The heirs of the first stage
Very often citizens have questions about the division of the inheritance. Even if the deceased grandparent left a will, some subjected to appeal the decision of the deceased in court. To have an idea how it should be divided the property according to the law, is familiar with the basic aspects of juniorate.
The inheritance by law
Inheritance is the process of obtaining welfare or the proportion of persons who are entitled to it. The distribution of savings or real estate shall be in accordance with the will or the procedure established by the legislation. Material values are the means of the deceased, his duty to the state and other citizens. The exception is the payment of the alimony, compensation of damage.
According to the Civil Code, the first who have the opportunity to apply for funds of deceased, are mentioned in his will. Otherwise the prerogative of the distributed queues:
- First. Include children, spouse, parents.
- Second. If the heirs are absent, to claim the property of the deceased can brothers and sisters, and grandparents.
- Third. Native uncles and aunts.
- Fourth. The right of inheritance after the death of a man unable to face who live with him in the same apartment for more than 5 years before the date of death. These data should be attributed to the relevant securities. If we are talking about a civilian family, the formal life partner need to go to court and vindicate their rights.
- Fifth. Any relative up to the sixth generation, if no one closer.
The right of inheritance of property after death
The distribution of the assets of the testator can be carried out in accordance with the law or at the behest of by the deceased. Joining juniorate is only after the death or declaring the will of the deceased. The heirs of the first stage under the law are always the first candidates for the funds of the deceased. If a person who belongs to this category is absent, the privilege passes to the next group of blood relatives or adopted children.
Heirs without probate
Juniorate material values legislation is in order. If the deceased has not been written and certified by a will or the document is invalidated according to article 1142 of the civil code the right to receive the funds passes to the first round. These include:
The inheritance by law and testamentary
If the deceased at the time of death had minor children, disabled parents, those persons with a first round claim to 50% of the capital even if not specified in the will. In such situations to determine who is the heir after the death of the husband or wife, it is difficult, therefore it is better to consider at a hearing to ensure compliance with the letter of the law. According to GK the means of the deceased should be divided equally between the full-blood descendants, or other persons of the first round juniorate.
Stage of succession
In addition to your own child, life partner, parents to the main heirs include adopted children and half of the descendants. The offspring is equal to the main contenders for wealth. It is worth considering that if after the death of the deceased within 9 months he had a child, the child should be referred to the individuals of the first order. The same applies to children who appeared outside marriage.
Inheritance rights of spouses
The key point is the fact that was specified in the will of the husband or the property will be divided in accordance with the law. In the first case, the cohabitant of the deceased will receive the reserved share subject to the mandatory secure minors and unemployed children and sick parents. In the second case, inheritance after death of father or mother will divide in order. According to the civil code, persons living under the same roof are referred to as spouses. In the best case the Formal companion will be assigned to applicants in the fourth round.
To confirm the possibility of inheritance is required:
- evidence of cohabitation with the deceased the last 5 years;
- a record in the passport about living with the deceased in one location.
- the testimony of the neighbors and witnesses.
Even the presence of all necessary documents and records does not guarantee receipt of an inheritance or a share. The face of the previous round are considered to be the first contenders for the capital of the deceased. The rights of civilian spouses enter into force only when the deceased has no heirs, parents, brothers and sisters, and aunts, uncles. In addition, to qualify for capital makes sense if the face of the previous turn, refused from the inheritance. However, according to article KG, property acquired during the formal relationship is considered common.