The procedure for receiving an inheritance after the death of a brother or sister in 2020

Types of inheritance

How to enter into an inheritance after the death of a mother? Children can do this in two ways: formalize the receipt of the inheritance from a notary or make the actual entry.

Inheritance with registration

The first method of entry involves all heirs contacting a notary office to express their rights. To do this, an application is written and a package of documents is collected. Six months after the death of the testator, the notary issues an inheritance certificate to each recipient of the property. This document confirms your right to certain of your mother’s possessions: all or part of it (if there are other heirs).

Based on the certificate of inheritance, you can contact the registration authority to register in your name the ownership rights to the property allocated to you.

Actual acceptance

The actual entry does not require the heirs to contact a notary office. It is enough to start using, for example, your mother’s apartment after her death. This method of entry is characterized by the presence of actions on the part of the heirs in relation to the inheritance. Receivers can live in an apartment, drive a car and incur related expenses (payment of utilities, taxes).

But this method does not provide the opportunity to fully manage the mother’s possessions. If it becomes necessary to sell the home, it will be impossible to do so without a certificate of inheritance. You can register the entry upon actual acceptance at a notary’s office by providing the specialist with evidence of use and safety of the property. But often the notary refuses to register the case. In this case, you should write a statement of claim to the court to recognize your rights. Registration of an inheritance after the death of your parents through the court requires certain evidence. These may be receipts for payment for utilities, service agreements, statements of repayment of debts of the deceased.

It is possible to obtain a certificate of inheritance only if there are actions in relation to the mother’s property that were committed within 6 months from the date of her death.

Who has the right to inheritance after the death of the mother?

The legislation of the Russian Federation, namely Article 1111 of the Civil Code of the Russian Federation, determines the specific order of heirs who have the right to receive valuable real estate under the law on a par with receiving real estate under an existing will.

The closest relatives may be the first to claim the inheritance:

• spouse;
• parents (adoptive parents) of the deceased;
• children (including adopted children);
• grandchildren (by right of representation).

They all belong to the first line of inheritance. A spouse can enter into an inheritance if, at the time of his wife’s death, they were in a marriage officially recognized by the civil registry office. If, on the contrary, in the event of divorce, the husband loses the right to inheritance.

The grandchildren of the deceased (children of a daughter or son) are treated similarly as heirs of the first priority, if their parent is not alive who could become an heir. They get his share of the inheritance.

For example, a mother had a son and daughter. At the time of the opening of the inheritance, the son died, but his two children remained. Thus, the inheritance will be divided equally between the mother’s children, ½ each, but since one of them died earlier, his grandchildren will receive their share of the inheritance, ¼ each.

In the event that there are no heirs of the first stage or they have refused the inheritance, they may become relatives of the next stages - second, third, etc.

The order of kinship after the first is distributed as follows:

• second - brothers/sisters, grandparents;
• third – uncles/aunts;
• fourth – great-grandparents;
• fifth – cousins, brothers/sisters of grandparents;
• sixth – cousins/nephews/great-grandchildren;
• seventh - relatives who do not have a blood connection (stepmother, stepfather, stepdaughter, stepson).

There are also cases when the court may find the official heir unworthy to receive such a valuable gift.

By a court decision, a relative who has committed illegal actions against the heir or persons who also have the right of inheritance to this valuable real estate may be recognized as an unworthy heir (Article 1117 of the Civil Code of the Russian Federation).

Disabled people who were dependent on the deceased also have a full right to a portion of the inheritance.

If no will was written by the mother, then all valuable property after her death is divided in different shares between the heirs. The deceased also has the right to bequeath all her property to a specific person or organization (state) and then the order of the heirs does not matter.

Can a mother be an heir after the death of her son?

The primary heirs are determined by Article 1142 of the Civil Code of the Russian Federation (hereinafter also referred to as the “Civil Code of the Russian Federation”).

They are:

• parents (except for those cases where they have been deprived of parental rights);
• children (of any age);
• spouse (with whom the deceased was in an officially registered marriage and such marriage was not dissolved at the time of death).

If all the heirs of the first circle of inheritance are alive, are not unworthy persons and have not refused to enter into the inheritance, then they will all receive equal shares.

The mother, as the heir in first place, will also receive part of her son's inheritance.

It is important to note that if the man was married, then their joint property with his wife will be divided in half, in accordance with the provisions of Article 1150 of the Civil Code of the Russian Federation. One part will remain with the wife, and the second part of the property will be included in the inheritance share for redistribution among the heirs.

If a man at the time of his death had a living mother and father, and also had an official wife, then all his property will be divided between them in the proportion of 1/3 each.

In the same case, if the deceased left a will, the property will be distributed according to its terms.

The will can provide for any heirs, however, the freedom of testamentary will will be limited by the imperative norms of Article 1149 of the Civil Code of the Russian Federation, according to which, regardless of who is indicated in the will, compulsory heirs must receive part of the inheritance.

According to the Civil Code of the Russian Federation, such heirs include:

• minor or disabled children (both natural and adopted);
• disabled parents (including adoptive parents) and surviving spouse;
• other disabled dependents who were dependent on the deceased for at least a year before death.

The testator could indicate that only his wife and father receive the inheritance. The will is not required to indicate the reasons that prompted its compiler to outline the circle of heirs in this particular composition, just as he will not be required to indicate the reasons for the disinheritance of the mother.

If the will is drawn up in this way, then the father and wife of the testator will each receive ½ share of the inheritance.

But if the testator’s mother is disabled (due to age or disability), then she will receive part of the inheritance as a compulsory heir.

According to the law, a compulsory heir must receive at least half of what would be due to him if he inherited by law.

Who has the right to inheritance after the death of their parents?

Can a brother be a first-line heir? Read here.

Who has the right to inheritance in the first place, read the link:

In the above example, in the absence of a will, the wife would receive 1/3 of the inheritance share. Half of this value is 1/6 of a share.

Thus, the disabled wife will receive 1/6 of the share, and the entire remaining inheritance will be divided between the wife and the father of the deceased testator in equal shares.

If the mother of the deceased was not his own, but she carried out the adoption procedure in the past, then she is equal in the legal sense to the biological mother and will have the right to inherit first of all by law or to be a mandatory heir in case of incapacity.

In the same case, if the adoption procedure was not carried out, and the woman was only a stepmother in relation to the deceased, then she will inherit only in the seventh stage.

Who are the heirs of the first priority according to law?

Ch. 63 of the Civil Code of the Russian Federation establishes the procedure for receiving the inherited property of a deceased citizen in order of priority. The basis for inclusion in the inheritance queue is family ties. The list includes all the relatives of the deceased, starting from the closest (children, parents) to nominal ones (stepfather, stepmother).

Heirs receive the right to the owner's property in the event of his death, in the absence of a will. Initially, the right to claim is vested in the heirs of the 1st stage.

These include (Article 1142 of the Civil Code of the Russian Federation):

• parents;
• children;
• husband wife;
• dependents.

Spouses

The first priority includes a husband or wife who was in a registered marriage with the deceased. The so-called “common-law” husband or wife - cohabitants or dependents - cannot claim inheritance by law except in cases provided for by law (this will be discussed below).

However, when talking about inheritance after the death of a spouse, we must keep in mind that not everything can be divided between relatives. The fact is that everything that was acquired during marriage is joint marital property and belongs to the husband and wife on equal rights. Therefore, before proceeding with the inheritance procedure, it is necessary to separate out from the joint property of the spouses - half, the share of the living spouse, and only then distribute among the heirs - the second half, the share of the deceased. Property that was received into ownership before marriage, or was also inherited or received as a gift during marriage is not considered joint property, and therefore is not subject to allocation to the marital half.

After the death of her husband

A complete list of heirs in the event of the death of a husband:

• spouse;
• children;
• husband's parents;
• dependents.

In the event of the husband's death, the official wife has the right to a share in his property. The key factor is the registration of marriage relations.

Important! Cohabitation is not taken into account by the legislator. Common-law spouses have no rights to a share in property in the absence of a will.

Also, the ex-wife loses her rights to the share. However, if a marriage is dissolved in court, the spouses are considered divorced from the moment the court decision enters into legal force. If the man died before the specified period, then the woman can claim the due part of the property of the deceased.

In addition to the spouse, the children of the deceased are entitled to property. All children whose man is included in the documents as their father are included in the heirs. Establishment of paternity could be formalized either by the father’s application or by a court decision.

If a man dies before paternity is established, the interested party can initiate a process to establish paternity in court. Therefore, the composition of recipients may change during the inheritance process.

After the death of his wife

Full list of recipients of the deceased wife's property:

• children;
• husband;
• dependents;
• wife's parents.

The estate includes all the wife's personal property and ½ share of the jointly acquired property during the marriage. To determine the inheritance mass, it is necessary to first allocate the marital share from jointly acquired property (Article 1150 of the Civil Code of the Russian Federation).

To do this, the husband must contact a notary. If a man does not allocate his share of the common property, then it will be inherited according to the general procedure.

The citizen submits an application and supporting documents. On this basis, the notary issues a certificate for ½ share in the joint property of the spouses.

The following must be presented as supporting documentation:

• title documents;
• marriage contract;
• agreement on the allocation of shares in joint property;
• court decision on the division of property during marriage.

If there is a document on the division of property, the notary allocates a share for the spouse on its basis.

If the identified property belonged only to the wife, then half of the property is not allocated to the spouse. The distribution of the inheritance occurs in equal parts among the legal successors of the same line, including the husband.

Parents

The father and mother of the deceased are the heirs of the first stage. Moreover, it does not matter whether the father and mother live together or are divorced. Adoptive parents are treated like - they have the same rights as natural parents, unless the adoption has been canceled in court. But guardians and trustees, as well as adoptive parents, are not heirs (see “Does a guardian have the right to the inheritance of the ward?”).

The father and mother who were deprived of parental rights in court on legal grounds (in relation to the testator) also do not have the right to inherit.

After mother's death

Full list of applicants for the property of the deceased mother:

• children;
• husband;
• her mother and father;
• dependents.

The right of inheritance after the death of a mother extends to all her children. The heirs include:

• children from each marriage;
• illegitimate children;
• adopted children>;
• children in respect of whom the woman was deprived of parental rights.

If the children are minors, their interests must be represented by the father. In the absence of the father, powers are transferred to the district guardianship department.

If children are raised in a foster family (guardianship, foster care) or in an organization for orphans, then the protection of children's interests is entrusted to the foster parent or the head of the organization. Such a person can refuse to accept an inheritance only with the consent of the guardianship authorities.

Each child, along with the woman’s husband and the parents of the deceased, is entitled to a part of the mother’s property.

Proof of family ties is a birth certificate, which is issued by the registry office. If the document is missing, a duplicate must be issued. If the certificate contains a typo, then you need to go to court to establish the fact of relationship.

After my father's death

List of claimants for the property of the deceased father:

• children;
• spouse;
• his mother and father;
• dependents.

In the event of the death of the father, the right to a share in the property is vested in:

• children born in each marriage;
• illegitimate children for whom paternity has been established;
• adopted children;
• children conceived during his lifetime.

A feature of inheriting the father's property is the possibility of new candidates appearing.

An interested citizen can establish paternity in court posthumously. In addition, unborn children are also called upon to inherit.

What rights do unborn children have? In relation to an unborn child, the right of inheritance arises from the moment of birth (Article 1116 of the Civil Code of the Russian Federation). If there is evidence of the conception of such a child, the division of the inheritance is made after the birth of the baby.

Moreover, the question of inheritance of property by children does not depend on the marital relationship between a man and a woman. It is enough to have a record on the birth certificate indicating who the child’s parent is.

If there is no such entry in the document, then the interested person will have to go to court and establish the fact of paternity posthumously.

Children

Along with parents, children are also the primary heirs. Even if the testator was deprived of parental rights, he loses the right to inherit after the death of the child, but the child does not lose the right to inherit after his death. This is because a father or mother who is deprived of parental rights loses all rights associated with parenthood, but is not relieved of parental responsibilities.

Biological children have equal inheritance rights with adopted children . But if the testator was married to a spouse who has children who are not relatives of the testator and were not adopted by him, they will not inherit after his death. According to the law, stepsons and stepdaughters are heirs of the seventh stage, and can claim rights to the property of their stepfather or stepmother only if there are no representatives of the previous six stages.

Sometimes, during the process of inheritance, confirmation of the child’s origin from the parent is required. In this case, a post-mortem genetic examination can be carried out in court.

It should also be said about children who were born after the death of the testator - they also have the right to inherit.

Adopted children

Adopted children are given all the rights of inheritance, like natural children. The rule does not apply in cases where the adoption was canceled by court before the child came of age.

Like a natural child, an adopted child may be disinherited. But if he is a minor or disabled, he can also claim a compulsory share if there is a will.

Illegitimate children

With regard to illegitimate children, everything is not so clear:

1. If paternity and maternity are established in relation to an illegitimate child, then he is entitled to all the rights of an official son/daughter. He receives the right to inheritance on an equal basis with the children of the deceased born in marriage.
2. If paternity or maternity has not been established, then such a child may receive a share in the inheritance under a will. To receive an inheritance by law, such a child must establish a family relationship through the court.

Heirs of brothers and sisters

Inheritance from brothers and sisters is possible both by law and by will . Adopted children inherit in the same manner as blood relatives of the adoptive parent, acquiring the same rights and obligations.

Direct heirs after the death of a brother

Heirs of the first stage or “direct” are the people who are primarily called upon to inherit by law. In total, there are 8 lines of applicants, and their composition is approved in Art. 1142–1148 Civil Code of the Russian Federation.

First line applicants

The first to inherit are:

1. Children. They become the primary heirs even if the father was deprived of parental rights. Stepsons and stepdaughters inherit equally with half-blooded children if they are adopted and there is an entry about this in the registration book. The unborn children of the testator, but conceived by him during his lifetime, will also be successors after birth. Their interests are represented by their mother.
2. Spouses, but only subject to a legal marriage. The spouse initially owns half of the jointly acquired wealth, and the remaining portion is divided among the remaining applicants.
3. Parents are blood or official adoptive parents. Guardians, trustees, stepfather or stepmother are not included in this group.

If adoptive parents or parents are deprived of parental rights in court, they are deprived of the right to inherit for their children.

By will

If the testator has drawn up a testamentary document where a sister is indicated among the recipients, then she and other persons designated in the document have the right to the property left behind.

In accordance with Art. 1116 heirs under a will can be individuals, legal entities, municipal and foreign organizations.

A will reflects the will of the deceased. Even if there are first-rank applicants, the property will go to the persons specified in the document. This is how the principle of freedom of will works (Article 1119 of the Civil Code of the Russian Federation).

The document is drawn up only by a legally capable person and must be notarized, otherwise it can be easily challenged in court.

A will is not permanent. It can be changed throughout life or completely abolished. Its main advantage for the owner of valuables is the opportunity to dispose of acquired benefits during his lifetime.

The fact that a relative left a will can be reliably known only after the opening of the inheritance, that is, after the death of the testator or his recognition as such in court.

It is possible that relatives will be named in the will as designated heirs. If the main claimant refuses the inheritance or cannot accept it due to personal circumstances, another person accepts his share instead.

Can a sister inherit after the death of her brother?

A sister can inherit on one of the following grounds:

According to the law, sisters and brothers are heirs of the second stage (Article 1143 of the Civil Code of the Russian Federation). This also includes grandparents and, by right of representation, nephews and nieces.

Example. After the man's death, real estate remained in the form of an apartment. He had no children, and his parents did not want to enter into the inheritance, so the heirs became representatives of the second line: the brother of the deceased and 2 nephews (children of a previously deceased sister) by right of representation. Each of the applicants got: the brother – ½ of the apartment, and the nephews – ¼ (their mother’s share, which she would have received during her lifetime, was divided in half).

By will

If the testator has drawn up a testamentary document where a sister is indicated among the recipients, then she and other persons designated in the document have the right to the property left behind.

In accordance with Art. 1116 heirs under a will can be individuals, legal entities, municipal and foreign organizations.

A will reflects the will of the deceased. Even if there are first-rank applicants, the property will go to the persons specified in the document. This is how the principle of freedom of will works (Article 1119 of the Civil Code of the Russian Federation).

Can a brother claim his brother's inheritance?

A brother can claim his brother's inheritance. The law provides for this possibility in the following cases:

1. The primary heirs abandoned the property.
2. The recipients of the brother's property were considered unworthy heirs.
3. The legal successor was recognized as a dependent of the deceased.
4. The brother executed a will in favor of his brother.

However, in practice, the transfer of property rights is carried out between close relatives. Whereas brothers and sisters belong only to the second line of kinship. Therefore, they are not entitled to an inheritance. The exception is the presence of a will or the absence of primary claimants to the property of the testator.

If the applicant is a dependent of the testator, then he receives the property as follows:

1. If there is a will, the obligatory heir can only count on ½ share , which is due to the heir by law.
2. According to the law, he can enter into inheritance rights on an equal basis with relatives of the 1st stage (Article 1148 of the Civil Code of the Russian Federation).

Procedure

General procedure for applicants for inheritance:

1. Preparation of documents.
2. Submitting an application to a notary.
3. Carrying out property valuation.
4. Payment of state duty.
5. Repeated visit to the notary's office.
6. Obtaining a certificate of inheritance.
7. Registration of property with the relevant government agency.

Procedure

Initially, it is necessary to establish the place of opening of the inheritance.

Possible options:

• at the place of last official registration of the deceased;
• at the location of the testator’s own real estate;
• at the place of storage of the most valuable property of the deceased;
• by court decision (if it is impossible to establish the place of opening of the inheritance, the successor may apply to the court to establish such a place).

Parents of the testator

Sometimes it happens that a person’s father or mother was at one time deprived of parental rights and did not raise him. Such parents cannot claim the property of their adult children.

Please note: the law protects the interests of parents who have fulfilled their duty, but are offended by their children: if the testator did not include in the will the father or mother who lost their ability to work, they will in any case receive an obligatory share of the inheritance.

Ways to receive an inheritance

At the legislative level, there are two ways to obtain inherited property:

Expert commentary

Shadrin Alexey

Lawyer

In the latter case, do not forget about the right to an obligatory share established by Art. 1149 of the Civil Code of the Russian Federation. The testator's minor or disabled children, as well as incompetent parents, must receive less than 50% of the share that could pass to them upon inheritance by law. That is why they can challenge the will, as well as the heirs of all three orders, if they manage to prove that their rights to property have been violated.

What norms of the Civil Code of the Russian Federation regulate inheritance issues:

How is the inheritance divided after the death of a brother?

The general procedure for inheritance involves the registration of rights to inherited property within a period not exceeding six months from the date of death. This rule applies to all groups of heirs, regardless of the degree of relationship. Direct acceptance of the inherited property occurs after the expiration of a six-month period.

If a testamentary disposition is drawn up, the distribution of the inheritance will take place according to the will of the deceased. This is the simplest and most understandable mechanism of inheritance, in which the testator determined the list of his successors and established property shares for them.

Thus, the receipt of the inheritance by the brothers and sisters of the deceased is possible with the voluntary refusal or exclusion (by court decision) of the main group of applicants from the inheritance. If the owner's property is accepted by the primary heirs, brothers and sisters are not called upon to inherit.

Persons who were dependent on him due to incapacity for work due to age or health are called upon to inherit the deceased. This category of successors is guaranteed to receive a mandatory share in the inheritance.

If among these persons there is a brother or sister of the deceased, then this citizen will receive part of the property in accordance with the requirements of civil law. But it should be remembered that in this case the brother (sister) of the deceased receives his part of the inheritance not due to family ties, but in the position of disabled persons, the responsibility for the maintenance of which was assumed by the testator.

However, even with strict compliance with the law, successors may arise who are dissatisfied with the distribution of the inheritance and intend to invalidate the will or transfer of property by force of law.

In such circumstances, if you do not feel sufficiently confident and do not have sufficient knowledge in this area, contact inheritance specialists so as not to miss the opportunity to receive an inheritance.

How and when to inherit?

You should contact a notary with documents to open an inheritance case within six months after the death or recognition of the deceased of the testator. To know how to join correctly, it is recommended that you read the detailed instructions:

1. Determine which notary should submit documents. Usually this is a notary office at the place of registration of the testator, and if there is no information about him, at the place of registration of the property.
2. Prepare documents for inheritance.
3. Evaluate the property you plan to receive. The result is the issuance of an appraisal report indicating the value of the property, which should be used as a guide when calculating the amount of state duty.
4. Submit an application to the notary with attached documents confirming the right to the property. You must pay the state fee in advance.
5. After six months, receive a certificate from a notary.
6. Register real estate ownership through Rosreestr or MFC.

The amount of the state fee for issuing a certificate depends on the degree of relationship of the heirs to the testator. For children, parents, siblings - 0.3% of the value of the inheritance, but not more than 100,000 rubles. For others - 0.6%, maximum - 1,000,000 rubles. If a notary takes measures to preserve real estate and other valuables, you will have to pay a fee of 600 rubles. (Article 333.24 of the Tax Code of the Russian Federation).

Let's look at an example of duty calculation:

Anufriev R.P. left an inheritance to his daughter M.R. Skvortsova. apartment. After her father's death, she is the sole heir. The estimated value of the property is RUB 3,000,000. The state duty is calculated as follows: 3,000,000 x 0.3% = 9,000 rubles. – she needs to pay this amount as a state fee before contacting a notary.

Sample application

Sample application for acceptance of inheritance and issuance of a certificate of right to inheritance: Application for acceptance of inheritance after the death of parents

Documentation

In addition to how the inheritance is formalized, you should know what documents will be needed when you first visit the notary.

The notary will need to provide:

• Statement. It can be filled out at a notary's office;
• Death certificate. Issued at the registry office;
• Certificate from the last place of residence of the testator. Issued at the passport office;
• Legal documents for inheritance. If this is real estate - a certificate or extract from the Unified State Register of Real Estate. For a car – PTS and STS. For bank deposits – passport and agreement;
• Passport;
• Marriage certificate, birth certificate and other certificates indicating relationship with the testator.

If the successor does not have the opportunity to enter into inheritance personally, he can do this through a legal representative by issuing an appropriate power of attorney for him. It is important to consider that the representative cannot be an interested person.

The cost of accepting an inheritance

When entering into an inheritance through a notary, a child (regardless of age) is required to pay a state fee.

Duty calculation rules:

1. An officially registered child (born in marriage, adopted, paternity established) pays a fee of 0.3% of the value of the property received.
2. A child who does not have an official status (born out of wedlock and paternity has not been established) pays a fee of 0.6% of the amount of the assessment of the share of the inheritance.

Reference! When calculating the state duty, the amount is not reduced by the amount of the deceased’s debts passed to the heir.

However, the duty is not the only payment. Additionally, you must pay for the assessment of the inherited property and notary services.

The cost of appraisal depends on the objects of inheritance. For example, appraising an apartment in 2020 will cost 3,000 rubles, and a residential building – 5,000 – 6,000 rubles.

Notary services are calculated depending on the region. For example, in 2020 in the Republic of Adygea, the heir will pay 3,300 rubles. for each piece of real estate received as an inheritance.

You can find out the amount of payment in your region on the website of the Federal Notary Chamber of the Russian Federation. Follow the link and select your region.

How much does it cost to inherit after death?

The issuance of a certificate of inheritance in accordance with tax legislation is subject to a state fee, the amount of which is determined based on the specific case. When calculating, the value of the inherited property (total total value) is taken as the basis.

Also, the calculation takes into account the degree of relationship of the heirs. The brothers and sisters of the deceased are included in the second group of heirs, to whom a preferential tariff is applied, amounting to 0.3% of the value of the objects included in the inheritance property complex.

In this case, the maximum amount of payment to the relatives of the deceased brother will be no more than 100 thousand rubles, regardless of the total value of the property.

In most cases, this type of assessment is chosen by potential heirs. The inventory assessment of real estate is carried out by the territorial department of the BTI. The appraisal examination is formalized by a special act, which is presented to the notary.

In addition, keep in mind that additional paid notary services may be required (requesting documents from government agencies as part of a notarial request, certifying copies, ensuring the protection of the hereditary complex, etc.).

The content of the article

Is there a chance to receive an inheritance after a long period of time?

If the heir did not enter into the inheritance on time, and especially if many years have passed since the opening of the inheritance case, then it will be extremely difficult to receive it, and in most cases it is impossible. This problem can be solved both in court and out of court. Each of these methods has a number of differences that should be taken into account by the heir who decides to receive his inheritance after a long time.

Consensual procedure for receiving inheritance

This procedure is used if the deadline for receiving inherited property has long passed, but the heir wants to receive the property due to him. In order to become the owner of the inheritance due without litigation, you must obtain the consent of all heirs who have assumed their rights to redistribute the inheritance. The consent must be documented, contain the signatures of all heirs and notarized. You should contact a notary with this document, who, on its basis, will revoke all certificates of inheritance, redistribute the property anew and issue new ones to all heirs, including the “latecomer.”

It is extremely difficult to carry out this procedure, since few heirs are ready for their share of the property to be reduced, so this issue often has to be resolved through the court.

Judicial procedure for obtaining inherited property

This procedure can only be carried out if the heir has compelling reasons for such a long delay in entering into inheritance (Article 1155 of the Civil Code of the Russian Federation). They can be presented:

• long-term illness;
• an expedition lasting several years;
• illiteracy;
• the minority of the recipient of the inheritance;
• being in prison;
• lack of information about the distribution of property from the heir.

Before filing a claim for inheritance, you must not only provide oral evidence indicating that the reason for the delay was valid, but also written evidence that should be attached to the statement of claim.

The court need to submit the following list of documents:

• a copy of the death certificate of the testator;
• receipt of payment of state duty;
• documents confirming family ties with the deceased;
• information about property that was distributed among heirs.

After checking all the documents and holding a hearing, the judge will decide whether the right of inheritance will be granted to the “late” heir or not. If the inherited property was not preserved, and the case was closed in favor of the heir who missed the deadline for entering into the inheritance, then he will be paid compensation equal to the value of part of the property he inherits.

It should be taken into account that this procedure is extremely complex and its outcome will depend only on how convincing the evidence of delay in inheritance is.

Can a sister claim her brother's inheritance if he has children?

» What heirs need to know September 9, 2020

Can a sister claim her brother's inheritance?

From childhood, parents instill in their children various moral and spiritual values. Such values ​​include family ties with brothers and sisters. In fact, these bonds accompany people throughout their lives. Brothers and sisters are indeed the closest relatives, since they all live in the same family and descended from the same parents. This is where the popular comparison “you are like a brother to me” came from.

But good family relationships in fact do not eliminate the rules of kinship that are prescribed in the law. By law, kinship is recognized not only between brothers and sisters, but also between parents and children and others. Moreover, the law distinguishes between kinship as more close and less close.

Who has the right to inheritance after the death of a brother?

The property that was owned by a brother or sister during their lifetime is inherited on a general basis. The law does not provide any advantages in relation to a brother or sister. In this case, inheritance will also be carried out either by will or in accordance with the provisions of the law.

The right to inheritance is received only by those persons who, according to the law, will be entitled to it.

We consider it necessary to consider several of the most common cases of inheritance of property:

When can a sister claim her brother's inheritance?

It is impossible to answer such a question unequivocally. The fact is that, regardless of the degree of relationship, the right of inheritance can be influenced by the factor of the will, obligatory share and many others. Therefore, such a question can only be considered in the totality of circumstances.

A sister can become an heir to the property of a deceased brother in several cases:

• If the brother left a will in the name of his sister, where he indicated her share or as the sole heir. If, in addition to the sister, other persons and shares are not determined, then the shares of all heirs will be the same. This method of inheritance is the most problem-free, since if there is a will, it is enough to bring it to a notary, present the applicant’s passport to the notary and, after a period of 6 months from the date of death of the relative, receive a certificate of the right to inheritance
• If the heirs of the previous line (in inheritance by law) refused the will or were recognized by the court as unworthy heirs. In this case, the turn of inheritance will go to the sister or brother of the deceased
• The category of disabled dependents is considered as a separate category of heirs. If a brother or sister was dependent on the deceased for more than one year, then they receive the right to claim a share in the inheritance on an equal basis with the heirs of the current line. If property is inherited under a will, then the right to an obligatory share in the inheritance arises, regardless of the existence and contents of the will. The share will be calculated according to the rules of priority. The presence of relatives who would inherit the property if there were no will is checked and the share of each is calculated taking into account the calculation and the obligatory share. The received share is awarded to the dependent. And the rest of the property is distributed according to the will.

What rights does an adopted child have to inheritance?

How to challenge an inheritance, read here.

If the heir has discovered that he has the right to inheritance, he must submit an application to the notary at the place of conduct of the inheritance case no later than six months after the death of the testator. If this deadline is missed, it will be possible to enter into an inheritance only through the court.

The law recognizes as dependents only those persons who were supported by the deceased and cannot support themselves independently. As a rule, such persons include people with disabilities, incapacitated persons, and persons incapacitated by age.

Registration of inheritance after the death of a brother

Civil legislation determines a certain procedure for registering an inheritance, in general. The law does not differentiate or define different procedures for registering an inheritance, depending on how exactly the inheritance was received.

From these rules it follows that:

• To receive an inheritance, it must be accepted in documents.
• You can only accept the entire share due as an inheritance. It is impossible to accept only part of your share. In this case, all grounds for accepting a share of the inheritance are taken into account.
• You can refuse an inheritance
• The inherited share belongs to the heir from the moment the inheritance is opened, regardless of when the heir actually receives his share
• Acceptance of an inheritance can also be expressed in its actual acceptance. These are those cases when the documents were not properly executed, but the heirs actually assumed their rights. They pay taxes on property, protect it, use it for its intended purpose, and so on.

What is the formal method of accepting an inheritance?

The formal method of acceptance means the method of entering into inheritance rights, in compliance with all legal requirements for the preparation of documents. Such registration begins with the submission of an application for inheritance to a notary. The application is submitted to the notary who has the right to conduct a specific inheritance case.

Sample application for inheritance.

The application can be submitted either in person or by mail. If the application is submitted in person, the signature will need to be affixed in the personal presence of a notary. If the application is sent by mail, you will have to have your signature certified by the nearest notary and only then send the application.

Also, such an application on behalf of and on behalf of the heir can be submitted by a representative. But at the same time, the heir must issue a notarized power of attorney, which will directly indicate the powers of the representative to represent the heir in the inheritance matter. A copy of the power of attorney will be attached to the inheritance file and will be stored there according to the rules for storing inheritance files.

What is actual acceptance of inheritance?

By the actual acceptance of an inheritance, the law understands the actual actions to take possession of the property that remains after the death of the owner.

The law includes such actions:

• Actual ownership and management of property
• Protecting property, preserving it, caring
• Carrying out repair work at your own expense
• Payment of debts of the deceased (if any)
• Other aspects of the actual transfer of property to the heir.

In other words, until someone proves otherwise in court, no one will be able to prevent the actual heirs who have entered into the inheritance from receiving the inheritance.

Based on the actual acceptance of the inheritance, the heir can receive documents on the right to inheritance. It is important to bring the notary evidence of the actual acceptance of the inheritance. Otherwise, the notary may refuse.

Of course, the law does not oblige the actual heir to receive a document on the right to inheritance. But this paper will be required if the heir decides to re-register the property in his name. The cadastre authorities will not transfer the property to the new owner without a document from a notary, even if the heir provides evidence of actual inheritance.

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Comments on the article “Can a sister claim her brother’s inheritance?”

Is it possible to inherit from a brother or sister?

Quite often questions arise about who can become the heir of a particular person. In most cases, these are close relatives. The Civil Code of the Russian Federation establishes a certain order of successors who will have inheritance rights. You can read about the order of inheritance in our article: order of heirs by law.

Main heirs

Who can claim the inheritance after the death of a brother? According to Article 1142 of the Civil Code of the Russian Federation, the main list of heirs is his wife, children and parents. They are the ones who can enter into inheritance. To do this, they will need to contact a notary office with documents and an application for acceptance of the inheritance.

Any person can also receive the inheritance of a brother or sister if your relative left a will in their favor. According to the document, your relative can distribute shares between people close to him, indicate unworthy receivers, and establish conditions for accepting property. Note that it is very difficult to challenge the will. To do this you need to go to court.

According to the order of heirs, the testator's siblings take second place (Article 1143 of the Civil Code of the Russian Federation).

Consequently, the right to inheritance after the death of their brother will pass to them if there are no first-line successors or they refused to join.

In what cases can you receive an inheritance?

Can a sister claim her brother's inheritance? Yes maybe. But you can become an heir only in a few cases. The first option is if your close relative left a will, according to which you can receive a share of the inheritance or become the sole recipient. In such a situation, no difficulties will arise. It is enough to contact a notary with your will and documents. After the 6-month period, you will be issued a certificate of inheritance.

If you become an heir, it is important to submit your application within 6 months. If the deadline is missed, it will be possible to enter into an inheritance only through the court.

The second option in which you can become the successor of a brother or sister is if there are no heirs in the first place. The main recipients of property can renounce it or be deprived of inheritance rights through the court (recognized as unworthy heirs). In this case, the brothers and sisters become the successors of the deceased.

Another way to get a share in the property is if you are a dependent. For example, a sister may be financially dependent on her brother and live with him in the same apartment. If such a fact exists for at least 1 year, the sister will be able, together with the main receivers, to share the inheritance of her relative.

Dependents are persons who cannot support themselves and are financially dependent on another person. Such persons, as a rule, include the disabled, incapacitated and incompetent.

Help from a lawyer in inheritance matters

The articles presented on our resource describe the most common situations in inheritance. And often each issue requires an individual solution.

On our website you can get free legal advice on inheritance. Ask your question at any time and our specialist will answer it. The help of a lawyer will allow you to understand your question and receive a detailed answer. We will tell you about your rights and your plan under the law.

Documents for registration of inheritance

All about receiving an inheritance under a will

Inheritance wife or sister

Inheritance

To your wife and you and your sister

After the death of a brother, how is the inheritance divided between daughter, wife, mother. Mother is 66 years old. After my father’s death, my sister donated her share in the apartment, which she inherited from his wife.

The inheritance will be divided between the wife and children. It doesn’t matter whether they communicated or not, they are heirs of the first stage. The sister is lost if there is no will for her.

Yes, kids! They remember only to receive an inheritance! Heirs of the 1st stage - parent, children, spouse. Go to the notary. But perhaps he disposed of his property during his lifetime.

Go to the notary!

Does the sister of a deceased brother have the right to inheritance? although his wife is against it and seems to have privatized everything to herself

Sisters cannot claim the inheritance; they could inherit only in the absence of the surviving spouse and child. This part is divided between the heirs of the surviving wife and child, by mutual agreement, and in case of disagreement, by the court.

If only the Sister was dependent on the brother.

Heirs of the first stage: spouse, children, parents of brother (.). The second queue inherits if there is no one from the first.

If we are talking about Russia, and not about Moldova, or Mozambique, in the absence of a will, provided that the sister is able to work and was not dependent, the sister has the right only to gnashing of teeth. She is not one of the first priority heirs

A cousin died, there are no direct heirs. Can I (cousin) claim inheritance, common-law wife

You may be third-degree heirs by right of representation. A common-law wife is not an heir.

Hello! question of inheritance. At the beginning of 2008, my great-aunt, my own grandmother’s sister, died. The inheritance was an apartment and a bank account. no will was drawn up. She was not married, she has no children or grandchildren.

You have the right to contact a notary with an application to enter into an inheritance. The cohabitant has no rights to inheritance.

If your brother does not have a will and there are no more heirs, then you have the right to contact a notary. Your husband's partner has no right to inheritance. If you want to leave her something, you will have to, for example, give it to her after registering ownership of the house.

Article 1144. Heirs of the third stage 1. If there are no heirs of the first and second stages, the heirs of the third stage according to the law are the full and half brothers and sisters of the testator's parents (uncles and aunts of the testator). 2. Cousins ​​of the testator inherit by right of representation. You need to contact a notary, presenting your passport, death certificate and documents confirming your relationship with the deceased and write an application for acceptance of the inheritance. The notary will issue a list of those required for representation in the inheritance case. A common-law wife is not an heir. You have the right, after receiving a Certificate of Inheritance and subsequent registration of real estate with the Federal Reserve System, to give a house to your cousin’s live-in partner.

A cohabitant cannot be an heir. Only common children, if any. You can only inherit if there are no children, no parents, no grandchildren, no brothers and sisters

A common-law wife may have ownership rights to a share in the property if she proves that she participated in the acquisition of this property through documentation. But she is not the heir. Needed within 6 months. claim your rights to inheritance from a notary, write a statement. The notary himself will give a list of documents, issue a request for the BTI, land cadastre, and the bank

We will consider the relationship between a man and his wife’s sister from the point of view of sexual desire. Each person is designed by nature in such a way that the power of sexual desire can even overcome the love for his wife, this is done for this purpose.

What share of the inheritance am I entitled to if I am the husband of the wife of the sister of the husband of the brother’s niece of the deceased?

Oh, I also didn’t think that I would have problems with my older sister because of the inheritance. Who knows how many wives he will have? Give each one an apartment? And so - live as long as you want, but you won’t be able to sell it until your brains get back into place.

Does your sister have a wife?)

You are entitled to a share as the husband of the wife of the sister of the husband of the brother of the deceased’s niece. Try to explain this to the notary :))

One fourth of the share that will be received by the sister of the brother of the wife of the tribe's grandson of Pokoinov's second cousin

Author of the question. Galina Place of residence. Russia Hello! I really need your advice. My sister died in October of this year. There is no will. Among her relatives, she only has me, my daughter and her husband. There remains a 3-room apartment, which is privatized only for her. No one except my sister was registered in this apartment. The following property was acquired during the marriage: 1). 1-room apartment. 2) dacha (which is privatized only for her husband). 3) car. 4) vegetable storage + savings left in the savings book. Please tell me what percentage of this property will legally go to me and my daughter. Thank you!/08/02/2013

Part 3 of the Civil Code of the Russian Federation establishes the grounds for inheritance: inheritance is carried out by will and by law, inheritance by law takes place when and insofar as it is not changed by the will, as well as in other cases established by this Code (Article 1111).

Heirs by law are called upon to inherit in order of priority. The heirs of each subsequent queue inherit if there are no heirs of previous queues, that is, if there are no heirs of previous queues, or none of them has the right to inherit, or all of them are excluded from inheritance, or deprived of inheritance, or none of them accepted the inheritance, or all they renounced the inheritance (clause 1, article 1141).

Heirs of the same line inherit in equal shares, with the exception of heirs inheriting by right of representation (clause 2 of Article 1141).

The heirs of the first priority according to the law are the children, spouse and parents of the testator. The grandchildren of the testator and their descendants inherit by right of representation (Article 1142).

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. Children of the testator's full and half-siblings (nephews and nieces of the testator) inherit by right of representation (Article 1143).

Thus, the only heir called to inherit by law is your sister's husband.

Tags: can I claim an inheritance after the death of my sister?

Sister claims inheritance

Sister claims inheritance

1-room apartment. 2) dacha (which is privatized only for her husband). 3) car. 4) vegetable storage + savings left in the savings book. Please tell me what percentage of this property will legally go to me and my daughter. Thank you!/08/02/2013 Part 3 of the Civil Code of the Russian Federation establishes the grounds for inheritance: inheritance is carried out by will and by law, inheritance by law takes place when and since it is not changed by the will, as well as in other cases established by this Code (Art.

Lost sister claims Prince's inheritance

Can a sister claim her brother's inheritance and vice versa?

Is it possible to identify more or less similar ones from them? For the law, it is quite possible. Order of inheritance according to law The law has defined gradations of family relationships - from the closest to the least close. And he lined up the line of heirs. According to this order... Parents and children inherit first, as well as husband or wife - the closest relatives. The second are brothers and sisters, recognized as close as grandparents. So, heirs of the second stage - brothers and sisters - can inherit only if the heirs of the first stage are absent, deprived of inheritance or refused to inherit.

Cousin died, no direct heirs

The heirs of the second stage according to the law are the full and half-siblings of the testator, his grandparents on both the father's and mother's sides. Children of the testator's full and half-siblings (nephews and nieces of the testator) inherit by right of representation. You, as a cousin, are the heir of the third line. ST. 1144 Civil Code of the Russian Federation Article 1144.

Claim inheritance

49 of the RF IC), and in relation to children born in the period from October 1, 1968 to March 1, 1996 - in the presence of evidence confirming at least one of the circumstances listed in Art. 48 KoBS RSFSR. [/quote]I’ll explain to you, dear Karina

that there are two independent grounds for filing an application to the court to establish a legally significant fact. The first of them is the establishment of the fact of paternity on the basis of Article 49 of the RF IC, when the father may not have recognized himself as such, and the second is the establishment of the fact of recognition of paternity, when the father recognized himself as such (Art.

Sister claims inheritance

Thank you in advance! 08 July 2014, 12:20 Olga, City not specified Answers from lawyers (4) unfortunately you do not have such rights. The daughter belongs to the heir of the first line, you to the second. The first priority also includes the parents of the deceased. And the fact that his daughter did not communicate with him does not mean anything.

Mom's sister claims inheritance

No one, neither her sister nor her brother, had any complaints.

After 6, everything had to be restored through the courts. In court, both the sister and the brother abandoned this apartment and the inheritance went completely to the mother, she gave it to herself. Today my sister shows up and demands my father’s documents and says, I’ll try to prove that I’m also his daughter and have the right to an apartment. What can she do? All these years she came and demanded money for this - something like 350,000 rubles.

Free consultation with a lawyer on wills and inheritance

After all, if you make one wrong action or even miss the deadline for submitting documents for one day, you risk not receiving what is due to you by law. It often happens that when the issue of inheritance arises, relations between relatives claiming it sharply deteriorate. And often in such cases the matter comes to court. To avoid such a situation, we recommend that you seek advice from our lawyers, who will explain to you your rights and obligations and help you determine the optimal course of action with other heirs. If you want to make a will, but don’t know where to start and how to formalize everything correctly, our experienced lawyers will also help you.

Can a brother claim an inheritance after the death of a brother who was married?

As far as is clear from your question, the deceased person has a spouse who is the heir of the first stage. Therefore, the brother will not be called to the inheritance. Munasipova Nina Viktorovna (11/19/2014 at 00:16:23) No, she can’t. In this case, the brother’s heirs will be his wife, children and parents (if any) in accordance with Article 1142 of the Civil Code. Article 1142 of the Civil Code.

My half-sister is claiming a share of my mother's inheritance

Draft contract for the provision of services

Sources: uropora.ru, runasledstvo.ru, minitip.ru, www.madroc.ru, likvidaciya-ooo-balashiha.ru

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Is it necessary to inherit?

The law does not oblige legal successors to enter into inheritance, because this procedure is carried out in their own interests. What happens to inherited property if the heirs of the first priority do not receive it:

• It passes to the heirs of the second stage. If they did not accept it, then the third-degree successors can use the right.
• If no one accepts the inheritance, the property is considered escheated, and the right to it passes to the state or municipality. It is possible to obtain ownership of it only through the court and provided that the deadlines were missed by the successor for reasons beyond his control.

Important! If one of the primary heirs did not have time to accept the inheritance and it was received by a second-rank successor, this can be challenged in court. You will need evidence confirming a valid reason for missing a deadline: a certificate of illness, a referral for sanatorium treatment, a travel certificate, etc. - it all depends on the circumstances for which you were unable to visit the notary on time.