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Turkish Inheritance law

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Old 14-10-2007, 21:37   #31
Konuk

 
Varsayılan Inheritance

Mr. Balkan, you assumed wrong, he knows beyond a shadow of a doubt the child is his, his motivation for staying away is because he has moved on with someone else in Turkey, but wishes noone to know about his past, not even his own wife knows. I still don't know whether the government in Turkey would contact us in the event of a death or whether they are assuming a member of his family would, but of course, the latter would never happen.
Old 18-10-2007, 13:15   #32
cyprolaw

 
Varsayılan

Firstly , I want your acceptance about my most sincere condolonces on the loss of your mum.I want to point out my confusion on your cool-headedness after the next day of your mum's death.Perhaps, it's contingent upon being different nationalities.I want to mean; different cultures may give different emotional reactions on the same tragedies.
By the way, you cannot get that house by inheritance.It does not matter if you have witnesses also. So the last will will still be counted in Turkey, because wills have international validity.
Old 18-10-2007, 16:05   #33
Konuk

 
Varsayılan Turkish Inheritance Law

The above response has confused me a bit. I am a new poster.

I was under the impression that Turkish law dictated that spouse gets 25% and children get balance of inheritance, but now you are saying that a will overrides everything. I have a daughter with my Turkish husband, he also has Turkish children, so if he decided to write a will and leave me & our daughter out, the law would allow it based on the validity of the will?. Please clarify this point for me. Thank you.
Old 19-10-2007, 11:44   #34
Av. Balkan Tunalı

 
Varsayılan

Dear Madam

The things I wrote before were not my assumptions, I just wanted to explain all the possible circiumstances.

As a lawyer -in fact I am leaving in the UK that's why i do not practice now- I always accept your declerations. So you do not have to persuade me.

Meanwhile, the turkish goverment will not contact you in case of his death. If his (your) doughter is registered legally before than she will always be able to claim her share of inheritance.
Balkan Tunalı
Old 20-10-2007, 00:48   #35
Konuk

 
Varsayılan Inheritance

I find it a bit strange that a country would not contact a registered child regarding an inheritance following a parent's death, particularly when the child lives abroad. As mentioned earlier,the father has kept the child secret from everyone in Turkey, only the government knows she exists,therefore, no member of his family would ever notify us of anything as they do not know we exist.

So again, my basic question was, would the government notify the deceased's child, you said no, how then would the government give the inheritance as you have stated the government would do without notification first?. And would the child (if adult at time of death), need to appear in Turkish court to claim inheritance?. Child was registered with Turkey shortly following birth.
Old 21-10-2007, 16:25   #36
Konuk

 
Varsayılan Inheritance

I find it a little difficult to believe that the Turkish government, or any other government for that matter, would not contact a child (adult or not) following his/her parent's death, especially when they would have on record the address of the child and the knowledge that the child lives abroad. As mentioned earlier, the father has kept his daughter a secret from everyone,only the government knows about her existence through her registration, so if something were to happen to the father, we would never know unless the authorities would contact us.

You indicated the government would NOT contact us, yet you said the inheritance would be given, not sure how they would distribute the inheritance to the rightful heirs without notifyng them...something does not make sense.
Old 22-10-2007, 00:29   #37
Konuk

 
Önemli dear madam

Everybody including I and you have to be respecful to the law of state. Your first mistake which you insist to carry on is government does not involve justice. This is quite important. IN THAT HOW, GOVERNMENT WILL NOT INVOLVE YOUR CASE.

I think your misunderstanding is based on the situation in this web page. I am not your lawyer as you are not my client. The service you find here free does not mean you are able to express your disapproval by a word called "STRANGE". I am not your lawyer but I AM A LAWYER. However, I have to declare my comments as objective as possible.

Turning back to your question, weather the father of your daughter dies, a case will accrue to decide his legal inheritor. The legal inheritors are the children of the death person. The judge will decide the inheritors according to the registration.
Old 23-10-2007, 14:10   #38
cyprolaw

 
Varsayılan

To The Previous Poster:

No, no,no…I have to adjust my speech as “you cannot get the whole ,the every share of that house by inheritance” .Sorry for lacking words . Your impression that Turkish law dictated that spouse gets 25 % and children get balance of inheritance is a true assess . But it is inadequate also. It’s a fact that , a will cannot override everything.But, in the event that there is a will, the state of the inheritors changes.Because,according to Turkish Inheritance Law , the inheritors have shares which are named as “Legal Shares” .And there is another share type named as “ Guarantied Shares ”You (you , your brothers or sisters together and your father) are legal sharers.But this does not mean that, you can get whole of the inheritance.Because , if there is a valid will, you cannot get your legal share completely , You-the legal inheritors- only can get your guarantied shares and the remainings of the will.Your legal shares are totally ¾ for children , and ¼ for the spouse.But, your guarantied shares are totally 3/8 for whole of the children and the same ¼ for the spouse.So, if there is a valid will , “the family members on the will who she did not want them to have shares” can get the remaining of the inheritance accordding to the worth of the will and also depending on the will.But also if the worth of the will is not too excessive for the inheritance , you can get your guarantied shares and also the remaining of the inheritance out from the will.
Old 23-10-2007, 14:22   #39
cyprolaw

 
Varsayılan

Alıntı:
Yazan Konuk
The above response has confused me a bit. I am a new poster.

To The New Poster :

I was under the impression that Turkish law dictated that spouse gets 25% and children get balance of inheritance, but now you are saying that a will overrides everything. I have a daughter with my Turkish husband, he also has Turkish children, so if he decided to write a will and leave me & our daughter out, the law would allow it based on the validity of the will?. Please clarify this point for me. Thank you.

If you look up to my above speeches , you will also get enough information.I want to repeat that , a will cannot override everything. So don't worry.And you know ; as your children , the children from his ex-wife are also his legal sharers.There is no need to make another will for them.As you see , Turkish Inheritance Law guaranties all of the rights of holders.
Old 23-10-2007, 15:42   #40
Konuk

 
Varsayılan Inheritance

Konuk lawyer: Absolutely NO disrespect towards Turkish law was meant by using the word "strange". As a matter of fact, I have nothing but respect for the country and its laws.

People die all the time and though not customary in Turkey, abroad, wills are the norm and many people seem to die without them, also many people don't necessarily have families and so the government is left to figure out how to distribute such a estate and how to locate any existing relatives which they must do, whether such relatives live in the country or abroad and that is what I meant that I would find it strange if Turkish gov. had record of a child, but would not contact such person if such person did not come forward on their own due to lack of knowledge of the death.

It seems to me that the gov. would indeed contact such person, but as I have not received a definitive answer from anyone that yes, they would, I will consult with a Turkish lawyer or write to the office in question to know what their procedures are. Thanks for your comments.
Old 23-10-2007, 15:47   #41
Konuk

 
Varsayılan Inheritance

My Turkish husband and I have no children, we have no parents and our siblings are all well to do. We wish to write a will and leave our estate or most of it to charities, is that allowed?. We live in Turkey.
Old 16-12-2007, 14:39   #42
Konuk

 
Varsayılan Buisness Left Behind In Death

My Father Died 14 Months Ago Leaving A Company,of Which He And A Partner Owned,im 1/2 Turkish Living In England I Have Had No Help From Lawers Or Courts Concerning Whereabouts Of Takings Stock/vehicles Included. So His Partner Is 14 Months On Still Running Company ,which Is Ltd And Keeping Takings And Running My Fathers 1/2 As Theirs .it Seems Turkish Nationals Take Preference In Court System And Non Nationals Have No Rights To Even Ask Questions
Old 19-08-2008, 22:24   #43
Konuk

 
Varsayılan

My brother died in Turkey a few months ago. He and his British wife had a Turkish company, land and property. We do not know if he had a will, either in Turkey or UK. How do we find out? He leaves a daughter, sister, and both parents. Who inherits - wife or rest of family? The property has not been sold and the company remains - how will we know when she sells it? Thank you for your help. Jaynie
Old 21-08-2008, 14:07   #44
Konuk

 
Varsayılan Turkish Inheritance Law

Jaynie: you say your brother left a daughter, sister and parents, but you failed to mention she also left behind a WIFE. The wife and child are the inheritors, unless he specified something other in his will, but even then Turkish law will not leave them with nothing as done in other countries.
Old 21-02-2009, 22:17   #45
Konuk

 
Varsayılan Need help how to find inheritance sitting in a Turkish bank

How long the bank account will be on hold in turkish bank if no one is looking for that money for period of 50 years or more and when the money go then?
Old 01-11-2009, 23:08   #46
FlogsCugvioli

 
Varsayılan Analogues

Other variant is possible also
Old 12-03-2010, 23:07   #47
Michael

 
Varsayılan Inheritance Advice

My father is 72 with only a few weeks to live. He married a Moldovian girl of 25. We have recently found out he sold his property for half its worth. Lost contact from my father over the last two years. We found out by accident he was terminally ill. We immediately flew out to Turkey to see him in hospital. We had a great day together, left on good terms saying I would see him the next day. My father does not wish to see us anymore, because it is upsetting his Moldovian wife. I would like to ask, how I would find out when he passes away, as we cannot get in direct contact with the hospital,as they refuse to tell us anything because of wife and I do not wish to upset my father. Also inheritance. I am assuming my father will be buried and is Moldovian wife will take Inheritance back to Moldova. Can she do this immediately, or does this take time. Forgot to say, my father as lived in Turkey for eight years, married for two. Any help appreciated. P.S English Father.
Old 24-03-2010, 12:50   #48
Konuk

 
Rahatsiz inherited property in turkey

Hi all, what a great website...I may get the answers I need!
My mother died in 1999, and left a house in Turkey. I rightfully inherited the house, except my mother's family took any information, keys, deeds off me and I never saw them again. Nor did I even visit the house, as I didn;t know the address or have any keys....long story!
Now, I have all the details and keys to the house, after a long battle with my family, and want to sell the house as it hasn't been maintained at all by by so-called family in the past 11 years.
As far as I know, the house/deeds are still in my mothers name...what do I need to do in order to change the deeds into my name? Does anyone know about inheritance tax laws? Can anyone help guide me briefly through what I need to do?
Many thanks for your time.
Old 31-03-2010, 22:39   #49
Av. Bülent Sabri Akpunar

 
Varsayılan

Dear Konuk

You may acquire the title of the house through land register by proving you are the legal heir of your mother.To this end, a certificate of inheritance is required. You are the legally liable to inheritance tax.
Old 06-04-2010, 18:09   #50
Konuk

 
Varsayılan Hi .

I have only one question....
When a man and a woman marryes, and they have the same home, do they own ther own part of the estate when they are maried ? or does the man own everything ???

Pleas answer... this is crustal to ouer case in turkey, rigeth now.
Old 16-01-2011, 16:42   #51
Konuk

 
Soru Timescales for registering a death

My Father in law died in July 2009 and owned a property in Turkey. He did not have a will and was divorced. His sole beneficiaries and owners now of all his assets in the UK are his two children. We plan on seeing a lawyer in April to try and get the process started.
Due to a number of circumstances the Turkish side of his estate has been put off.
Given the time that has lapsed are you able to advise if there is a timescale involved for registering his death and changing the ownership of the property. Are we also likely to get penalised or fined if we have not adhered to the timescales? Is the process a lengthy one?
Many thanks and any advice would be appreciated.
Old 15-02-2011, 22:48   #52
Konuk

 
Varsayılan Question about wills in turkish law

My father is a turkish citizen and lives and works in Turkey. He has a lot of assets that we as his children may not be aware of. He is currently married for the third time(no additional children) and we as his only children from his marriages are concerned that we may not know when something happens to him or how his assets will be divided. He is wanting to leave his current wives family the details on his will but this does not seem to make sense since we are concerned that this information can be changed and is biased. His children( ie: my sister and I)live in the United States. He has stated that the does not want us to go to court with his wife when he dies. What rights does she have and what rights do we have? We have read about the 25% to the wife and 75% to his children but what is the process to verify? He has given property to his wife in her name. Can this be done? We would appreciate a rapid response since we are in conversation about this now and some tools to have at our disposal if something were to happen to him. Thank you!
Old 18-03-2011, 23:51   #53
Konuk

 
Mutlu

Hi, my wife and I will be re-locating to Turkey in the very near future. I am concern about making a will. I would like to make a will here in England before going over to Turkey. However I have been told that the Turkish law would not up hold either my wishes or those of my wife, Is this correct.

I would like the leave everything to the surviving partner and then for what ever is left after both our deaths that to be passed on to our children when we have both left this earth.
Old 01-05-2011, 18:48   #54
Konuk

 
Varsayılan

My question is really different.

His mother's sister and her husband are very wealthy. They both more than 80 years old. She has Altzheimers, he is as sharp as a whistle.

My questions. When my husband's aunt dies, through Turkish law it seems 50% of her assets go to her sister and brother (both in their 80s). I have no idea what kind of assets she has, I'm just asking for technical reasons.

My husband is too polite to speculate about these things.

When the uncle dies, how will his estate be shared out? He has at least one brother, and a son. He is uncle-by-marriage (enişte) How will that work?
Old 18-10-2011, 21:46   #55
joy8811522

 
Varsayılan inheritance..

hi, i am just worried about the inheritance law..I am married to a turkish man,he had devorced before and had 2 children.a boy and a girl.His first child Girl to his ex-wife is married and his second child son is staying with us,my husband parents had died. I am pregnant and the by end of november,i will give birth and it's a boy.İn the event of death.what will happened to me and my son and the inheritance?will his ex-wife recieved or have the share or will his children to his ex-wife will get any.İ am too curious what will happened to me and my son in the future please explain this to me?my husband had lands here in turkey and had different accounts.he doesn't open me an account beacause he said someday if he dies those accounts will be transfered to me automatically?İs İt true?İ don't want to have a hard life in the future.So please answer my concerns..thank you
Old 23-02-2012, 05:47   #56
Konuk

 
Mutsuz inheritance

Hello,
I really need some advise,
I live in Montreal,Canada.
I am a greek orthodox and was born in Istanbul. I was baptized in Istanbul by my godmother who past away mid January. I recieved a phone call by this man who used to help her out because of her age annoncing the bad news. I am the only family that she had. She was very wealthy and had mentionned to me last time I saw her that her everything was left to me. I was unable to attend her funeral because of work but send my father over there to lookinto all was needed. The man who called me has taken full posesion of her estate and belongings and mentionned to my father that there is nothing to be done. Is it true... does he have any right on her estate and is he inthe obligation to give me proof that my godmother has left nothing to me?
Old 06-03-2012, 14:09   #57
Konuk

 
Varsayılan

My husband died 4 years ago, we have a villa in Turkey that is still in his name. I went out there two years ago to change the name over to myself and my two children, but the paperwork had my middle name in it, and my passport didn't, we got to the very final stage when i was told they wouldn't accept my passport. I have since changed the name on my passport and will be going back out to Turkey in April. Can you tell me what i need to do first. i.e. what bills need to be paid up, where i will have to go etc. I could do with some advice.
Thankyou
Old 02-04-2012, 00:39   #58
Quinn

 
Soru Will putting the house in my name help?

Hello--

I am an American woman (applying for a kimlik) happily married to a Turkish man for 22 years. :-) We have no children. He has a living mother and sister. The sister has a daughter. He also has a 1/2 brother (from his father's first marriage) and his 1/2 brother has two daughters. We are in the process of applying for jobs in Turkey and hope to move there this fall. We have a home in the States; both of our names are on the mortgage. We plan on renting our place out when we move to Turkey.

We are also planning on buying a home in Turkey.

It is our wish to leave everything to eachother. We understand this isn't possible in Turkey, according to Turkish law.

My questions:

1. Would it help if we put the home we buy in Turkey in my name only? Would his family still have the right to it then?
2. If we put the home in my name and I died first, would he be compelled to name my family members and have them take their portion? Couldn't he just say that I am estranged from them/don't know where they live, are all dead, etc.? Or would he have to somehow (how?) "proove" this?
3. I'd actually like to stipulate that my family gets some of my things, i.e. jewlery, etc. and he agrees with this, but then I'm worried that if I put it in a will, the courts will be aware of my relations and would force a Turkish division of assets when that is not what either of us wants and my family does not expect (but, I think, would be hard-pressed to say no to.)
4. The same question only with money. If we put most of our money in a savings/investments in my name only, then if we had a small shared checking account to pay bills, is the only money his family could grab is the one in the checking account?
5. Would his family be able to grab our home in the US? I'm assuming not, but my fear is that his greedy sister, from whom he is estranged, knows our address and would be able to have an appraisal conducted to find its value, and then enter that amount into the total of the amount to be divided.
6. In the relatives disclosed about, I understand his mother, sister, and sister's daughter would get something. What about his 1/2 brother and his 1/2 brother's two daughters? Would they be included?
7. I'm unclear about the rightful division. If, for instance, we had a joint account, I would assume 50% would be considered "mine" and 50% considered "his" and that then his 50% would be further divided, i.e. I would get 50% of "his" portion (or 25% of the total portion) and that that remaining 50% of "his" portion would be what is given to his relatives. It may be easier to use an example.

Let's say that he has 100 TL in the bank. To make it easy. :-)

50 TL is considered "his"
50 TL is considered "mine". I keep that outright.
of the 50 TL that is considered his, I would get 50% of that. So I would get another 25TL.
His relations would split the remaining 25 TL.

Is that right? Or would it be

50 TL would go to me.
50 TL would be split among his relations.

This doesn't seem fair, as obviously 50% of whatever would be mine and 50% would be his. And so in that case, it's as if I just keep my own portion and essentially lose all of his portion . . . (I understand that he can stipulate that he wants to give me 25% more, for a 75% share, so I'm not asking about that part)

Thank you in advance for helping me. I would actually gladly pay 1/2 of my mother in law's elder care and continue to take her on vacations and help her, and also leave something to his 1/2 brother's daughters, but I am absoutely loathe to leave anything but a marginal sum to his horrid sister. I am hoping we can find a solution. If not, we may have to re-think moving to Turkey.
Old 30-05-2012, 18:01   #59
Konuk

 
Mutsuz fathers will

my wifes father past away in 2009 in turkey but he is british. she has just been sent letters from the courts in fethiye too say her stepmum had the will read and she is wanting it annulled/cancelled can she do this as my wife has just found out about it.
Old 08-06-2012, 10:37   #60
Konuk

 
Varsayılan

Dear Ladies and Gentlemen,

My name is Yelena, I am a Public Notary from Ukraine.
I have a friend, who needs advice in Turkish inheritance procedure.
Case details are:
Turkish Woman passed away in the present year.
She had two sons, citizens of Turkey as well.
Assuming, that no suppose, parents and any other kin present.
Woman left a testament, which orders to divide heritage to two parts – some cash on the accounts to the first son and some unmovable property – to the second one. Assuming, that shares of wealth for both them, for example are 1\4 and 3\4 for the firs and second sons accordingly.
Today I was looking at a Turkish law website discussing inheritance law and I was surprised to see regulations says about so-called «reserved portion» for children, that is 3\4 (75%) and can be shared equally between children of deceased person.
If I understood correctly from the described case and taking Turkish law into consideration, no matter what testament says, but the son, who has his share 1\4 according to testament is protected by Turkish law and has a right for 3\8 share from everything. And the second son’s share has to be decreased from 3\4 to 5\8. Is that right? Please check my conclusion.
Then my questions are:
1.If the first son, who is getting share less, than law provides him (1\4 instead of 3\8) wants to increase it and starts court – what is maximum term he can challenge testament and Public Notary resolution about providing documents for the heritage on a new owner name ?
2.In a case both sons come to agreement to settle down their shares and change testament order as they decided (equally or another way) without court – then which way they must do such agreement (for example, conclude a contract with notary formalities or just sign such contract on white paper with witnesses, or court procedure only)?
3.If no one from heirs won’t start any court procedure how long inheritance procedure lasts then?
4.How much taxes and when heirs pay from the wealth?
Thank you in advance for your reply.
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