ayse

I'm Turkish and my father is giving his flat in Istanbul to my sister before he dies, so that she would not have to pay inheritance tax. However, he has promised that the furniture, artworks etc in the flat would be shared between my sister and me equally.

Should my father pass away (and does not have a will), will I still be entitled to half the belongings (as there is no spouse, just me and my sister), if the deed is on my sister's name at the time of death?

I would be grateful if you could help me in this matter.

Ayse

Susan

Aysel,

It appears that your father while he is alive is transfering his property to your sister as a usufruct, which means that he can live there as long as he lives but on his death it all goes to your sister as it will be in her name.

Or he may just be stating that he has sold the property to your sister without any money passing hands at all, which I am sure can be done at little expense, it can in other parts of the world.

Unless he states in a will that the furniture ect and each item named what is to go to each of you or to be sold and then shared between you and your sister I am not sure what you can do on this, if it is all in your sisters flat when your father dies.

Maybe your father thinks you have done well for your self in life and your sister needs his help and is giving her the flat before he dies to make sure she has somewhere to live after he has gone.

Have you not spoken to your sister and father about all of this to try and sort something out between all of you.

Death is such a sad thing in a family, without having to argue about who should have what after the sad event.

You would be wise to seek the guidence from a lawyer.

Susan

immac

I think (based upon information from a Turkish friend with similar problem) that even if your father makes an arrangement, with or without a will, he can not stop you getting your legal share of the inheritance.
You have, I think, one year after his death to take the problem to the court. It would then be shared according to Turkish inheritance law, even if this was not what your father wanted. Your sister would have to prove that she paid for the apartment herself to stop you getting your share.
It is best to discuss these things now with your father and get him to make a will leaving you what you want, to avoid complications after his death. If you are happy with your sister having the apartment, she will be happy, I think, to give you what you want to avoid a court case and family arguments after his death.

Ian

Nietje50

This is not a reply but I have a little different story. My father died nearly 1 year ago. He was dutch and lived in Holland. He had property in Turkey where he went to on holidays He left a will which was drawn op at a notary here in Holland, unfortunately he left everything to his girlfriend but nowhere in the will does it state that his house in turkey also goed to her. My father wanted to change the will shortly before he died so my name would be in but he died before he could do this. However my question is does anyone know if a dutch will is accepted in Turkey. Does the Turkish law recognise that I am the daughter of my father and would the property go to me. Please let me know as.soon as possible I would really appreciate this. It seems totaly ridiculous to me that a ladyfriend (my father was not married to her) of only 4years relatioinship can have my fathers house in turkey. I would really like to know if the turkish law overrules the dutch will. My father as far as I know did not make a will in turkey. Thank you for your prompt answer greetings anita

kaplumba

You really need to go to Turkey, find a lawyer and sort this out soon. I would suggest you need to take as many documents as you can with you such as birth and death certificates, passports etc. I do not have any legal knowledge to advise you but from everything I have read it seems that children off the deceased must be provided for under Turkish law.
http://www.turkisheconomy.org.uk/bu...perty_taxes.htm
You may find this web site useful.

mushtaq

Anite, see reply to your thread here http://www.turkishliving.com/forums...d-partners.html