I concluded my previous article with general information about evaluating inheritance in the presence of a will and what people should pay attention to. In this article, I will convey my insights on the research and rejection of the remaining inheritance, focusing on inheritance law.
I mentioned that applying to the relevant authorities after a person's death will determine your inheritance. I also explained that this process results in the Decree of Inheritance in the legal world. But, if you ask whether this certificate allows access to all information about the deceased, I must say that it does not. The certificate of inheritance only confirms your status as an heir of the deceased, serving as one of the first legal steps in dealing with the consequences. When you request a certificate of inheritance, it will not provide any details about the deceased's assets. Heirs seeking to investigate this will need to use legal avenues based on the certificate of inheritance.
Heirs must thoroughly investigate the deceased's assets. Lawyers can hurry this process, ensuring access to information through experienced methods. The investigation should start by checking if the deceased owned any real estate, such as land, buildings, or apartments registered in the title deed. In general, Turks living in Australia may have inherited properties in rural areas from their families before emigrating, as well as real estate investments in major cities like Istanbul, Ankara, Izmir, Bursa, and Antalya. That highlights the importance of a comprehensive and detailed investigation. Discovering the deceased's rights to other unknown properties often reveals more assets beyond those initially known to the heirs.
After identifying any real estate, you should next check if the deceased owned any vehicles. Request this information from the General Directorate of Security. Although vehicles may not be as valuable as real estate and might not be a primary concern for those planning to return to Turkey from Australia, they can still be part of the inheritance.
Next, investigate the deceased's financial assets, such as bank deposits or safe deposit boxes. Determine which banks held the deceased’s money and review the details of account usage, withdrawals, and payments. To avoid surprises, inquire with major banks in Turkey to check for any accounts or safe deposit boxes in the deceased’s name.
If the deceased had a strong interest in the stock market or investments, you should also explore company shares and stock holdings. To gain a complete understanding of the deceased's assets, request an investigation into these areas.
It is crucial to understand that the deceased’s assets will be passed to the heirs along with any associated debts. You cannot accept only the favorable assets while rejecting the debts. If you take the inheritance, you take it total, including assets and liabilities. To determine whether the deceased had any debts and to assess the balance between assets and liabilities, you should file a lawsuit for the determination of inheritance. If you wish to avoid responsibility for the deceased’s debts, you must also file a lawsuit for the rejection of the inheritance, which I will discuss in future articles. For clarity and to maintain the focus of this topic, I will cover these legal processes in more detail later.
Best Regards,
Attorney Cetin Tugber Gurcan