Can I, after the death of my mother, apply for Chernobol benefits for myself?

How to register an apartment in your own name after the death of your mother

This method involves changing the owner of real estate from the deceased owner to the heirs according to a unilateral agreement. It contains the testator's "final decision".

As for individuals, it is worth emphasizing that the testator has the right to name absolutely any person, even if he is not a relative. Any agreement, including this one, can be challenged if any participant becomes dissatisfied.

How to convince a relative to re-register an apartment? So the question arose of how to convince my father to re-register the apartment to me and my brother. My father avoids a direct conversation, and I don’t want to spoil my relationship with him.

You can change the composition of participants or the size of parts during your lifetime. However, a new document will need to be drawn up. A will can be appealed in court if its provisions are contrary to the law. Hello everyone, friends. I always talk with a heavy heart to people who reach out after the death of close relatives.

Inheritance of an apartment by will

Inheritance by will takes precedence over inheritance by law. If there is a will, the apartment and other property passes to the heir, regardless of the degree of relationship and priority.

But the legislation establishes restrictions in the form of a mandatory share. It is allocated even in the presence of a will in relation to another person to the following categories:

• minors or disabled children;
• disabled parents;
• disabled spouse.

We invite you to read: How to legalize an apartment redevelopment that has already been done on your own in 2020?

At the same time, they inherit no less than half of the share due to them in the case of inheritance in the order of priority.

The will may contain a so-called testamentary refusal. If we are talking about real estate, this is the will of the testator with a requirement for the heirs to grant a certain person the right to use the apartment indefinitely or for a certain period of time. This right will be retained even if the heirs sell the apartment. It is fixed in the unified real estate registration database as an encumbrance.

If the will is declared void or there is no will, the property is transferred according to law. This rule is established by Chapter 63 of the Civil Code of the Russian Federation. According to the law, relatives are recognized as heirs depending on the degree of relationship. The order of succession is established.

If there are no applicants belonging to the first line, heirs from subsequent lines are called in order. If someone from one queue refuses to take over, applicants from another queue cannot take his place. In this case, the inheritance is distributed among the members of his queue in equal shares.

There are heirs who become heirs by right of representation. They have the opportunity to claim property if an heir from the previous line died before the inheritance was formalized. Moreover, they must be his closest relatives. They can claim property as a result of the death of an heir from the previous line before the inheritance is formalized. His immediate relatives will inherit by right of representation.

The heirs are included in the following lines:

1. Spouse, children and parents.
2. Grandparents, brothers and sisters.
3. Aunts and uncles.
4. Great-grandparents
5. Great-aunts, grandfathers, granddaughters and grandsons.
6. Cousins, nieces, aunts, uncles.
7. Stepfather, stepmother, stepsons or stepdaughters.

There is another queue, which includes dependents who do not have the ability to work. They can be called upon to inherit from any of the queues. Moreover, they must be officially recognized as such at least 1 year before the date of death of the testator.

Free online consultation with an inheritance lawyer

In the case of inheritance according to a will, we go to the notary who certified this document. If he is absent or unaware of his existence, contact the office that deals with affairs at the mother’s place of residence or the location of her property.

The exceptions are children under 18 years of age (including those born after the death of the testator), dependents and disabled persons who belong to the first stage of kinship inheritance established by law.

The point is that the mother herself determines in the will not only the circle of applicants for the property, but also the composition of the property that will go to each of them.

However, such a procedure ensures the rights of both the successor and other relatives of the deceased citizen, and contributes to the fair distribution of the inheritance left behind.

Taking into account who the person wishing to inherit is in relation to the testator, they can be assigned to a certain group.

If there is a will, there are categories of citizens who are not mentioned in it, but are obliged to receive their part of the property, including real estate in the form of an apartment.

In this material we will take into account all these features. In addition, you will be able to read experts’ answers to most pressing questions on inheritance.

The required package of documents when accepting an inheritance may vary depending on the type of property that is being inherited.

How is property divided after the death of a husband?

The inherited property of the deceased husband includes movable and immovable things that belong to him at the time of opening of the inheritance, as well as other property, including rights and obligations.
This could be a house, a car, cash, securities, as well as an obligation to pay a certain amount of debt that the spouse did not pay while alive. Property belonging to a deceased spouse has the right to be inherited by his legal wife. She is included in the first place as heirs, along with her husband’s parents, as well as his children, regardless of whether they are married together or not. (Article 1142 of the Civil Code of the Russian Federation).

The property of the deceased is divided in equal shares among all heirs according to the law of one priority. The wife, as well as other testators, have the right to refuse the inheritance; to do this, it is necessary to formalize the refusal with the notary in charge of the case. And in this case, the remaining heirs in line will inherit the property, also in equal shares.

Example

Ivanov’s wife renounced her inherited share of a three-room apartment. She has two children from her marriage to her late husband. The testator has no parents. Accordingly, the real estate will be inherited by two children, ½ share each.

The legal spouse receives the inheritance when the husband dies, in any case, but not always in full. If there is a will, the following categories of citizens from the first priority established by Art. 1142 Civil Code of the Russian Federation:

• Wives, regardless of age, health status and length of marriage.)
• Minor children under 16 years of age, and in case of education – up to 18.)
• Disabled people of groups 1, 2 and 3, regardless of disability.)
• Citizens who have reached retirement age, as well as all disabled family members.)
• Dependents who have been in this condition with the testator for 1 year or more.)

According to the law, after the husband dies, the legal spouse enters into inheritance and has every right to claim half of the property. The other half is safely divided evenly among the remaining heirs.

The testator has the right through a will to change the order of things, then the persons not mentioned in the will, who are subject to compulsory inheritance, will receive only 50% of the share that could have been theirs. After the spouse has died, the will can be challenged, and if there is evidence that it was drawn up under duress, or when the person could no longer be aware of it, it is declared invalid (Article 179 of the Civil Code of the Russian Federation).

The practice of inheritance from its very beginning has had constant refusals of inheritance. The reason is that the inheritance is burdened with obligations. Thus, the most common example at all times is the inheritance of real estate in addition to a debt, which in its volume exceeds the price of the inherited property itself by several times.

Example

The deceased person owns an apartment worth 3,000,000 rubles; in addition, a loan agreement was drawn up with him, and the amount of debt on it represents a large amount of money. In this case, the wife who inherited the real estate of the deceased spouse will be obliged to pay the debt that her husband did not pay at the time.

The main payment option for registering an inheritance is the state fee, the amount of which is established by law. The heir also pays the fee for legal/technical services. These two components make up the total cost of registration.

It is also important to determine on what amount the state duty will be paid, since the value of the inheritance plays a role here. Depending on what property the heir receives, he can use one or another source of its value. The inherited property is subject to assessment after the death of the testator (including father/mother or husband/wife), based on this assessment it is possible to determine exactly how much needs to be paid.

Please note that the type of will or type of inheritance does not affect the cost of probate after the death of the testator. Even in case of inheritance, the law requires payment of fees and related services. But there are categories of persons who do not pay state duty according to the law.

Since the amount of the fee directly depends on this, the issue of determining the value of the inheritance is relevant for the heirs. An expert appraiser can determine the value of property in cases provided for by law. To carry out such activities, he must have a license. The costs of this procedure do not depend on which relative left the inheritance; for inheritance after the father, mother or husband, everything will happen in the same way.

Also, in accordance with legal requirements, the value is determined by the government agency that is responsible for accounting for this property. There are three options for determining the value of property that the heir can resort to:

• The expert can use the value of the property according to the BTI data as the initial value;
• The notary can base his determination of the cost/state duty on data from the real estate cadastre (after 2014);
• An independent expert makes an opinion on the value of the property based on market or nominal value.

It should be noted that contacting an independent expert is not always profitable, and his services create additional costs for the heirs. On the other hand, if the cadastral value of the property is clearly higher than that indicated by an independent appraiser, and this difference also covers the cost of his services, it is more profitable to contact him.

The absence of inheritance tax and the general amount of the fee practically means that the degree of relationship does not affect the cost of notary services. A much more important question will be: how does inheritance occur - by law or by will. And in the latter case, whether the relatives are included in such a will. However, you may need to pay for certain legal services if you are talking about shared ownership of property.

The rules for exemption from paying state fees when registering an inheritance with a notary after the death of a spouse, children or parents remain the same as after other relatives or non-relatives. Depending on the situation, you must either prove the fact of cohabitation at the time of death, or pay the fee in full in accordance with the amount established by law.

We suggest you read: Is it possible to check out of an apartment from another city?

How to re-register a share in an apartment after the death of your mother

After the death of a loved one, it is not immediately possible for a person to navigate and understand how to formalize an inheritance under a will after the death of the mother. As for property, it simply passes to the children if there is no will.

In Russia, the practice of drawing up a will has not yet become widespread, so basically the inheritance is distributed according to the norms of the law.

To solve a specific problem, you need to fill out a form on the website, or to the online consultant on the right.

The mother's property is distributed among all first-degree heirs in equal shares. For example, if she is survived by a son, daughter and husband, then each receives 1/3.

For most of us, our mother is our closest person. And her death becomes an irreparable loss. But life does not stand still. Therefore, after the end of all the sad ceremonies, the need arises to inherit the apartment after the death of the mother.

If the mother, like most citizens of our country, did not leave a will before her death, then her inheritance occurs according to special rules that are established in the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).

1. the first priority includes children, spouse and her parents;
2. the second line is the woman’s brothers and sisters (both full and half-blood), as well as her maternal and paternal grandparents;
3. the third stage implies inheritance by the woman’s uncles and aunts.

The main points of Russian inheritance law are regulated by such regulations as the Civil Code of the Russian Federation, the Tax Code of Russia and thematic laws at the federal level.

If the chosen path is actual, then the heir must perform certain actions that are undeniable and are interpreted as a desire to accept the property as an inheritance.

Until the opening of the inheritance, the will is stored in the notary chamber, being a guarantee of the fulfillment of the last will of the testator.

As after the death of any other relative, the heir applies to the notary’s office within six months from the date of death. After all the necessary documents have been provided and six months have passed from the date of the mother’s death, the child receives an inheritance certificate.

In both methods, the heir is recognized as having accepted the inheritance. According to the law, it is not permissible, for example, to accept the mother’s inheritance, but refuse her obligations. The date of opening of the inheritance is the day of the mother's death. This does not mean that you need to contact a notary to receive it on the same day.

A document confirming the death of the mother: without the original, you cannot obtain inheritance rights. Based on the date specified in this document, the time for opening the inheritance case will be established.

In all other cases, children pay a state fee in the amount of 0.3% of the market price established by an independent appraiser of the property of the inheritance, but not more than 100 thousand rubles. Also, if any of the children has a registered disability of group I or II, then he/she claims a 50% reduction in payment of state fees.

Do heirs have the right to live in an apartment before entering into inheritance?

» Payments and processing costs September 09, 2020

Who can live in an apartment before inheriting

Use of inherited property

Inheriting an apartment and its subsequent sale

To inherit an apartment, the heir will have to contact a notary. At the first stage, at the time of application, the heir writes an application to accept the inheritance. After the notary accepts it, he will explain to the heir what documents need to be collected in order to obtain a certificate of inheritance. In addition to the general documents required for registration of all types of inherited property, in order to inherit an apartment you will definitely need: a technical passport of the apartment, a document that will confirm that this apartment was the property of the testator, a document confirming the basis for the transfer of the apartment into the ownership of the testator.

Who can live in an apartment before inheriting

This norm existed in the USSR and may return to modern Russia. 21 March

On March 20, 2016, a new edition of the third part of the Civil Code of the Russian Federation came into force. The right of heirs to receive an increased amount of funds to organize a decent funeral for their deceased relative is established by law.

September 11, 2020

The Social Insurance Fund of Russia reminded that if the insured person did not receive temporary disability benefits during his lifetime, the employer is obliged to pay it to the relatives of the deceased.

Is it possible to live in an apartment without entering into the right of inheritance?

So the answer is yes. Both heirs have full right to use the apartment Posashkov Pavel Guru (3213) 6 years ago Yes, quite, this is called actual acceptance of the inheritance. Dmitry Orakul (72931) 6 years ago Some kind of documentary reasons for residence are needed. Elena Master (2132) 6 years ago Maybe and should. If there are other heirs, then everyone has equal rights.

Anna Zorina Expert (277) 6 years ago Of course it can.

Who can live in an apartment before inheriting

What can be done in this situation? July 11, 2013, 17:34 Nezhnova Oksana, Yekaterinburg Answers from lawyers (1) Based on clause 4 of Article 1152 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), an accepted inheritance is recognized as belonging to the heir from the date of opening of the inheritance, regardless of the time of its actual acceptance, and also regardless of the moment of state registration of the heir's right to inherited property, when such a right is subject to state registration. According to paragraph

What is the procedure (terms, documents) for entering into inheritance under a will?

which, in fact, is what this article is devoted to. Basic information about inheritance Those who are faced with such a legal phenomenon as inheritance for the first time have a huge number of questions.

In order to get a little comfortable in a new territory, you need to familiarize yourself with the basic information.

First of all, it should be said that there are two types of inheritance: by law and by will.

Is it possible to rent out an inherited apartment?

And at the same time you are required to pay utility bills and rent.

And if there are debts on this apartment, then you are obliged to pay off these debts. You know that not only property is inherited, but also the debts of the testator. It is quite obvious that you cannot sell this apartment.

If only because you do not have the necessary documents to register the transaction with the registration authority. But you can live in this apartment yourself. In accordance with Articles 1152 and 1153 of the Civil Code, you have every right to do this.

Is it possible to rent out such an apartment?

She checked all the documents confirming the relationship and legality of inheritance, warned clients about possible risks, and insisted that this be recorded in the contract. People live. This depends on the integrity of the lessor; almost everyone always knows about possible heirs. Liked post [0]: SVC wrote: Can he legally rent out the apartment?

Liked message [0]: Maybe.

Payment for housing and communal services in the period before inheritance: is it legal?

Is registration a basis for inheritance?

In practice, most citizens are not aware of the rules of inheritance, although sooner or later most will have to touch on this legal issue. The main provisions are enshrined in Chapter 3 of the Civil Code of the Russian Federation; in complex and controversial cases, controversial issues are resolved in court. Of particular importance is the inheritance of property, namely real estate. Knowledge of the provisions on inheritance of housing will allow you to avoid many misunderstandings when opening an inheritance and effectively protect your rights.

Basic provisions on inheritance

There are two ways to inherit property: by will and by law. Notaries deal with inheritance issues, and interested parties should contact them. The issue is considered at the location of the inherited property or the registration of the testator. Presumptive heirs must comply with the statutory period of six months after the death of the property owner; a later appeal is possible in court, indicating objective reasons.

Inheritance by will is possible for any individual or legal entity specified in the last will of the testator. The document can identify several heirs, indicating the property assigned to them. In the absence of allocated shares, the testamentary estate is divided equally among all heirs. A citizen can leave a will not for all of his property, but for a certain part. In this case, the part not included in the will is divided between relatives according to the law.

The absence of a will means the transfer of ownership by law, in which only relatives participate. Legal inheritance considers seven lines of family ties. Close relatives: children, spouses and parents are the main applicants and belong to the first line of kinship. Entry into rights under any form of inheritance can be rejected at the request of the heir. If the applicant refuses to make a will, the inheritance is distributed according to the law, and the will loses its force. If a relative refuses to become an heir, applicants of a lower level are considered by law.

If within six established months no one contacts the notary with a statement of their rights, then the property is considered escheated and goes to the state. In controversial cases, when a judicial review of the issue is necessary, the term of the case is extended until the time established by the court.

You can also challenge the division made by a notary within six months after the issuance of a certificate of inheritance.

When applying to a notary, heirs declare their rights by providing a will or a document certifying the relationship. In addition, you will need a death certificate of the testator, a certificate from his place of residence and documents for the inherited property. The notary has the right to request other documentary evidence confirming the status of the applicants and the property rights of the testator.

After the established period, the heirs receive a certificate of right to inheritance. The act is the basis for applying to the registration authorities to register ownership of real estate, as well as to receive cash deposits and securities. There is no tax on inheritance received, but you will have to pay a state fee. Its size for relatives is 0.3% of the estimated value of the inheritance, the rest of the acquirers will need to pay 0.6%.

Inheritance by registration

Registration in the inherited apartment is not the basis for entering into inheritance rights. When an inheritance case arises, the notary reviews the certificate of ownership of the testator. If the heir becomes a person already registered in the living space, then the entire area or share of the testator goes to him.

If the registered person is not a relative and is not included in the will, he does not acquire rights to the apartment and residence in it. The heir, who has become the new owner of the living space with the tenant registered there, has the right to discharge him with consent or through a court order within the time limits established by law or the court.

Exceptions are the cases described in Article 1148 of the Civil Code of the Russian Federation. Disabled dependents who have been registered in the testator's apartment for more than a year and who were supported by him have the right to inheritance. The dependent may not be related to the deceased, but has the right to a mandatory share of the inherited apartment. If the dependent is a relative, then in order to claim his rights he does not have to be registered with the testator.

It is enough to prove that the citizen supported a disabled relative at his own expense for a year before his death.

Is it possible to live in an apartment before entering into an inheritance?

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It is considered to be the “safest” way for someone who disposes of their property in favor of relatives. But is this method always convenient? The law provides for two options for transferring real estate by inheritance. This is inheritance by law and by will. Inheritance by law occurs much more often in life than inheritance by will. Heirs by law are persons who are closely related to the deceased, most often those who were part of the same family with the testator. That is why the first priority heirs are children, spouse, and parents. Today there are eight lines of succession by law. If there are heirs of a higher order, then lower heirs do not participate in the inheritance. Particularly noted as possible heirs by law are persons who, although not related to the deceased, were members of the same family with him - dependents of the testator.

Question answer

Firstly, the registration process is not burdensome: visiting a notary, drawing up a will without the presence of an heir. The procedure takes about half an hour and costs from 150 to 250 rubles. Secondly, the testator remains the owner of the property until the end of his life and is not tormented by doubts about the fact that he may lose his apartment.

Thirdly, a will can be revoked and made in favor of another person countless times, but only the last one is valid. In the event that the testator really has serious intentions to transfer the apartment only to the only heir, but there are heirs who have rights to the obligatory share, this method of disposing of the apartment is not acceptable. The disadvantages of transferring an apartment by inheritance concern mainly heirs.

5 stages of inheriting an apartment

Often in legal practice there are cases when a citizen has just submitted documents for the privatization of an apartment, but died before becoming the owner of the apartment. Do the heirs have legal rights to this apartment? Yes, they do. Judicial practice is on the side of future heirs, because the citizen (testator) expressed his will to privatize the apartment as his property.

Inheritance by will. The fundamental difference between transferring an apartment by will is that the testator can make a will for his property not only to relatives, but also to any other person of his choice. A will is a transaction, i.e. legal action of a citizen. Article 1126 of the Civil Code of the Russian Federation provides for a closed will.

Registration in an apartment before inheritance

An analysis of judicial practice shows that such contracts are easily terminated if your relative suddenly files such a claim in court. In order for the rent payer to insure against termination of the contract, it is recommended to keep receipts for purchased medicines, receipts for payment of utility bills, receipts for the delivery of money, etc. It is better to enter into such an agreement only with close relatives, because it is trustful and close relationships that can be the best guarantees.

Apartment: inheritance or alienation

To acquire the right to inherit as a dependent, it is necessary to establish that such a person is disabled at the time of the death of the testator. The law classifies as disabled women who have reached 55 years of age, men - 60 years of age, disabled people, persons under 16 years of age, and students - 18 years of age. The share of an heir by law who died before the opening of the inheritance or at the same time as the testator passes by right of representation to his descendants. For example, citizen K. had two sons. The eldest son died before the death of his mother, but had a child (son). After the death of citizen K., she was left with two legal heirs: a son and a grandson (the child of the deceased eldest son of citizen K). In such cases, the grandson by right of grant will participate in the division of the inheritance instead of his father.

Entry into inheritance

Credit Hello! My name is Olya, my husband and I bought a house in the village, registered the house in the name of my husband, the house was built in 1948, we have been living in it for three years, we decided to take out a loan for Severance pay upon the onset of incapacity for work. Having worked for several years as an auxiliary worker (in fact, as a loader) for same company, got intervertebral disc disease. reproach to mother-in-law about accommodation. Hello. My name is Maria. I have been living in a three-room apartment with my husband and two children for 7 years. The apartment belongs to the mother-in-law. In the apartment Vacation in May Hello, the month of May is considered a summer month for vacation? I am the mother of three children 14 years old, 8 years old, 6 years old, I go on vacation in May. I would like it any time

Inheritance law

What unites them is the fact that the owner of the property during his lifetime transfers this ownership right to another person. Let's consider the possible, most common, real estate transactions. Purchase and sale of real estate. If there is a trusting relationship in the family, in my opinion, this is the best way to transfer an apartment to close people. The question arises: what to do if parents want to leave this apartment to their two children equally? Draw up a purchase and sale agreement for two children, each of whom will be the buyer. This method of transferring an apartment has its advantages. In contrast to the transfer of an apartment by inheritance, the property is transferred to a relative immediately upon execution of a real estate transaction. Therefore, you will not have to undergo any additional procedures after the death of your grandfather, grandmother or parents.

Enter the site

Changes in the Civil Code of the Russian Federation On March 20, 2020, a new edition of the third part of the Civil Code of the Russian Federation came into force. The right of heirs to receive an increased amount of funds to organize a decent funeral for their deceased relative is established by law. The FSS explained how an employer should act in the event of the death of an insured person. The Social Insurance Fund of Russia reminded that if the insured person did not receive temporary disability benefits during his lifetime, the employer is obliged to pay it to the relatives of the deceased.

The procedure for such payment is explained separately. 11:06 The Ministry of Justice will help Russians refuse their inheritance Password is someone else's computer Forgot your password? Experts of Day 1 Irina Shlyachkova Order a lawyer's consultation Legal topics: Administrative liability and offenses Civil law. Contracts.

Registration of inheritance through a notary:

Transactions Labor law and social security Biography: 35 years old, higher education in law, work experience in the specialty for more than 13 years. From 2001 to 2014 - assistant judge. From 2014 to the present - private practice on legal issues (arbitration, courts of general jurisdiction). 2 Lyubov Zorina Order a legal consultation Lawyer's topics: Labor law and social security Biography: Education: higher, graduated in 1981 from Lomonosov Moscow State University with a degree in History. Area of ​​interest: labor law, judicial practice in labor disputes. I specialize in the field of labor law and social security.

I have over 15 years of experience in the field of labor law; in my professional activities I have constantly encountered the protection of the rights of both employees and employers. Therefore, I can tell you about the most important labor rights that

Is it possible to live in an apartment before entering into an inheritance?

Adopted children, after the death of their adoptive parents, have equal rights with their natural children. If, by a court decision, adopted children have maintained a relationship with a biological parent or blood relative, they have rights of inheritance after the death of blood relatives and adoptive parents. The interests of children under 18 years of age are borne by guardians and legal representatives.

Non-privatized inheritance The inherited apartment must belong to the testator. However, a non-privatized apartment belongs to the municipality. The testator will have the right to own and use the apartment, but will not be able to sell, donate, or bequeath it. To inherit a municipal apartment, you need to privatize it by filing a claim in court to recognize the apartment as an inheritance. If the tenant of municipal housing was single, the state has the right to move new tenants into it.

MegaSlav May 13, 2009

Hello, dear forum participants

I would like to ask a question that interests me, I hope the topic is not a button accordion, I did not find it by searching.

My wife's mother died in March. After her, a four-room privatized apartment was left in Karelia, in which only she was registered. She did not leave a will. At the moment there are three heirs - the wife, her sister, and her brother. I repeat - none of them are registered in the apartment.

Next week the wife will file an application for inheritance. But at the moment there is a problem - within a few days after the death of his mother, his wife’s brother moved with his family from his dorm into this apartment, and began rearranging there, throwing out the things of the deceased, as well as my wife and her sister, started renovations, and in private in conversations he declares that the apartment is now his, and he will do whatever he wants in it. The indignation of the other heirs at these actions is ignored, they say, you actually live in St. Petersburg, why do you care what I do in my apartment

In this regard, a number of questions have arisen that I would like to ask dear participants:

1. Can a wife evict her brother and his family from the apartment before all heirs enter into inheritance rights? Of course, having first described all things with the help of a notary and sealed the door to prevent access to the apartment for all heirs? Does one of the heirs (who has not officially entered into inheritance rights) have the right to violate the integrity of the sealing in any legal way? And if sealing is possible, what documents must be on hand to ensure this procedure? (you have a document for the apartment).

2. What to do if, after entering into an inheritance, two heirs want to sell their shares in the apartment (or exchange them for other housing), and the third does not agree to this? What would be the most successful way to solve the problem - to sue for the division of the apartment into shares? Or offer to buy out both of your shares at the market price?

3. Can the wife’s brother be temporarily legally registered in this apartment AFTER the death of his mother?

I hope very much for your help.

Almazeg 13 May 2009

2. What to do if, after entering into an inheritance, two heirs want to sell their shares in the apartment (or exchange them for other housing), and the third does not agree to this? What would be the most successful way to solve the problem - to sue for the division of the apartment into shares? Or offer to buy out both of your shares at the market price?

If I’m not mistaken, the rules of Chapter 16 of the Civil Code, Article 250 apply - the brother has a pre-emptive right to purchase, it is necessary to notify him in writing of the intention to sell to a third party, indicating the price and other conditions in the notice. If within a month he does not buy on the specified conditions or refuses, then he can safely sell. You can also donate a small part of your share to the buyer, he will become a co-owner and then sell it to him without applying the rules of Article 250

MegaSlav May 13, 2009

Thank you, point 2 is now clearer.

Alderamin May 13, 2009

My wife's mother died in March. After her, a four-room privatized apartment was left in Karelia, in which only she was registered. She did not leave a will. At the moment there are three heirs - the wife, her sister, and her brother.

within a few days after the death of his mother, his wife’s brother moved with his family from his dorm into this apartment, and began rearranging there, throwing out the things of the deceased, as well as my wife and her sister, started renovations, and in private conversations declares that now the apartment is his , and he will do whatever he wants in it. The indignation of the other heirs at these actions is ignored, they say, you actually live in St. Petersburg, why do you care what I do in my apartment

1. Can a wife evict her brother and his family from the apartment before all heirs have acquired inheritance rights?

No brother. The brother accepted the inheritance through actual actions, thus he is the owner of the apartment. As for his family, moving his family members into the apartment is possible with the consent of all owners. In this regard, your wife has the right not to allow his family members to use the apartment. However, if the case goes to court and it turns out that the wife permanently resides in St. Petersburg and has no interest in using this apartment, then it is not a fact that the court will prohibit the brother’s family members from living in the apartment.

Of course, having previously described all things with the help of a notary and sealed the door to prevent access to the apartment for all heirs?

Since the service is paid, the notary may agree to do this, but, generally speaking, it does not follow from the law that such actions are permissible in the situation under consideration.

Does one of the heirs (who has not officially entered into inheritance rights) have the right to violate the integrity of the sealing in any legal way?

Of course. By any legal means he can think of.

2. What to do if, after entering into an inheritance, two heirs want to sell their shares in the apartment (or exchange them for other housing), and the third does not agree to this?

The question is unclear. Either realize your intentions, or refuse to realize them.

What would be the most successful way to solve the problem - to sue for the division of the apartment into shares?

What do you understand by dividing an apartment into shares?

Or offer to buy out both of your shares at the market price?

There is nothing stopping you from making an offer. It’s just not clear how to understand both of yours.

3. Can the wife’s brother be temporarily legally registered in this apartment AFTER the death of his mother?

What is temporarily legally registered? Being the owner of the apartment, he has the right to have registration in this apartment.

none of them are registered in the apartment

It makes absolutely no difference.

Next week the wife will file an application for inheritance.

Not about entering into an inheritance, but about accepting an inheritance. Inheritance is property. There is no need to submit any applications to take ownership of the property. In this case, come up, open the door and enter.

Buutch May 13, 2009

I want to leave a will for an apartment that I own under a rental agreement (with an encumbrance). Is it necessary to have the consent of the rentee? If so, in what form should he express his consent? Further.

Olga Valerievna! Thank you very much for the complete answer. Only one thing remains unclear. If the deadline has passed, she has entered into an inheritance, then why is she calling and so urgently demanding that her ex-husband refuse. Further.

The apartment was purchased during marriage in the name of the wife. The divorce took place 9 years ago, but there was no official division of property. The ex-husband is not registered in the apartment and never laid claim to it. Only the wife is registered in the apartment. Further.

I inherited 4/5 of the house and the land plot on which the house stands. 1/5 is not included in the inheritance, but is listed as belonging to my late mother, who had two children (me and my brother). The notary explained to me that I did not live with her, therefore I do not have the right to inheritance. Further.

Dad died. There was no inheritance. Mom was the only heir. The garage was registered to my dad. It was not registered as private property. How can a mother register a garage for herself? Is it really only through the court? Further.

In 2002, my father died. According to the will, I am the only heir (there are no other heirs of the 1st stage). According to the will: an apartment in Moscow and 1/2 of a house (and land, of course) in a village (near Moscow). I decorated the apartment. Further.

My mother died when I was 14 years old. In marriage with their father, they purchased an apartment, a garage, and a dacha. 4 years after my mother’s death, my father got married. He was married for 2 years, this year DarkCatalog.ru, a general thematic catalog of websites, died. articles on the topic. As a gift and inheritance from my mother, my father promised to register a garage and a dacha for me at my wedding, but he didn’t have time. Further.

Inheritance - questions and answers

Hello! Recently my husband died; we were in a civil marriage. We have a 3-year-old daughter. My husband owned an apartment. Who will be the first to apply for an apartment? My husband's parents are still alive. Further.

My husband has an apartment in Nab. Chelny Tatarstan, which passed to him from his mother. We live in Moscow Region. He wants to give it to me. How to solve this problem? Thank you. Further.

Dear lawyers. The father died, a privatized apartment remained, and the mother lives in it. What is better for the son: to write an application for renunciation of the inheritance or an application for acceptance of the inheritance? Further.

Is it necessary to enter into an inheritance upon reaching the age of majority? Can we wait? The entry period has expired. 4 years passed after death, but there were no 18 years and that’s why they didn’t join. Now third parties are being forced to join. Further.

In August 2008, my grandmother died. She did not leave a will. In the last year before her death, she was under constant treatment in the hospital. I have been living in her apartment for 3 years and am registered there, and I pay utility bills on time. Further.

Sources: my-accountant.ru, alljus.ru, leks74.ru, forum.yurclub.ru, pravo-nasledstva.ru

Next:

• Textbook: the right to an obligatory share in the inheritance
• What is the tax when inheriting a car?

Comments: 1

• 17.06.19, 20:30
  Oleg

  can I bequeath to my caregiver lifelong residence in my apartment? I have relatives

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How to re-register a privatized apartment in the name of a son after the death of his mother

After the death of a mother, the inheritance is primarily inherited by her children, as well as her husband and parents. This procedure for distributing the mother's property is called inheritance by law. It applies in the absence of a will left by the mother.

In very rare cases, it happens that there is no one to inherit within the first, second or third stages. In such cases, everything that belonged to the deceased goes to his more distant relatives , namely:

1. to great-grandparents (fourth stage);
2. to cousins' grandchildren and great-aunts and grandfathers (fifth stage);
3. to great-great-grandchildren, first-cousin nephews and great-uncles and aunts (sixth stage);
4. to stepdaughters, stepsons, stepmother and stepfather (seventh stage).

The Civil Code of the Russian Federation recognizes such close relatives as natural and adopted children, legal spouses and parents of a deceased person as priority heirs. The testator's property is distributed between them in equal parts. The rest of the relatives do not participate in the inheritance.

It can be appointed by the court only if the plaintiff proves that the deceased had a defect of will at the time of drawing up the disputed document.

The notary sets a date for receiving the certificate. Based on the results of the check, the notary has the right to refuse to issue a certificate and formalize the refusal in the form of an official document.

However, the court also did not see any grounds for refusing to issue a certificate of right of inheritance to the heirs under the will. The judge ruled that the heirs should be issued a certificate for the share that belonged to the testator in the right of common ownership of the bequeathed apartment.

The re-application to the notary occurs after 6 months. You must have all the necessary papers with you. Then an application for the issuance of a certificate is written. After which the notary issues the requested document. Then you need to contact Rosreestr and register ownership. The processing time for documents is 10–30 days. Time frame for entering into inheritance is 6 months from the date of death of the mother.

The law does not oblige her to bequeath anything in favor of, for example, children, spouse or parents. She can even draw up a will solely in order to deprive any of the legal heirs of the right to receive a share in the inheritance (according to Article 1119 of the Civil Code of the Russian Federation).

The apartment was sealed - what should future heirs do?

As soon as the period established by law expires, the question of who seals the apartment after the death of the owner will cease to be relevant. As soon as the new heir comes into his own and becomes the full owner, problems with the protection of real estate will disappear by themselves. Often people interested in inheriting property ask the question: “why is the apartment sealed?” or “who should and can be present at this procedure”?

In order to protect real estate and other property, a mandatory inventory is made, which may be attended by witnesses, representatives of the heir, executors of the will, and employees of the guardianship and guardianship authorities (if necessary). Sealing a room in an apartment before full inheritance means making a thorough assessment of the inherited property and ensuring its complete safety, and subsequently distribution in accordance with the law.

If the parties have not reached an agreement regarding the valuation of inherited assets, an independent expert appraiser with the appropriate knowledge and license is invited. Difficult moments arise when money and other material assets of high value are stored on the territory of the disputed living space. Cash, if it is part of the estate, is deposited by potential owners in the safe of the notary's office by agreement. But it is better to use a depository in a banking institution for these purposes - jewelry, securities and other property for which ownership has not yet arisen are transferred there for safekeeping.

Many heirs are interested in the situation: what will happen if a sealed apartment is opened? The problem often arises at the stage when the owner has been identified by a notary after six months, but other parties prevent him from entering the property. Having documents confirming ownership in hand, he can contact the local district police department or his local police officer.

To finally resolve the controversial situation, you can immediately file a claim with the court. The claim is filed on the topic of obstacles in the use of inherited real estate. After receiving a court decision in his favor, the new owner turns to the bailiffs and receives a writ of execution. If these officials delay the issue of access to an apartment that has been sealed after the death of the owner, it makes sense to complain about their inaction to a higher-level authority or the prosecutor’s office.

How to register an inheritance for real estate after the death of parents?

As follows from paragraph 2 of Art. 1141 of the Civil Code of the Russian Federation, the heirs of each line receive equal shares of what the testator has acquired.

When faced with a situation where a loved one dies, many people experience great stress. However, having sorted it out and pacified the storm of emotions, familiarity with the inheritance procedure is inevitable. When taking steps to inherit an apartment, it is important to know the specifics of this procedure.

In order to discharge the mother from her registered address, submit a document confirming her death to the FMS department in order to discharge her from the place of registration in connection with her recognition as deceased. Then receive a statement that the mother was discharged due to death.

The consent of the heirs is the basis for the notary to cancel a previously issued certificate of the right to inheritance and the basis for issuing a new certificate.

However, even if there is a previous line of heirs (even if it is represented by just one person), it may happen that the next line . Such situations, in particular, include cases when persons from the previous queue:

• are not entitled to receive an inheritance ;
• excluded from inheritance according to Art. 1117 Civil Code of the Russian Federation;
• deprived of inheritance by the mother according to Art. 1119 Civil Code of the Russian Federation;
• did not accept the inheritance;
• refused the inheritance (all without exception).

Heirs who, during the mother's lifetime, disposed of her property or used it to earn money, are endowed with preferential rights of inheritance.

Contacting a notary: procedure and composition of events

Both options for inheriting real estate after the death of parents require the heirs to contact a notary to open an inheritance case and register the inheritance in the prescribed manner.

All applicants for inheritance (real estate) write statements on their own behalf, where they record the fact of assuming the rights of an heir and ask for certificates of the right to inheritance (real estate) to be issued for them. Copies of all documents certifying the right to inheritance must be attached to the application:

• birth certificate;
• will (if any);
• passport;
• death certificate of the testator;
• certificate from the place of permanent registration.

The law allows a fairly short period for submitting an application for inheritance to a notary - 6 months (Article 1154 of the Civil Code of the Russian Federation). The countdown starts from the date indicated in the death certificate of the testator, or from the moment the citizen is declared dead in court (from the date of the court decision). Missing the deadline for filing an application means for the heir the need to go to court to obtain a decision to restore the deadline, but to do this, you will have to document the weight of the circumstances that caused the missed deadline.

After accepting applications from the heirs, the notary opens an inheritance case. The composition of the deceased’s property, the submitted applications of the heirs are studied, the legitimacy of the documents presented is checked, after which all those who apply with the appropriate package of documents will be given a certificate of right to inheritance.

For each of the heirs, it is the certificate of inheritance that is the key document with which the registration of ownership of real estate that is inherited begins. With this document, you must submit an application to the registration authority, submit an application that the property (cottage, apartment, garage, etc.)

It is important for heirs to understand that the time of submitting applications to a notary does not in any way affect the timing of receiving certificates, since the law obliges to wait until six months after the death of the testator to submit applications from all possible successors. It is impossible to speed up the process, and if this was done, then the remaining heirs will be able to claim a violation of the law.