THE CAUSES OF PROBLEMS
ENCOUNTERED in SHARING INHERITANCE
People earn money by working throughout
their lives. They use these earnings while they are alive, but when they die,
these earnings continue to remain in their lives as an inheritance. This
inheritance can be shared in many ways with the people in their lives, but
people may encounter many problems while sharing the inheritance. Why do people
encounter problems when sharing the inheritance? Sharing a single inheritance
among many people is not an easy thing. There are many causes for the
difficulties experienced during inheritance sharing. These are especially,
intra-familial disputes, unprepared wills and legal uncertainties.

The first cause is intra-familial disputes.
A problem between family members causes problems during inheritance
sharing.This situation prolongs the inheritance sharing process and creates conflict,
especially if there are disgruntled members of the family. For example, as
mentioned in Sharing Inherited Properties, Probate and Succession Proceedings
Between Siblings in Turkey 2023 “If one of the heirs does not give a signature
or power of attorney, and does not approve of the division of the inheritance,
the inheritance is divided by the court in accordance with the provisions of
the inheritance law with the application of one of the parties to the civil
court of peace." (Delil, 2023)
Agreement is crucial to avoid such tensions.
Moreover, the fact that the deceased person
did not adjust a will while she was alive causes problems during
inheritance sharing, because the will prepared by the deceased contains
detailed information about the distribution of all assets, and thanks to this
information, the inheritance is shared. Moreover, since it is an officially
valid document, the heirs can not object to this decision. However, a will that
has not been prepared beforehand causes many problems.
Finally, problems may arise when sharing inheritance due to legal uncertainties and rules that vary from state to state.
For example, in some states, gender-based sharing is made, while in some
states, the entire inheritance is divided equally among the heirs. As the
Findlaw site mentions in its article Inheritance Law and Your Rights, “In most
states, once a divorce is finalized, the bequests made in the will to the
ez-spouse prior to the divorce are automatically revoked. In some states,
divorce has no effect on bequestes to an ex-spouse” (Inheritance Law and Your Rights, 2023)
Consequently, many problems may occur
during inheritance sharing, and the main reasons for these are family disputes,
unprepared wills and legal uncertainties. In order to avoid such problems,
strictly following the inheritance laws and learning up-to-date information are
very efficient in this process.
INHERITANCE THAT CAN NOT BE SHARED DURING DIVORCE
During the divorce process, some disagreements may arise between the spouses while sharing the inheritance. So how can we deal with this disagreement? Sharing inheritance during divorce can create conflict between spouses and become a painful situation. There are many solutions to this problem, but these are especially, increasing communication between the parties, getting professional help and applying to court.
The first of the solutions is increasing the communication between the parties because lack of communication plays a big role in this dispute process. For example, spouses can solve the problems they experience when they clearly explain their wishes and desires and take a mature stance. In other words, healthy communication contributes greatly to the solution of this problem. Moreover, spouses can solve the conflict problem they experience by getting professional help, because the divorce process significantly wears the parties out physically and psychologically. For example, by consulting a mediator, they can solve their problems in a shorter time and without being emotionally worn out.
Finally, applying to the court contributes to officially solving the problem. The court approaches the rights of the parties in a protective manner and makes the best decision because children also have some rights when sharing the inheritance. For example, as the findlaw site mentions in its article How Is Inheritance Handled in Divorce " In most cases, each spouse can bequeath their own separate property as well as their share of the marital property how they see fit." (Coble, 2023) Also, as The Ramsey Show Highlights YouTube channel mentions in its video titled How Do I Split An Inheritance With Family When It's All In My Name "An inheritance that belongs entirely to one of the spouses does not require sharing during the divorce process." Applying to the court in this process solves the problem with the help of this and similar legal information. (Ramsey, 2013)

Consequently, during the divorce process, some disagreements may arise between the spouses while sharing the inheritance and solutions to the problem can be found by using methods like, increasing communication between the parties, getting professional help and applying to court. In this difficult process, the parties should not cause any problems and should end the process and resolve it as soon as possible without any damage.
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