People often ask the question: how to enter into inheritance rights after the death of their mother? What documents need to be provided? Where to contact?
After the mother has died, there are only two ways to receive an inheritance, namely:
- according to a will, provided that one has been drawn up and it has legal force;
- directly by law (if there is no will).
If we talk about the possibility of receiving an inheritance under a will, then everything is simpler here - those citizens who are indicated in the will will receive the inheritance in a share ratio (the shares are indicated in the will itself).
Freedom of testament is a key principle of inheritance law, but there is a slight nuance to it. This nuance lies in the fact that during her lifetime the mother must remember the circle of obligatory heirs.
This circle includes children who have been declared disabled or underage.
They have the full right to receive a share in the inheritance of at least 50% , which they are entitled to by law (in the absence of a will).
If we talk about those citizens who have the right to claim an inheritance after the death of their mother, then they can be the children themselves, as well as relatives from the first, second and further stages.
If a situation arises when the mother is deprived of parental rights, the child still retains all rights to the mother’s property, thus they are the primary heirs. Do not forget that those children who were adopted also have the right to claim an inheritance after the death of their mother.
Inheritance of an apartment by law and without a will
When inheriting an apartment without a will, more difficulties arise than, for example, if you receive a house.
This is due to the fact that several entrances can be made to the house when dividing it between heirs, but this will not work with an apartment. If we talk about the heirs themselves, then by law all members of the deceased mother’s family have the right to claim the apartment.
When inheriting an apartment, the same rules apply as for other real estate. This means providing all the necessary documents for the apartment .
You can often find situations where the mother, while still alive, submitted all the necessary documents for privatization. If such a situation arises, then before inheriting an apartment, it is necessary to file a claim with the court on the issue of recognition of the heirs' ownership rights to it, after which the procedure for entering into inheritance can be carried out.
On inheritance according to law
There are 2 ways to receive an inheritance from deceased parents, regardless of which relative we are talking about. The procedure for transferring an inheritance bequeathed by a mother is no different from that in the event of the death of a husband, father or other relative.
- According to the will.
The notary opens the package with the will in the presence of the heirs and reads out the mother's will regarding the inheritance of her property. After that, those applicants whose names have been announced, according to the law, begin to collect the documents that are needed to take ownership.
If one of them does not agree with the contents of the will, he has the right to challenge it in court. The court may revoke a will when it finds evidence that it was made under duress or that the testator was incapacitated. After a court decision to annul the will, all property is divided equally between the claimants to the inheritance.
A will is drawn up by a citizen with his own hand in the presence of a notary. If a person cannot do this on his own due to illness, then a notary does it under his dictation. The finished document must be certified on behalf of a notary, and from that moment it acquires legal force.
A will drawn up in accordance with the law after the death of the father or after the death of the mother contains a list of relatives to whom the acquired property remains. The document may contain conditions under which you can inherit property - an apartment, house, car, etc., as well as the time frame when the transfer of inheritance will occur.
Persons who are not named in the will have no right to claim the property. If a citizen included in the will died before taking possession, then his close relatives receive the right to a share. These include children, father, mother, spouse.
- In law.
Read also: Requirements for car valuation for legal inheritance
The law comes into effect if there is no will. In this case, the notary also opens the inheritance case and determines the order of candidates. The heirs of the first priority receive all property in shares in accordance with the law. The process of entering into the right of inheritance is monitored by law from the moment the case is opened until they enter into their rights, that is, they receive a certificate of taking possession of the property.
The concept of “inheritance” includes all real estate, vehicles, money, securities, household appliances, antiques, books, all valuable items that belonged to mom and that can be transferred into ownership. Inheriting all the property of parents, father, husband or mother means not only acquiring the right to capital. Along with the real estate, the heir may receive debts on unpaid loans, encumbrances on real estate and other restrictions.
In addition, the value of all probate property will influence how much you will have to pay to conduct the case. How much the heirs will have to pay for registration of the inheritance will depend on the amount of work on the inheritance case.
How to enter into inheritance
The procedure for entering into inheritance is as follows:
- The heirs must contact the notary office at the mother’s last place of residence no later than 6 months from the moment of her death. You should initially find out about the presence or absence of a will. If there is no will, you need to draw up an application with a notary.
- After this, you must pay a state fee of 0.3% of the value of the inherited property. For example, the total value of property by inheritance is 350,000 rubles, respectively, 350,000 * 0.3% = 1,050 rubles will be the amount of state duty.
- Return to the notary's office and pick up a certificate of the right of inheritance of movable and immovable property.
After this, you should register the property that was inherited. To do this you need:
- Contact the Registrar's Office.
- Provide a certificate of ownership of the inherited property.
- Write a corresponding application for registration (in the presence of an authorized person).
You need to remember some nuances. You can receive an inheritance only if the heir has performed certain actions, namely:
- paid off all existing debts of the mother;
- was able to fully preserve movable and immovable property transmitted by inheritance, and calculated the costs of its maintenance;
- was able to guarantee the safety of the inheritance from various attacks on it;
- is engaged in property management.
What are the features of inheritance after the death of the mother?
The rules for inheriting property after the death of parents are prescribed in the legislation of the Russian Federation. It is carried out in each case with its inherent characteristics, since the inheritance case considers property that has different volumes, value, cost:
- The transfer of rights from one heir to another is not prohibited. This may happen if the recipient of the share died before the date of inheritance. In this situation, his rights are transferred to priority heirs: husband, wife, father, children, parents.
- The inheritance goes to the use of the person named in the will, regardless of the degree of relationship. The exception is the children of the testator. They have the right to half the property even if the will does not say a word about them.
- The heir cannot inherit the property partially. For example, if he is entitled to a car and an apartment from his parents, for which the loan has not been paid, then he cannot take only the car. He must inherit them together or give up both. The debt for the apartment will automatically pass from the testator to the heir.
- If the encumbered property is abandoned, the right will be transferred step by step according to the order of priority. If all relatives refused the inheritance due to debt obligations, and an official letter was written about this, then after six months it becomes the property of the state.
- If the heir did not know about his mother’s death, was away, was not notified on time and the deadline for conducting the inheritance case had expired, then he can restore his rights through the court. The court, as a rule, makes a decision in this case to give him time to formalize the inheritance.
- If the heirs do not contact the notary after the death of the mother in due time, but use the property, they are breaking the law. This condition applies to wills from other relatives: husband, father, etc. After 6 months, an applicant of a different priority may apply to the court. The direct heirs will need to provide an explanation as to why they did not contact the notary on time. The court's decision may not be in favor of the first priority due to a violation of the law.
Read also: About documents for entering into an inheritance - which ones does a notary need?
If the property bequeathed by the mother is partly the property of her husband, then this must be taken into account in the case. The heir is entitled to the mother's share, and for the husband's share the will is drawn up by him himself. Such subtleties regarding the will for the joint property of the husband and wife must also be confirmed by documents in the inheritance file.
When inheriting property, a lot of nuances may arise that need to be confirmed within 6 months. After six months, disputed inheritance cases continue in court and can last for years. Each case is a special family story, and resolving all issues is possible only with thorough legal support when it comes to the impressive size of the inheritance.
Registration of inheritance with a notary
The process of entering into an inheritance is always accompanied by contacting a notary office, since it is notaries who are responsible for issuing a certificate of the right to enter into an inheritance .
First of all, you need to remember that you should contact directly the notary office that is located at the place where the inheritance was opened:
- on the territory of the Russian Federation directly in the place where the deceased mother lived;
- outside the territory of the Russian Federation, if her place of residence has not been established.
In turn, outside the Russian Federation you can contact a notary office:
- at the place where the property of the deceased mother is located;
- according to the location of the most valuable property (if, for example, all the property is located in different cities).
It should not be forgotten that in the process of contacting a notary, the heir has every right to submit one of several types of applications, namely:
- about entering into inheritance;
- on obtaining a certificate of inheritance.
There is, by and large, no difference between them, so here the heir himself chooses.
You can send all the necessary documents to the notary:
- using a registered letter with an inventory through Russian Post (it is necessary to order the service of notification of receipt of the letter by the recipient);
- in person;
- with the help of a trusted person (in this case a power of attorney is required).
According to Article 1153 of the Civil Code of the Russian Federation, when sending a letter, it is also necessary to have the signature of the heir certified by any notary.
How is the inheritance divided between the wife and mother after the death of the husband?
» Disputes between heirs September 09, 2020
The procedure for the spouse and children to inherit the husband’s property after his death
When it comes to the death of a loved one, it is always a great loss. Against this background, legal issues regarding inheritance become less important until the division of property and disputes within the family occur. In this article we will talk about the procedure for inheriting property by a spouse and children after the death of a husband, as provided for by current legislation.
Joint property through the prism of legislation
According to the provisions of Art. 256 of the Civil Code of the Russian Federation, Articles 33-34, 38 of the RF IC, property that was acquired by a married couple during marriage is considered their joint property, except for cases provided for by a marriage contract or an agreement on the division of property.
The list of jointly acquired property includes:
- income of spouses received from labor, entrepreneurial, and intellectual activities
- pension benefits and other payments that do not have a specific purpose (financial assistance, compensation for damage)
- movable and immovable things, deposits, shares in capital held in accounts with various credit institutions, securities
- other types of property that were acquired during the marriage.
- own minor or disabled children
- disabled spouse, parents, persons who were dependent on the testator.
- if there are no controversial issues
- if there is no judicial decision available
- if there is no marriage contract.
- by restoring the terms/recognition of the right to property that is subject to inheritance in court
- by contacting a notary and submitting an application to recognize the person as having entered into the inheritance by other heirs.
- fact and date of death of the testator - death certificate obtained from the registry office
- certain grounds for inheritance - a testamentary document, when inheritance is carried out by will, or a marriage certificate, when inheritance is carried out by law
- belonging to the testator of the inherited property - certificate of ownership, extract from the Unified State Register, certificate of state registration of the car
- the value of the property in accordance with an independent assessment of specialized organizations. However, this does not mean that the notary’s office will require you to have such documents. Often, a certificate from the BTI showing the inventory value of the apartment is sufficient.
- In accordance with the will of the testator, enshrined in writing in the format of a special document - a will
- In the absence of a will, shares are distributed according to law.
- The children of the deceased woman, her husband, if the marriage is valid, and the parents should be the first to inherit.
- In the second place, sisters and brothers, grandparents of the citizen take part in the inheritance
- The next to inherit the property are the uncles and aunts.
- Active heirs do not have rights to acquire inheritance
- Current successors are excluded from inheritance on the basis of Article 1117 of the Civil Code of the Russian Federation
- The mother deprived her current legal successors on the basis of Article 1119 of the Civil Code of Russia
- Active heirs did not accept the inheritance on time
- All current heirs belonging to the same line of kinship refused in writing to acquire the property of the testator.
- The fourth group consists of great-grandparents
- The fifth line consists of great-aunts and grandfathers, first-cousin grandchildren and granddaughters
- Cousins and uncles, cousins, great-grandchildren and nephews of both sexes have the opportunity to receive an inheritance in the sixth place.
- The seventh line consists of non-blood claimants to the inheritance, which include:
- Stepchildren
- Stepdaughters:
- Stepfather
- Stepmother.
- The legal heirs of the deceased woman who have had full financial support for more than a year, but these heirs do not belong to the current line of succession by law
- Disabled dependents who lived with their mother for more than a year, receiving full financial support.
- Can inherit in equal shares with the current active heirs of any line of succession
- If there are no more heirs, then they receive ownership of all the property.
- To force an heir to fulfill an obligation, the value of which does not exceed the value of the successor's share, such an action is called testamentary refusal
- To oblige the heir to perform a generally beneficial action, using the money allocated by the testator for such an action, such an action is called a testamentary assignment.
- Mother's death certificate
- Will, if made by mother
- A document determining the relationship of the heir and the deceased woman
- If the heirs are adopted children, then it is necessary to present the adoption papers to the notary.
- Passport of a Russian citizen belonging to the heir
- Documents establishing the mother's ownership and disposal of property
- An extract from government services about the mother’s last place of registration and residence.
- For heirs of the first and second priority of inheritance, the fee is 0.3% of the value of things and real estate inherited by the mother, but does not exceed 100,000 rubles
- For other applicants for inheritance, the fee is 0.6% of the value of the inheritance or share in the inheritance, but is not determined to exceed 1,000,000 rubles.
- How much does it cost to inherit a house in a village?
- What is needed to inherit under a will?
It does not matter in whose name the property was registered or acquired, or for whose financial savings the property was acquired.
The right to common property also has a spouse who, during the marriage, did not have the opportunity to work, earn income, and was engaged in housekeeping and childcare. Other valid circumstances that caused the lack of personal income are also taken into account.
According to Art. 36 of the RF IC, property that a spouse received as a gift and by inheritance during marriage is his personal property. This does not include jewelry or other luxury items.
In the event of the death of one of the spouses, the second spouse retains his right to part of the common property that was acquired during the marriage. The share of the deceased person is defined in this case as an inheritance and can be passed on to the heirs. This is stated in Art. 1150 Civil Code of the Russian Federation. The calculation of the ownership of marital shares is carried out based on their equality.
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For example, if spouses own an apartment, the inheritance includes exclusively 1/2 of the deceased spouse’s apartment. The remaining 1/2 of the housing legally belongs to the surviving spouse. It can be included in the estate by the surviving spouse’s own decision by filing an application to renounce his share.
We recommend that you follow the following instructions, which will tell you step by step how to inherit property acquired during marriage.
Stage 1. Find out the existence of a will
According to the law, the presence of a notarized will of the deceased spouse determines a different procedure for distributing shares of the inheritance, which is carried out in accordance with the wishes of the testator specified in the will. The exception is the rule that provides for a mandatory share of the inheritance.
The point is that the testator cannot disinherit:
Regardless of the contents of the testamentary document, these persons are entitled to receive at least half of their share of the property that legally belongs to them.
Stage 2. We take into account the peculiarities of inheritance in the absence of a will
In accordance with Art. 1141 of the Civil Code of the Russian Federation, in the absence of a will, inheritance occurs according to the law, i.e. in order of priority. Persons who are in the same line receive inheritance in equal shares without taking into account persons who inherit by right of representation. If the deceased person has no relatives of the first stage, the persons of the next stage take over their legal rights of inheritance. The first priority heirs include the children/spouse/parents of the testator. Often they are the ones who inherit the property.
According to Art. 39 of the RF IC, half of the common property of the spouses is included in the inheritance:
Further, this ½ part of the property can be inherited by the second spouse in full or distributed between him and the heirs of the first priority in equal shares. In the event of the death of one of the heirs before the opening of the inheritance, his share is divided in half between the descendants. For example, after the death of a mother and son, the son’s children will receive the inheritance in equal parts.
Stage 3. Entering into inheritance rights
To accept an inheritance, you should contact the notary's office, which is located at the last place of residence of the deceased testator, where you submit an application for acceptance of the inheritance. The document usually reflects a request for the issuance of a certificate confirming the right of inheritance. It is possible to enter into inheritance rights within six months from the date of death of the testator.
If the deadline established by law is missed, inheritance occurs:
Stage 4. Prepare a package of documents for the notary
The standard package of documents that should be submitted to the notary's office to issue the appropriate certificate includes a number of documents.
These are documents that confirm:
In addition, it is necessary to pay the state fee for issuing the certificate and present the paid receipt to the notary.
Regardless of how the inheritance is transferred - by will or by law, 0.3% of the value of the property transferred to the inheritance, but not more than 100 thousand rubles, should be paid to: natural and adopted children, spouse and parents, full brothers and sisters. Other heirs pay 0.6% of the value of the inherited property, but not more than 1 million rubles.
It is possible that you will be asked on an individual basis to provide other documents if the inheritance case requires it.
Stage 5. We receive a certificate of inheritance
Receipt of a certificate confirming the right to receive an inheritance occurs at the end of a six-month period from the date of death of the testator. The notary issues the document based on the availability of the submitted documents. According to Art. 1163 of the Civil Code of the Russian Federation, you can receive a certificate ahead of schedule only if the notary has no doubts about the number of persons claiming to receive the inheritance.
The above instructions are suitable for carrying out the inheritance procedure for all types of property that was acquired by a married couple during marriage - from real estate to deposits in banking institutions. As for capital shares, a slightly different procedure applies here, different from the previous one.
Registration of inheritance rights requires qualified legal assistance, which, as a rule, is not free. According to the latest standards, the cost of a lawyer’s services, taking into account the type of property being inherited, starts from 10 thousand rubles.
How is the inheritance divided after the death of the mother?
The mother can leave her personal property and part of the marital property to her children by drawing up a will, and can expect a legal distribution of property among all successors, including her parents, spouse and children.
To begin using and disposing of the mother’s property, the heirs need to contact a notary and enter into inheritance according to a certain procedure.
How is the inheritance distributed after the death of the mother?
Depending on the basis for the division of parts of the inheritance after the death of the mother, the law provides 2 options:
It should be taken into account that the mother can deprive direct relatives of inheritance if she does not include them in the testamentary document. However, legal successors have a chance to challenge the testamentary document and defend the right to inherit property after the death of the mother.
Inheritance after the death of a mother without a will
If a citizen, before her death, did not draw up a testamentary document reflecting her last will, then the legal successors will be called upon to inherit in accordance with the degree of kinship of each of them in relation to the deceased.
The Civil Code of Russia defines 8 priorities for entering into inherited ownership of property left by a deceased testator:
In cases of inheritance after the mother, there are enough applicants among the first three queues. There is a rule according to which relatives of one line are allowed to inherit only after the absence of legal successors from the previous line.
In practice, there are situations when there are candidates in the active line of inheritance, but the right of inheritance can pass to the next line of successors if:
In life, it happens that all the direct heirs of the mother and relatives of the first three orders of inheritance refused to accept the inheritance of the mother’s property and obligations, in this case it is necessary to call on distant relatives to inherit.
The following sequence is formed as follows:
The basic rule for the distribution of property received from the testator is the equal distribution of the inheritance between representatives of the same line of kinship. The exception is made by heirs by nomination, who inherit the share of their testator, who, in turn, did not have time to accept his legal share in the inheritance after the death of his mother.
Among the heirs, upon presentation, the part of the property that the mother’s legal successor did not have time to dispose of is equally distributed. It is necessary to take into account that if the legal successor is disinherited, then his heirs by nomination will not have the opportunity to receive part of the inheritance.
In legal practice, the eighth line of heirs is distinguished, which includes the following citizens:
Heirs of the eighth line of succession:
Inheritance by will after the death of the mother
The mother can draw up a testamentary document in writing, in which she has the right to describe all the necessary conditions for taking ownership of specific types of her property, and can also draw up a list of heirs and a list of property that will go to each heir.
If the mother is legally competent at the time of drawing up such a document and writes a will on her own, since the assistance of intermediaries is not allowed, then the document is recognized as valid after it is certified by a notary.
A feature of a will is the right of the testator to transfer property after death in favor of any citizen, legal entity or even the state. There is no connection by relationship; the owner of the property can dispose of the property at his own discretion and according to his personal beliefs.
How to inherit an apartment after the death of your mother?
Read here about who has the right to inheritance after the death of their parents.
Often, a mother may make a will to exclude a specific relative from the heirs for personal reasons. The testator must take into account only the interests of the obligatory heirs when drawing up the document, since their rights and obligatory share will in any case be provided to such heirs. Therefore, it is better to mention compulsory heirs, if any, in the will, and determine in advance their share in the total composition of the inherited property.
If the share of compulsory heirs is not taken into account, then close relatives who are unable to work due to age or disability will be able to receive 50% of the estimated legal share of the inheritance in court.
The mother must draw up the will clearly so that there is no situation of discrepancy, since the heirs have the opportunity to turn to the notary for clarification of the meaning of the text of the will. The notary may interpret the text differently and assign greater rights to interested relatives.
The mother's will can be challenged in court by any heir or declared void on the basis of Art. 1131 of the Civil Code of the Russian Federation. The court may invalidate the entire document or several clauses, preserving the remaining provisions in the will as valid.
The testator has the opportunity to include the following points in the text of the document:
How is the inheritance divided between the children after the death of the mother?
All property of the deceased mother is subject to distribution between the children in equal shares, while illegitimate and adopted children are equal in rights; they have the same rights as their relatives. The same rights are given to children born and surviving after the death of their mother.
All disabled children have the right to receive a compulsory share in any development of the inheritance process.
If the mother was deprived of parental rights in relation to the children, this does not detract from the children’s ability to claim her property after death.
How to enter into an inheritance after the death of a mother
The purpose of the procedure for accepting an inheritance is to obtain a certificate of the right to inheritance. In order to start registering an inheritance, you need to find out which notary to contact with an application to accept the inheritance.
Most often, the inheritance case is opened by a notary located at the place of residence or registration of the testator. In rare cases, you have to contact a notary at the location of the more valuable component of the inheritance mass.
It is necessary to take into account that if there is a will, you need to contact the notary who certified the document. A duplicate of the will document is kept by the notary, so if you lose the original will, you can request a copy from the notary.
The most important documents when applying to a notary are:
The following must be attached to the main documents listed above:
An important element on the path to receiving an inheritance is the payment of the state fee, which is determined by the notary depending on the estimated value of the property being inherited.
The duty is formed as follows:
A receipt for payment of the fee is attached to all documents and is a key point in obtaining a certificate of inheritance. After checking all the papers and documents presented by the heirs, the notary, 6 months from the date of death of the testator, issues the heirs a document confirming the right to dispose of the testator’s property.
If we are talking about an apartment, land, car, then before receiving the right to dispose of these types of property, the heir must register his rights in relation to the specified property, using the received certificate from a notary.
Deadline for receiving inheritance after death
The period for entering into inheritance is regulated by the legislation of the Russian Federation and is determined by a period of six months. The starting date of this period is the next day after the death of the mother. If the mother’s death has to be confirmed in court, for example, in a missing person situation, then the date of death will be considered the day the court decision enters into legal force.
An heir who fails to meet the deadline may assume his rights if the court restores the deadline for entering into inheritance. To do this, you need to contact the judicial authorities.
The court makes a decision based on those reasons and facts confirming them that did not depend on the will of the heir, but prevented him from taking over his rights on time. The reasons may be different, the main thing is that the evidence base corresponds to the specified reasons.
To summarize, it is necessary to note another option for entering into an inheritance if the deadline is missed.
If there are no valid reasons for violating the established period for accepting the inheritance, then the successor can agree with the heirs so that they contact the notary and write a statement indicating information about their consent to include a new heir and share the testator’s property with him.
The agreement must be signed by all heirs who have already entered into the inheritance on time. If at least one heir is against it, or his signature is missing from the agreement, the notary will refuse to carry out the procedure for redistributing the inheritance.
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Comments on the article “How is the inheritance divided after the death of the mother?”
How is the inheritance divided after the death of the mother?
How is the inheritance divided between children?
They are treated like relatives, but there is one exception. Adoption is carried out by court decision. Sometimes it happens that, under the terms of the decision, the adopted person can maintain contact with blood relatives. In this case, the adopted person inherits only from his blood relatives, but not from the adoptive parent. Children in respect of whom the testator was deprived of parental rights (that is, deprivation of parental rights does not entail the child’s loss of the right to inherit from the deprived parent).
Thus, one can only disinherit one of the children by making a will.
How is the inheritance divided after the death of the mother?
But, if this house belongs to joint property, then first the marital share (1/2) is allocated, and then the testator’s share (1/2) is inherited among the first-line heirs. 05 May 2013, 12:30 I agree with Oleg, if jointly acquired property, that is, property acquired by spouses during marriage, is their joint property. 2.
Apartment: inheritance or alienation
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.
How is the inheritance divided after the death of the mother?
Moreover, the issue of inheritance is one of the most pressing. People are often interested in how the inheritance is divided between children: is there a difference between children from different marriages, between natural and adopted children? And finally, if one child took care of a parent throughout his adult life, and the other did not, will the inheritance still be divided in equal shares? Let's talk about inheritance by law when a will has not been drawn up.
How is the inheritance divided between persons in the first line of inheritance? (page 1) 1.1.
Entering into inheritance after death
The will must be executed in writing personally by the person drawing up his will. In this case, the person making the will must be fully capable. The existing will must be certified by a notary or persons who have the legal right to do so (chief doctors of hospitals, captains of ships, heads of expeditions or places of detention).
Entering into an inheritance after death: registration rules You can enter into rights in two ways: by submitting an application to a notary and actually accepting the inheritance. When submitting an application, this must be done at the place of residence of the testator.
How is the inheritance divided after the death of the mother?
This can be done because you have priority right of inheritance. Article 1168, 1170 of the Civil Code of the Russian Federation Similar legal questions: Do we have the right to our parents’ apartment?
There were four of us parents. Dad got a 3-room apartment, we were all there. How not to lose a share in the inheritance? When my father died, my sister and I gave up our shares - c.
What will happen to the brother's inheritance share? In 1986
How to receive an inheritance after the death of your father
The bottom line is that the first heirs are always natural children (or adopted children), spouses and parents. Since the child’s parents are divorced, but the father has registered a relationship with the woman, she will also be an heir on the same level as her husband’s own child. That is, despite the fact that the father married a second time, the stepmother will receive the inheritance in equal shares with the man’s first child.
The first wife will have no right to inheritance. Unborn child It is also necessary to consider the situation where the father died, but his wife remained pregnant.
How is the inheritance divided after the death of the mother?
How will the apartment be divided after the death of the mother? Hello. After the death of my father, the owner of the apartment, my brother and I gave up our shares in favor of my mother.
We are registered in the apartment, but my mother is the owner. I am studying and currently living in another country. My brother got married. His wife lives in our apartment, but is not officially registered. Questions: 1) What are the forecasts for the future after the death of the mother?
2) In what order will the apartment be divided? 3) What will my brother’s wife and their possible child be entitled to and what will I be entitled to? 4) Is it worth registering my brother’s wife in the apartment? Sincerely, Anastasia May 12, 2016, 12:57 Anastasia,
How is the inheritance divided?
These are brothers and sisters of parents, that is, aunts and uncles, as well as cousins in accordance with the right of representation. The 4th line of inheritance is the third degree of relationship, that is, the great-grandparents of the testator. The 5th line of inheritance is the fourth degree of kinship. These are the children of the testator’s nephews and nieces (relatives), that is, cousins, as well as the siblings of grandparents, that is, great-aunts and grandfathers.
The 6th line of inheritance is the fifth degree of kinship.
Who will get the apartment after death?
If the deceased had previously drawn up a will, then the successive acceptance of inheritance is not taken into account, only through judicial proceedings. Why only through the courts? Because relatives may consider the wishes of the deceased person inadequate due to the inheritance left to strangers, but this is all decided by the court, taking into account all the nuances. The gift agreement is valid after the death of the owner and cannot be refuted by any relatives in court.
How NOT to divide your inheritance
The presence of a refusal does not simplify or complicate the procedure for registering an inheritance. We periodically encounter situations where heirs renounce the inheritance in favor of one of the heirs for the purpose of a subsequent “fair” division. The same person, having personally received a certificate of the right to inheritance, decides not to share it with anyone. A clever scam, but it is almost impossible to challenge it legally.
Psychological pressure may even be exerted on the heirs in order to force them to refuse.
How is the inheritance divided after the death of the mother?
In this case, it does not matter in the name of which spouse it was purchased, in the name of which or by which of the spouses the funds were deposited. Please note that property received by one of the spouses during marriage by inheritance or as a gift, as well as personal items, except for jewelry and other luxury items, are not jointly acquired property (Article 36 of the RF IC). The surviving spouse retains the right to part of the common property acquired during the marriage with the testator.
How to register and receive an inheritance without a will?
They have the right, equally, to enter into an inheritance and to refuse it. If they refuse, or if there are no immediate relatives at all, then the right to receive property is given to other relatives of the testator in the established order of priority (brothers, sisters, grandparents). If there are no such heirs or they did not receive the inherited property for one reason or another, then uncles and aunts are called upon to inherit.
Enter into an inheritance without a will
The testator's grandchildren and their descendants inherit by right of representation.
The right of representation assumes that 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 corresponding descendants in cases and is divided equally between them. If there are no heirs of the first stage, the heirs of the second stage according to the law are the full and half-blood brothers and sisters of the testator, his grandparents on both the father's and mother's sides.
How is the inheritance divided after the death of the husband?
The law is always on the side of the spouses, no matter what the actual relationship between them is. And once a marriage ends due to divorce or death, certain rules come into force. Let's talk about the second case in more detail.
Inheritance and common property
Let's start by answering the question: what property is considered joint in a couple? This is money (pension, salary, scholarship, etc.) that the spouses received during marriage. Plus, real estate purchased during marriage (household appliances, cars, apartments, etc.). Investments made in the union are also considered common (here about deposits, securities, etc.).
Everything that is recognized as common is divided equally between the spouses, excluding personal property that one of the parties acquired, inherited, or received as a gift before marriage. There will be no division here.
It is clear that after the death of a husband, his wife receives half of the common property. This share is not considered in inheritance. Only part of the deceased person's property is taken into account. For example, half of the purchased apartment is due to the wife, and the rest is distributed among the heirs of the first priority, that is, the wife (she is the same heir, despite the existing share of the property), the children and parents of the testator. At the same time, his personal property is inherited according to general rules and no share is provided for his wife.
Features of inheritance by wife
As can be seen from the above, the wife most often receives half of the joint property, plus a share in the husband’s inheritance (not personal). It is noteworthy that this possibility does not apply to ex-wives. Simply put, at the time of the husband’s death, the wife must be his legal companion. Cohabitants and mistresses can claim a man's inheritance if they were his dependents. It also happens that in a will a husband excludes his wife from heirs. Or, on the contrary, he leaves everything to her. In such a situation, the will of the testator must be taken into account.
But there is an exception here. Even if the wife is not specified in the will, she is entitled to a mandatory share when it comes to the incapacity of a woman over the age of 55 with a disability of 1-3 groups. The same rights are granted to children who are under 18 years of age and to the parents of the testator who are recognized as disabled.
Sources: nedvigist.ru, uropora.ru, patent-centr.ru, m.doorinworld.ru
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List of documents
You can enter into an inheritance only through a notary who carries out his work directly in the region where the mother lived before her death.
During the application process, the heirs, with the help of a notary, draw up a statement of desire to enter into an inheritance.
In addition to the application, you must provide a list of the following documentation:
- original death certificate of the mother (testator);
- confirmation of the region of your last place of residence;
- original passport of the applicant for inheritance;
- confirmation of the fact of a family relationship with the deceased mother;
- will, if available.
All documents are submitted in several copies - originals and copies.
Question answer
Below are answers to the most common questions.
My mother recently lived in Ukraine, while I live in Yekaterinburg. Recently my mother died. Can I submit documents and an application at my place of residence, since I am afraid to go to Ukraine?
Answer
Despite the fact that all documents are available, you cannot submit them at your place of residence. But you can draw up an application with a notary at your place of residence , and then send it and a list of necessary documentation by mail (registered mail) to the notary office, which is located at the place of the mother’s former residence.
My mother died more than 6 months ago. Can I enter into an inheritance if the notary has already opened a file (within this 6-month period) and it is kept by him?
Answer
Yes, of course you can enter into an inheritance, but it will take a little more time. The problem is that it is necessary to contact a judicial authority and demand to establish the actual entry into inheritance .
Once this fact has been established, you can take over your rights without much effort. But at the same time, it is necessary to remember that it is necessary to prove in court that there was an actual entry into the inheritance.
