Inheritors Claiming The Deceased Spouse’s Participation Claim
This lawsuit is filed between the surviving spouse and the heirs of the other spouse and gives the right to claim. Even if it is not well known in practice, the surviving spouse can file this lawsuit against the other legal heirs of the deceased spouse, as well as the right to claim the participation claim is also possible for the heirs of the deceased spouse. However, the right of claim of the heirs is not unlimited and indefinite. The heirs must assert their claims for the right of contribution against the surviving spouse within a period of 10 years.
Otherwise, the right to claim will be time-barred and the heirs will not be able to make any request from the surviving spouse. Even after the inheritance is divided, if the statute of limitations of 10 years has not expired, the surviving spouse may file a claim for contribution against the heirs or the heirs may file a claim against the surviving spouse for the right of the muris.
.
After the liquidation of the regime of participation in acquired property, the inheritance is liquidated. The surviving spouse is included in the liquidation of the inheritance together with the heirs. In this case, material protection is provided for the surviving spouse twice; first in the liquidation of the regime of participation in acquired property and then in the liquidation of the inheritance. If the surviving spouse has a contribution receivable, this is also a debt of the deceased’s estate.
After subtracting this contribution receivable from the deceased spouse’s estate, the net estate of the deceased spouse is obtained. From this amount, the surviving spouse receives the inheritance right in the proportion appropriate to the group of inheritors. In this respect, it can be said that the surviving spouse’s contribution receivable is actually a receivable that affects the estate by reducing it, but is independent from the estate.
You can access our other article examples and petition examples by clicking here.