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Claims for restitution are hereditary

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The issue of claims for restitution and their fair settlement has been dealt with by Mgr. Milan Prielozhny from the law firm INVICTA.

How are restitution claims inherited?

Administratively, it is easiest if the owner bequeaths restitution rights to a specific heir in his will. However, there are much more frequent cases when the restitutor considered the restitution claims exhausted or was completely unaware of their existence. In such a case, claims for restitution are usually transferred by law to the surviving heirs. It is important to note that inheritance will occur even if these claims were not included in the inheritance mass with other property, because no one knew about them during the inheritance proceedings. Such requirements remain and can be discussed in the so-called additional discussion of inheritance.

Is it possible to transfer the restorative claims to potential heirs during the life of the holder of the restorative claims? For example. in case of deterioration of health.

Yes it is possible. In particular, older recipients of restitution decide in advance to pass on restitution claims to their loved ones. For such a donation to be valid and the right to restitution not forfeited, it must only be a direct relative (eg children, grandchildren), spouse, registered partner or sibling of the restitutor.

What should a person do who is not sure if he or she is the rightful heir to restitution claims?

He should contact the land office to see if it registers the claim for restitution of his legal predecessor. However, it may happen that the Land Office registers such a claim as exhausted or does not register it at all. I personally recommend that you have this essential fact verified by someone who is professionally involved in restitution in the land administration.

How do heirs know they have inherited restitution claims?

Ideally, inheritance claims for restitution are listed in order of succession. However, if at the time of the death of the restitutor the Land Office registered his claim as exhausted, the claim for restitution may not appear in the succession decision. Therefore, I again recommend that you contact the land office directly with a request through an experienced intermediary, such as a law firm. His entries may be incorrect.

What should they do next to exercise their rights?

It depends on whether the Land Office registers the claim for restitution in the correct amount. And since this happens infrequently, the heirs of a restitution claim must first receive a correction of its assessment in order to fully exercise it. This means checking historical records to support the actual amount of the claim.

Will the heirs be able to cope on their own or do you need the help of professionals?

In our experience, in situations where the land office does not register the survivor’s remaining claim, notaries cannot provide much advice either. Therefore, we definitely recommend the help of a specialist, especially when communicating with the land administration, so that the heirs can achieve the registration of the inheritance claim in the right amount.

When does a person receive an inheritance? And when does a family or several heirs inherit?

If the restitutor wrote a will, he could indicate in it a specific person who would get all the restitution claims or all the property of the restitutor. In cases where there is no will, the claims pass to the heirs according to legal groups. First of all, this applies to the spouse and children. In other groups, grandchildren/granddaughters, uncles/aunts, cousins, etc. may also inherit.

Can it happen that the heir does not know that he has inherited the restitution claims?

Yes, he can. This occurs especially in cases where the land office has not registered any remaining claims of the restitute. However, if the heir knows or suspects that his predecessor made a claim for restitution, it is possible that he also inherited the right to settle the claim, even if there is no mention of restitution claims in the probate decree. In such cases, I definitely recommend checking the predecessor’s restitution claim records with the land office. We often encounter errors in records.

Source: Blesk

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