Mesajı Okuyun
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