Very often, citizens have questions about the order of separation of inheritance. Even if the deceased grandfather or grandmother left a will, some will challenge the decision of the deceased in court. To have an idea of how property should be divided according to the law, it is worth familiarizing with the basic aspects of juniorat.
Inheritance by
Inheritance is the process of obtaining welfare or its share by persons who have the right to do so. The division of savings or real estate is carried out in accordance with the will or order established by law. Material assets are the means of the deceased, his duties to the state and other citizens. The exception is the need to pay alimony, compensation for damages.
According to the Civil Code, the first persons who can claim the means of the deceased are persons marked in his will. Otherwise, the prerogative is divided into queues:
- First. They treat children, spouse, parents.
- Second. If the first heirs are absent, then claim the property of the deceased may be siblings, grandfathers and grandmothers.
- Third. Native uncles and aunts.
- Fourth. The right to inheritance after the death of a person can be obtained by persons living with him in one apartment more than 5 years before the day of his death. These data should be due to the relevant securities. If the conversation is about a civil family, then the formal life companion needs to apply to the court and confirm their rights.
- The fifth. Any relative up to the sixth tribe, if there is no one nearer.
The right to inherit property after the death of
The distribution of the testator's resources may be carried out in accordance with the law or by order of the deceased himself. Entry into a junior is carried out only after the death or announcement of the will of the deceased. The heirs of the first turn are always the first contenders for the means of the deceased by law. If the person who belongs to this category is absent, the privilege passes to the following groups of blood relatives or adopted children.
Heirs of the first stage without a will
The junior of material values according to the legislation is carried out in order. If the deceased was not written and the testament was certified or the document was declared invalid, then according to Article 1142 of the Civil Code, the right to receive funds passes to the first circle. These include:
- spouse;
- children;
- parents;
- grandchildren.
Inheritance by Law and Testament
If the deceased had minor children, disabled parents at the time of death, then these persons from the primary circle claim 50% of the capital even if they are not indicated in the will. In such situations, it is difficult to determine who is the heir after the death of the husband or wife, so it is better to consider the case at a court hearing in order to guarantee the observance of the letter of the law. According to the Civil Code, the means of the deceased must be divided in equal shares between the full-fledged descendants or other persons of the first circle of the junior.
Inheritance queues
In addition to a child, a life partner, parents include the adopted and non-parturate offspring to the main heirs. Such offspring is equated with the main applicants for material values. It should be borne in mind that if after the death of the deceased within 9 months he had a child, the child will be assigned to the persons of the first order. The same applies to children who appeared outside of official marriage.
The right to inheritance of civil spouses
The key moment is considered to be the fact whether the civil spouse was specified in the will or the property will be shared according to the legislation. In the first case, the cohabitee of the deceased will receive the allotted share provided that his part is obliged to receive minors and unemployed descendants, as well as sick parents. In the second case, the inheritance after the death of the father or mother will be divided in order. According to the Civil Code, persons living under the same roof are not called spouses. At best, the Formal satellite will be assigned to the applicants of the fourth round.
To confirm the possibility of inheritance, you need:
- evidence of cohabitation with the deceased for the past 5 years;
- registration in the passport of residence with the deceased at the same address;
- testimony of neighbors and witnesses.
Even the presence of all documents and necessary records does not guarantee the receipt of an inheritance or its share. Persons from the previous circle are considered the first contenders for the deceased's capital. The rights of civil spouses come into force only when the deceased has no descendants, parents, siblings, and aunts, uncles. In addition, claiming capital makes sense if individuals from the previous queue have refused succession. Nevertheless, according to the article of the CG, the property acquired during formal relations is considered common.