When a lawyer is more reliable than relatives: how a lawyer saves an immigrant's apartment in Russia, which her relatives took away from her - ForumDaily
The article has been automatically translated into English by Google Translate from Russian and has not been edited.
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When a lawyer is more reliable than relatives: how a lawyer saves an immigrant's apartment in Russia, which her relatives took away from her

In 1998, Muscovite Sveta had a unique chance to go to America. The dashing 90s, more than a modest salary, a default that destroyed the last savings ... She did not see any prospects in life in Russia, and therefore hastened to take advantage of the chance. She left with one suitcase, leaving her mother in a two-room apartment on Frunzenskaya Embankment. Mom always told her that this is “your, Svetochka, apartment; come back anytime, this is your home.” And so, with a sense of confidence in her father's house, Sveta flew off to conquer America.

Photo: Shutterstock

With the conquest of America, things were somehow not very good. The visa expired, there were no grounds for changing the status, the boyfriend turned out to be unreliable, pregnancy, the birth of a child ... and all by herself, by herself.

Whether long or short, 24 years later Sveta came to see me. She said that in 1999, her mother died, and she asked her aunt - her mother's sister - to look after the apartment. The aunt lived in Saratov and happily agreed to help her relative. Sveta even sent her a consular power of attorney once while her Russian passport was valid (she didn’t know about the possibility of issuing a notarized power of attorney with an apostille). In general, “everything is under control,” her aunt assured her. And everything was under control until this same aunt died in 2021.

And then Sveta got worried: what will happen to the apartment now? Who will look after her? She still could not leave for Moscow, because she lived in the USA in an illegal status, waiting for her daughter to turn 21 in order to legalize her residence in America through her daughter, a US citizen. And then she heard my broadcast, in which I assured radio listeners that most legal problems can be solved remotely, without having to travel anywhere. And Sveta came to me with a request to take care of the apartment.

— Who is the owner of the apartment? – I asked

“I,” Sveta answered uncertainly, “my mother told me so.” Mom left the apartment to me, but I want to leave it to my Mashenka.

— Did your mother leave you the apartment or give it to you during her lifetime? – I continued my questions.

- I don’t know... I was young, so many years have passed, so much has happened...

— Maybe you signed a gift agreement? What did you sign?

- I don’t know... That’s why I’m here.

When I made a request to Rosreestr, everything became clear. The owner of the apartment was the recently deceased mother's sister, who came to Moscow from Saratov and kept everything “under control”. Why look after someone else's apartment? After the death of her sister, she turned to a notary, declaring that she was the sole heir to her sister (Sveta's mother), and back in 2000 she became the full owner of the apartment.

To say that this news shocked Sveta is an understatement. She was silent for a long time and returned a few days later with a question about what can now be done.

Karina Duval. Photos from the personal archive

I saw two options. The first is to challenge through the court the inheritance rights drawn up 12 years ago. After so many years and with open public registries, this path is somewhat dubious. Perhaps we would have tried to prove the rights of the daughter to the inheritance after the mother and after so many years, but a more promising and predictable path opened up before us. The aunt, who died in 2021, had no husband, no children, and parents, respectively, too. Therefore, brothers and sisters should be called to inherit after her death. A brother from Krasnodar, by the way, did not waste time in vain, and when I went to the website of the Notary Chamber in search of inheritance cases, such a case was found there. But the second heir should have been the long-dead mother of Sveta. And in view of her death, by right of representation, the daughter of the deceased heir is called to inherit.

We are now working on registering Sveta’s inheritance rights to half of the apartment on Frunzenskaya Embankment in Moscow. Her Krasnodar uncle is very dissatisfied with this circumstance, because why does Sveta, who lives in New York, need an apartment in Moscow? He, of course, needs it - he lives in Krasnodar and would gladly move his family to the capital. But Sveta doesn’t need Russian apartments at all.

When I opened your office in New York, I could not imagine how much people living in the US need legal information. They just really need it. After all, if Sveta had received qualified legal assistance in 1999, she could have avoided all these negative consequences by simply entering into an inheritance. But the lack of a source of legal information did not allow her to make the right choice. And the delusions that she cannot leave for the Russian Federation without proper immigration status paralyzed her and did not allow her to move on.

In fact, regardless of your immigration status in the US, you can solve most problems in Russia and other countries simply by issuing a power of attorney. A power of attorney, contrary to common misconceptions, does not need to be issued at the consulate. You can issue any power of attorney in our office, we will legalize it by affixing an apostille, we will send it to Russia ourselves, and we will even inherit it for you if you have no one to trust.

Your ability to solve problems in Russia does not depend on your immigration, social status or financial situation. The solution to many problems depends not so much on the thickness of your wallet, but on the date on the calendar. Many issues can be resolved even for free, just knowing your rights. Some people are afraid to apply to foreign agencies while in an illegal status in the United States. But it's in vain. Your immigration status in the United States will in no way affect your ability to resolve problems in another country, most of which do not require your personal participation. You don't need to go to Russia and you don't even need to apply to a Russian consulate. All that is needed is to sign the necessary documents in front of an American notary and legalize the document through an apostille. In particular, in our office you can not only draw up any documents, but also get legal advice and any other assistance in accordance with the legislation of Russia, Ukraine, and some other countries of the former USSR.

A truly professional lawyer or advocate always acts in the interests of the client, which is not always the case with relatives who may pursue their own interests.

If you don't have a specific case yet, our office You can get legal advice and learn more:

  • on inheritance rights;
  • on pension rights;
  • on the procedure for changing the surname in Russian/Ukrainian and other documents;
  • on the rights to housing left in Russia;
  • about the possibility to check out of this housing without a personal trip to Russia;
  • about the possibilities of finding out your marital status, suddenly you were divorced without you... or not divorced - and then find out how to file for a divorce;
  • how to correctly arrange the translation of official documents so that they are accepted in any country;
  • how to optimize the payment of tax when entering into an inheritance in Ukraine;
  • how to buy or sell an apartment abroad without going anywhere;
  • and many many others…

Material prepared in partnership with

Karina Duval - lawyer, notary, expert in international law

Russian registration: #78/857
NYS registration: 4775086
Notary public, registration: 02DU6376542

tel: + 7 (921) 946-0582 (in Russia) / + 1 (718) 704-8558 (in USA)
Email:
[email protected],
Website:
https://karinaduvall.com/
www.integrika.com

Read also on ForumDaily:

Russian bureaucracy puts spokes in the wheels of immigrants trying to resolve issues remotely: how to deal with it

Pension from homeland for immigrants in the USA: who can receive it and on what conditions

You are an insect without a piece of paper: what problems face immigrants in the USA due to lack of documents from their homeland

documents inheritance loudspeakers notary Karina Duval right to housing
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