Mirasçının vesayete bağlanması ve hakim kararı
Merhaba,
Teyzemi Ocak ayında ani bir şekilde kaybettik. Hiç evlenmemişti ve çocuğu yoktu, anneannem ile beraber yaşıyordu. Mirasçısı halen hayatta olan 94 yaşındaki anneannem, annem, dayım ve diğer teyzem oldu. Anneannem demans hastası olduğundan dolayı miras ile ilgili işlem yapamayacağından vesayet davası açtık ve vasisi olarak büyük teyzem atandı. Hakim sadece emekli maaşının çekilmesi için izin verdi, onun dışındaki herşeye red verdi. Teyzemin pek bir malı mülkü yoktu. Tek mal varlığı bir araba, bankalarda da ölmeden önce yatan son emekli maaşı dışında parası yok ancak bu vasilik durumu nedeniyle miras ile ilgili işlem yapamıyoruz.
Anneannemin emekli maaşı çok düşük, vefat eden teyzem bakımı için birini tutumuştu ve bunu kendi emekli maaşı ve normal maaşından karşılıyordu. Haliyle o maaşlar kesilince sıkıntıya düştük + hakim miras paylaşımına red verdiğinden araba da satılamıyor, ayrıca bir de banka kasası vardı ve dayımla ortaktı. Ona da teyzem öldüğünde bloke koyuldu. Vergi dairesi eşliğinde açılıp içindeki malların paylaştırılması ve vergisinin ödenmesi gerekiyor ancak hakim buna da red verdiğinden hiçbir işlem yapamıyoruz. Miras konusunda aile arasında anlaşmazlık yok. Tek istediğimiz anneannemin masraflarının (bakıcı masrafı, bakıcı ssk'sı, bez mama parası vs) miras payından ödenmesi ama 7 aydır en ufak bir yol katedemedik. Hakim en son da tereke davası açılmasını talep etti. Bu da en az 6 ay sürecek. Bizim bu durumda yapacağımız birşey yok mudur? Anneannemin bakım masrafları ağır ve ciddi bir sıkıntı içindeyiz.
Phil, Milten, Miguel and Candela Barbados
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