Ukrainian legislation provides for an important mechanism for ensuring the execution of court decisions – the seizure of property.
But what do you do when a probate case is pending and you have real estate foreclosure?
If you find yourself in such a situation, it is important to know your rights and the possibility of removing the attachment from the inherited property.
First, it should be noted that the seizure can be applied to the heir’s property as a court decision (for example, as a preventive measure ) or as a decision of the executive service. However, the law provides for situations where the arrest can be lifted, especially in the context of inheritance cases.
One of the possibilities is to submit an application for the removal of the seizure directly to the enforcement agency that imposed the seizure.
The parties to enforcement proceedings have the right to file petitions, submit statements, and state their reasoning in enforcement proceedings. However, these actions may not give the desired result.
In this case, the law provides for an appeal to the court with a demand for the removal of the arrest. If there are circumstances that indicate that further detention is unacceptable or unreasonable and the party proves it in a court of law
One of the key factors that can be taken into account when considering a case is, in particular, the absence of a risk of evading the execution of a court decision. It is also important to consider factors related to the real value of the property.
If the seized real estate is not necessary to ensure the execution of the court decision or its value is insignificant compared to the amount of the dispute, the court can make a decision to remove the seizure.
Also, in the case of securing a claim, it is important to keep in mind the possibility of making a deposit or other types of securing obligations.
If the heir or his representative can offer the court alternative means of security, this can be an additional argument in favor of lifting the seizure.
Also, you should pay attention to the fact that inheritance cases often require a certain amount of time to settle.
In this regard, the court may take into account the prospects of the inherited property and the time frame of the case consideration when making a decision on the removal of the seizure.
In addition, it is important to note all the circumstances that testify in favor of lifting the arrest. This may be the financial condition of the heir, the presence of other means of ensuring the execution of the court decision, or the presence of an illegal fact of imposing such an arrest.
In particular, it is important to highlight any efforts made to preserve the condition of the seized property, such as its regular maintenance or maintenance.
This can convince the court of the seriousness of the heir’s intentions to preserve the inherited property and fulfill all obligations on time.
It is necessary to remember that the participation of a lawyer in an inheritance case is important. An experienced attorney can help develop a competent strategy for removing the arrest, in particular, prepare a reasoned motion and present arguments in court.
In cases where the court’s arrest decision seems unfair or unreasonable to you, it is important to take all possible measures to protect your rights.
Removing a lien from real estate in an inheritance case can be a complicated process, but with proper procedure and professional support, you can protect your interests and rights in the inheritance process.