Inheritance Sharing Case

Inheritance sharing case, 495-501 of our Civil Code. The heirs and inheritance shares are determined as follows:

Alt lineage: The first degree heirs of the legator are his descendants. Children are equal heirs. Children who died before the decedent are replaced by their descendants through succession at all degrees.

Mother and father: The heirs of the inheritor who has no descendants are his parents. They are equal heirs. Parents who died before the decedent are replaced by their descendants through succession at all degrees. If there is no heir on one side, the entire inheritance goes to the heirs on the other side.

Grandparents: The heirs, grandparents and grandparents of the inheritor who do not have descendants, parents and their descendants. They are equal heirs. Grandparents who died before the decedent are replaced by their descendants through succession at all degrees. If one of the grandparents from the mother or paternal side has died before the inheritance without any descendants, his/her share goes to the heirs on the same side. If both of the grandparents on the maternal or paternal side died before the decedent without any descendants, the entire inheritance goes to the heirs on the other side. If there is a surviving spouse, if one of the grandparents died before the inheritance, the share goes to his own child; to the grandparents on that side if they have no children; If both of the grandparents on one side are dead, their share goes to the other side.

To put it more simply:

Children and children of deceased children, namely grandchildren, are the first degree heirs. If there are children and grandchildren, other relatives other than the surviving spouse, including the mother and father, cannot be heirs. Children have an equal share in the inheritance. The share of the deceased child is divided among his children.

For example, Memati Bey died, leaving behind her three children, two grandchildren from her previously deceased child, her parents, siblings and nephews. Since Memati Bey has children and grandchildren, her mother, father, siblings and nephews cannot be heirs. The inheritance is divided equally among his four children, one of whom has died before, and the share of the child who has died before is equally divided among his own children, that is, grandchildren.

In order for the parents to be heirs, the deceased person must not have descendants, that is, children and grandchildren. If the deceased has no children or grandchildren, his parents become heirs. If there is no mother and father, siblings, if there are no siblings, nephews and nephews, i.e. grandchildren of siblings, become heirs. Heirs have equal shares.

For example, Memati Bey died, leaving behind his mother, father, siblings and nephews. Since Memati Bey is his mother and father, all inheritance remains equal to the mother and father, siblings and nephews cannot be heirs. If there was only one of the parents, the share of the other would be shared equally between the children of the inheritance, that is, the siblings of the legator.

If the deceased does not have children, grandchildren, parents, siblings, siblings and nephews equally inherit.

If the deceased does not have children, grandchildren, parents, siblings and even nephews, the inheritance passes to the grandparents, if they do not have them, their children, ie cousins, inherit equally.

SHARE OF THE LEGACY OF UNCLES, AUTHOR, aunt, and their children, that is, cousins.

If the deceased does not have children, grandchildren, parents, siblings, nephews, grandparents, uncles, aunts and aunts, and if they do not have them, their children, i.e. cousins, become heirs equally.

Those who were born out of wedlock and were established by paternity, recognition or judgement, become heirs from the father’s side, just like relatives within marriage. In terms of the mother, there is no difference between the child out of wedlock and the other children in terms of inheritance.

The surviving spouse inherits the inheritance at the following rates according to the group with which he is together:

If the legator becomes heir with his descendants, one quarter of the inheritance,

If the inheritor becomes heir together with the mother and father group, half of the inheritance,

If the legator becomes heir with his grandparents and their children, three-quarters of the inheritance,

If these are not present, the entire inheritance remains with the spouse.

For example, Hasan Bey died, leaving behind his wife, uncle and still children. Three-quarters of the inheritance will go to his wife, and the remaining one-fourth will be shared equally between his uncle and his aunt.

Adoptive and descendants become heirs to the adopter like blood relatives. The inheritance of the adopted child continues in his own family. The adopter and his relatives do not inherit the adoption.

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