an answer that involves both possibilities..


1)If your father had only English citizenship, English law system will be applied during the process of allocating his inheritance(except the real properties he had in Turkiye[if he had]).


2)If your father had dual citizenship, Turkish law system will be authorized for the process of his inheritance.

There are something else i can say about the first possibility; if your father drew up a testament in England, it will be valid in Turkish law but not for the real properties in Turkiye. As well as i can understand, your father left all his assets to his wife, but this is not possible in Turkish law as long as having someone who has reserved rights on his inheritance(for example his children and other descendents). So, since you are one of the reserved righted inheritors of him, he can't leave all his assets to his wife by a testament according to Turkish law.


Your reserved right is..

1/4 of the total inheritance belongs to his wife

the rest(3/4) belongs to all children of him to share equally. And the 1/2 of each inheritor's allotment is reserved and your father can't leave this to another one by a testament or something else.

Let's say your father had two children, you will equally share the 3/4 of the total inheritance. This makes your allotment 3/8. And the 1/2 of your legal right on your father's inheritance is your reserved right which can't be left by your father to anyone else by a testament. And this makes your reserved allotment 3/16 of his total inheritance, according to Turkish civil code.


**But this can be only proceed for the assets of your father which are real properties in Turkiye. As well as i know, there's nothing such 'reserved right' in the inheritance law of England. So, i'm afraid he can leave all his assets in England to his wife, a according to English law system(but i may be mistaken, i'm not sure about English law).
Old 23-06-2006, 16:46   #8
Tiocfaidh

 
Varsayılan

Alıntı:
Please can you answer my question
I am British woman with British partner.
We will soon be buying a property in Turkey.
My partner and I both have children from previous marriages. I would expect if I should die that my share of the property be passed to my off-spring and my partners share be passed to his off spring. Please can you advise as to how we can make this happen.
Thankyou

If you mutually agreed with your husband to leave each your personal assets to only your off springs, you can sign a contract/agreement that shows the willing of both of you. But this contract has to be done in Notary in formal conditions. Otherwise it won't be valid if you make a simple contract about your inheritances on a white paper.

This is possible with an easy way what you are asking and a notary can help you to do it
Old 09-02-2007, 22:20   #9
Konuk

 
Varsayılan Reserved portion?

Hallo there, I have read this thread with interest, but am still unclear about the "reserved portion" and whether or not making a will can change it.
Our position : Husband Turkish; wife dual UK/Turkish, there are no children.

I am I think correct in saying if my husband should die, I would share his assets 50/50 with his parents?

Where I am unclear is what happens if his parents died, THEN he died - does the law say that I must as his wife share the estate 50/50 with his brothers & sisters?

Or does it say that in that case his brothers and sisters get nothing, but I must share it 75/25 with his grandparents? And if they too are dead, then I keep the whole estate?

In any case, can any of this be changed by his writing a will?
Our house tapu is in joint names, so I presume that nody could touch my own half?
Old 17-02-2007, 23:13   #10
Tiocfaidh

 
Varsayılan

Hello,

Alıntı:
Hallo there, I have read this thread with interest, but am still unclear about the "reserved portion" and whether or not making a will can change it.

It's natural that a British citizen finds this term unfamiliar since it's a continental-European originated one on the contrary of anglosaxon/commonwealth law rules. "Reserved portion" term simply represents the part of the estate(left from the dead person to his/her closest inheritors) that can be neither changed, nor revoked by the dead person.

Alıntı:

I am I think correct in saying if my husband should die, I would share his assets 50/50 with his parents?

Right, you will have the 50% of total assets of your husband and the rest 50% will be shared by his parents.

Alıntı:

Where I am unclear is what happens if his parents died, THEN he died - does the law say that I must as his wife share the estate 50/50 with his brothers & sisters?

You presume that his parents will die after your husnband passes away, as well as I understood. In this presumption, you'll have the 50% of your husband's assets and the rest 50% will be shared by the alive descents of your husband's parents(your husband's siblings[nephews and nieces if the siblings are already dead as well]).

Alıntı:

Or does it say that in that case his brothers and sisters get nothing, but I must share it 75/25 with his grandparents? And if they too are dead, then I keep the whole estate?

You seem to presume that your husband's parents died before your husband passed away, right? Your husband's grandparents can get nothing as long as his dead parents have alive descent inheritors(ex:your husband's siblings, nephews or nieces). The inheriance right gets transferred to your husband's granparents only if there's left no descents of your husband's parents. And in this possibility, you'll be able to have the whole estate if his grandparents died as well.

Alıntı:

In any case, can any of this be changed by his writing a will?

These percentages may be changed by your husband by leaving a valid will. But, he can not go further(for the inheritors who have reserved rights) than a legal ratio which is specified in Turkish civil code. You are(as his wife) one of these inheritors whose rights are specially protected and reserved in the code. If we presume that you'll be the inheritor of your husband with his parents(as I simply calculated above), the %50 of your inheritance right(%50%) will be protected and your husband won't be able to go further than this to revoke your portion.

I hope to have enlightened you a bit.

King regards
Old 18-02-2007, 19:06   #11
Konuk

 
Varsayılan

Thank you very much Tiocfaidh, that's very helpful, and has made it all much clearer.

The question wasn't posed because I was worried my husband may try to revoke any of my portion of what he may leave, however.
Our worry was what would happen should (as would be expected) his parents die before he does. We were afraid that I would then have to share our house, business and money with his brothers and sisters. We had hoped that it would be possible for him to make a will such that this would not happen.

From what you say, however, it would appear that in the event of his death, I would be left in a position such that his siblings would be legally entitled to take half of everything we own.
This was what we hoped to avoid.

Could they actually for instance, force a sale of our house in order to claim their share, thereby leaving me on the street?
Old 19-02-2007, 22:35   #12
Tiocfaidh

 
Varsayılan

Hello once again

Alıntı:

The question wasn't posed because I was worried my husband may try to revoke any of my portion of what he may leave, however.


As I stated above, your husband has no right to revoke your inheritance rights further than your reserved portion which is remarked in Turkish civil code. If you'll be his interitors with his parents, you'll have the 50% of his all assets. And the 50%(1/2) of your inheritance portion will be protected by the code and there's no possibility of your husband to leave you less than 25% of all his assets even if he leaves a will aimed at this goal.

Alıntı:

Our worry was what would happen should (as would be expected) his parents die before he does. We were afraid that I would then have to share our house, business and money with his brothers and sisters. We had hoped that it would be possible for him to make a will such that this would not happen.

Actually, that will really not matter whether your husband's parents die before your husband does or not. You'll eventually have the 50% of your husband's assets and this percentage won't be changed in both possibilities(to be inheritor with his parents or siblings).

Alıntı:

From what you say, however, it would appear that in the event of his death, I would be left in a position such that his siblings would be legally entitled to take half of everything we own.
This was what we hoped to avoid.

If your husband's parents would die before he does, then his siblings will take their parents' position and have the right to claim 50% of your husband's assets. You can partially avoid this situation if you agree with your husband to leave a will that intends to leave less assets to his siblings, however he can not completely revoke their inheritance rights due to reserved portion rights of siblings.

Alıntı:

Could they actually for instance, force a sale of our house in order to claim their share, thereby leaving me on the street?

They do actually have right to do this, however you can prevent them forcing a sale by offering to pay them an amount of how much the half of your house costs. They would have no benefits to sell the house in this option and they can not force you to sell the house(in my opinion) according to "bona fides" principle that has been being used in law systems since the Rome age.

Please don't hesitate to ask if you still have something unclear in your mind about this issue.

Best wishes
Old 14-03-2007, 01:07   #13
Konuk

 
Varsayılan Selcuk

Hi, my father died in May 2006. He has 5 children (all with dual British/Turkish nationality) from two different marriages. He is divorced and we have the divorce papers to prove it. How will his inheritance be shared out? We were told that his divorce is not recognised in Turkey and that his ex-wife will be entiled to 1/4 of everything, is this right?

Also, our father had several bank accounts and properties in Turkey. How does the legal system work with regards to gaining access to our inheritance, we are told that there are currently 5 court cases going on with regards to our inheritance. Do these cases get done all at the same time or one after the other? We are really confused about how long things will take to sort out. We have a solicitor acting on our behalf in Turkey, but due to the language barrier things are getting quite complicated!

Please Help!
Old 19-03-2007, 23:47   #14
judgeee

 
Varsayılan

Alıntı:
Yazan Konuk
Hi, my father died in May 2006. He has 5 children (all with dual British/Turkish nationality) from two different marriages. He is divorced and we have the divorce papers to prove it. How will his inheritance be shared out? We were told that his divorce is not recognised in Turkey and that his ex-wife will be entiled to 1/4 of everything, is this right?

Also, our father had several bank accounts and properties in Turkey. How does the legal system work with regards to gaining access to our inheritance, we are told that there are currently 5 court cases going on with regards to our inheritance. Do these cases get done all at the same time or one after the other? We are really confused about how long things will take to sort out. We have a solicitor acting on our behalf in Turkey, but due to the language barrier things are getting quite complicated!

Please Help!

mr. selçuk your problem is too complecated. You must came here. You must find a lawyer and that lawyer must look the papers of the cases. It is to hard to help you from here without seeing the papers. But ı can say that your brothers and sisters, that have born from other women can take some... But as ı said u must come here...
Old 20-03-2007, 13:49   #15
Tiocfaidh

 
Varsayılan

Alıntı:
Yazan Konuk
Hi, my father died in May 2006. He has 5 children (all with dual British/Turkish nationality) from two different marriages. He is divorced and we have the divorce papers to prove it. How will his inheritance be shared out? We were told that his divorce is not recognised in Turkey and that his ex-wife will be entiled to 1/4 of everything, is this right?

Also, our father had several bank accounts and properties in Turkey. How does the legal system work with regards to gaining access to our inheritance, we are told that there are currently 5 court cases going on with regards to our inheritance. Do these cases get done all at the same time or one after the other? We are really confused about how long things will take to sort out. We have a solicitor acting on our behalf in Turkey, but due to the language barrier things are getting quite complicated!

Please Help!

Hello,

It's true that your father(RIP)'s ex wife will have 1/4 of all his assets according to Turkish law unless you file a recognition(of divorce decision) suit in Turkih courts. This case is not a difficult one as long as you bring the translation of the decision of the foreign court done by a sworn interpreter and some easy obtainable extra documents.

Presuming that the Turkish court recognized the divorce decision regarding your father's ex-marriage, you'll share 3/4(rest of your mother's portion[if she's alive]) of all his assets equally with all your siblings(including your half-siblings who were born during your father's ex-marriage).

I'd be pleased to give further info and advises as well as I can. You can ask everything unclear in your mind on these boards.

Best wishes
Old 29-03-2007, 16:33   #16
Konuk

 
Soru How long will it take?

Hi, it is Selcuk again.

Thanks for your replies. Does anyone have any idea how long the inheritance legal process takes in Turkey? We have been told that there are 5 cases that have been logged so far, but we do not know how long these will take, we have been told to expect 7 to 8 months, but we don't know if this is for each case, or if it is the total length of time for all of the cases to be resolved.

Any suggestions?

Thanks

Selcuk
Old 25-06-2007, 22:58   #17
Konuk

 
Varsayılan Property inheritance in Turkey

I need to get some information about inheritance law in Turkey.

My husband is a Turkish citizen who has resided in the U.S. since the 1960s. We were married in 1969 and our marriage is registered in Turkey. I am an American citizen and we have two children who were born in the United States. They do not have dual citizenship.

My husband inherited property in Istanbul which is in his name and which has for many years been managed by his brother. His parents and grandparents are deceased. He also has a sister who is living.

My question has to do with inheritance for myself and/or my children if I should predecease my husband. I need to know whether a valid will here in the United States would also be considered valid in Turkey. Does he need a will in Turkey that states that he leaves the property to me if he dies first?
Old 29-06-2007, 16:00   #18
lady barrister

 
Varsayılan Hi,

According to Turkish Inheritance Law, if one of the spouse dies , whether there are no children the assests will be shared 50% by the alive spouse and the deceased spouses family. (His mother and father, if they are died by his brothers and sisters.) However if there is a child that means that the assest will be divided between the alive spouse (25%)and the children(75%) It does not matter if the children are Turkisn citizens or not. Besides this, if your husband's properties are in Turkey he has to make a will here to leave the properties to you( keeping your children's reserved propertion right) .
Old 29-06-2007, 19:16   #19
Konuk

 
Varsayılan inheritance

Lady Barrister: you said non-Turkish children have a right to inheritance, however, how can this happen for sure?. My Turkish husband and I are getting a divorce, our marriage is not registered in Turkey and he does not want our son to be registered in Turkey either. How would the government know who to give inheritance if the birth is not registered?. I was told it is best to get him registered, but then it would mean he would have to serve the army, but he has never lived in Turkey. Hope this will be posted. Thanks for your advice.
Old 30-06-2007, 13:58   #20
lady barrister

 
Varsayılan Hi,

Ok then, firstly you haven't mentioned that you are getting divorce with your husband before. Because that means that if you get divorce you are not allowed to take any share whether your husband dies. Coming to your children, they do not need any Turkish citizenship to inherit. lf your husband dies they may take a certificate of inheritance in the us. than come to the Turkish Court and want the certificate to be executed. However in this procedure they have to be carefull about the time. As soon as your husban dies , they should come to register the properties on their names within a year. (Just in case)
Besides somebody dies with children, all heritage will remain to the alive children.In your case this will happen to your children as long as they prove that they are legal inheritors which is in way l mentioned before.
Old 30-06-2007, 14:25   #21
Konuk

 
Varsayılan Inheritance

Lady B: your answers are so very helpful, I have a similar case to the above post and hope you can help me. My husband and I are divorced,our American son is NOT registered, but his Turkish son with his Turkish wife is...the 2 brothers don't know each other.

If I understood you correctly, you said if the non-Turkish child is not registered, he can get his inheritance with a certificate of inheritance, but needing to go to court, therefore, needing a lawyer, right?. If child however IS registered, I guess no certificate and no court appearance is necessary, am I right?. The timing of 1 year is important, but what if the child is not notified of his father's passing?. I think that is why is best to have all children registered to avoid a possible fight between the Turkish and non-Turkish siblings and also avoid going to court at all.

Can you also clarify the following: I was told by another Turkish lawyer that ID registration of the child, ie: registering under his Turkish father's ID does NOT mean citizenship, is this true?. If it is true, then child could be registered for inheritance purposes, but without becoming citizen.
Old 03-07-2007, 18:15   #22
Konuk

 
Varsayılan

Hello!
Merhaba!
My name is Maria and I'm a lawyer from another country. I could really use your help.
I would like to ask you what is the procedure in Turkey in order to get a certificate or a rule of court that legitimizes the closest relatives of a deceased Turkish citizen?
I thank you in advance.
Old 10-08-2007, 13:41   #23
Güvenç Ketenci

 
Varsayılan

Hi Maria,

Regarding your question; it's not too hard and complicated as it seems to have a legitamate document of this kind which is called the Probate Verdict in Turkish Law.

But to get it there is an another document which expilicitly certifies the deceased person's all living/passed relatives for that moment to be obtained via lodging to Turkish Parish Register.

After having the forementioned document; you've got to lodge to the Magistrates Court
( preferably to the one where the deceased used to dwell ) to have a Probate Verdict ( it is not and differs than the Probate Action ) appertaining to the deceased but of course together with a written petition stating your claim.
But please note that this has to be done properly as soon as possible to avoid time bar and can only be done by your solicitor who is registered to Turkish Bar Association and for sure with a power of attorney given by you or your client.

Best Regards,

Güvenç Ketenci
Attorney At Law
Old 13-08-2007, 16:50   #24
Konuk

 
Varsayılan

hi can anyone help?my father recently passed away and my mother sold his car,unfortunately the lawyer who dealt with the sale has not done the work needed.during the sale the buyer insisted that my mum sign a declaration stating that if the sale was not completed within a month she would pay a large sum of money to the buyer.first,is this legal,second,can my mum do anything about the failings of the lawyer she hired to deal with the sale
Old 03-09-2007, 22:31   #25
Mark

 
Varsayılan

Hi, please could you tell me what happens if a Turkish person is in debt when he dies. My father-in-law, who is Turkish, recently died there, in debt to the government and banks. His only asset, a workshop, will not cover all the debts and his wife and children do not work and have no assets (one is a student, the other a housewife). Do his debts transfer to his surviving relatives or are they wiped out? And what should our next steps be? I would be extremely grateful for any help on this.
Old 08-09-2007, 20:06   #26
Tiocfaidh

 
Varsayılan

Alıntı:
Yazan Mark
Hi, please could you tell me what happens if a Turkish person is in debt when he dies. My father-in-law, who is Turkish, recently died there, in debt to the government and banks. His only asset, a workshop, will not cover all the debts and his wife and children do not work and have no assets (one is a student, the other a housewife). Do his debts transfer to his surviving relatives or are they wiped out? And what should our next steps be? I would be extremely grateful for any help on this.

According to Turkish inheritance law; an inheritor doesn't have to be liable of the debts of his/her testators as long as he/she disclaims/relinguishes his/her inheritance rights in the court within 3 months from the death of the testator.

I hope this helps,

Best wishes.
Old 04-10-2007, 19:51   #27
Konuk

 
Varsayılan Inheritance

Hi,

My daughter's father is Turkish,she was born outside Turkey,but her birth is registered in Turkey. We are now divorced,he wishes no contact with his daughter and have not heard a word from him in over 4 years. If something were to happen to him, how would our daughter get her inheritance?. If we changed address/phone# from what the registration office has, how would officials know how to contact us and/or how do I go about updating this information in the event we move?.Is it possible that he could have un-registered our daughter to disinherit her since he has no interest in her?. During our divorce proceedings he threatened to do so saying he had connections with high government officials...how could I confirm if the registration is still intact?. thank you.
Old 11-10-2007, 01:03   #28
Konuk

 
Soru Confused

My children are awaiting proceeds from their fathers inheritance but this does not seem to be forthcoming what steps can they take to ensure that this happens they seem to be given the run around by the executor of the will who has distributed funds to the other beneficiaries but seems reluctant to part with their share. They have completed forms and given to turkish embassy but we still have no news of what has happened, they live in England, and it is difficult to communicate. There seems to be no one who they can contact to get any straight answers..Is there anyone they can contact which will not involve large sums of money for advice their inheritance is only a small amount and does not warrant lengthy expensive legal fees.
Old 14-10-2007, 21:29   #29
Konuk

 
Varsayılan

hi im in such a mess, my mum died yesterday god bless her im devastated, she has brought a property in bodrum has waited for a year for the land to be hers from the local army, anyway 3 weeks ago my mum went back to bodrum and spoke to the solicitor to get the land and house into her name but wanted me her daughter to be covered that if shedied the house automatically came to me, problem was she was told i had to be there to doit, in the mean time she has died and she hasnt updated her last will, there is a few long distance family members on the will she did not want them to have shares, but her 3 sons and me to benefit form it, its not mention on her will about property in turkey and i know turkish law is the house will go to the kids, does it mean that the last will will still count in turkey even know the solicitor and close friends can witness thats she wanted it in her daughters name, i just want to grant my mums last wishes
Old 14-10-2007, 21:58   #30
Av. Balkan Tunalı

 
Varsayılan inheritance

Dear Madam.

Your daugheter is also the daughter of your exhusband. Whatever he does, he is unable to change this reality. The only exception is to sue both you and your daughter claiming not to be the father of his daughter. It is not only a long procedure but also needs to take samples of both your and your daughters blood during the lawsuits. Please ignore this possibility if he is her father (you are the only one knows the real)

Secondly if you change your adress without informing authoroties it is your problem. If your exhusband dies his wealth will be devided to his relatives including your daughter.

Yours faithfully
Yanıt


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