Author of the article: Lina Smirnova Last modified: January 2021 37484
Inheritance today is a complex topic. It is especially difficult to deal with applicants for inheritance when there is no will. This complexity is created due to the complexity of human relationships, leading to a variety of family ties. For example, many are interested in the question of how to enter into an inheritance after the death of a father , since this parent often creates a new family, leaving children with his ex-wife. What rights do his children and their mother, as well as his new legal wife, have regarding inheritance of property in the event of his premature death, we will consider in this material.
Who has the right to inherit their father's property?
There is no need to designate heirs to the father's property under the will; they are indicated in the testamentary document. If there is no such order, then the father’s inheritance will be divided according to the order of priority established by law. Order of priority:
- His primary claim is his family, including his wife, children and parents. This is where difficulties may immediately arise if the father’s family was not his first, and there are children from a previous marriage. By law, they have the right to rely on their father’s inheritance in the same way as children from a second marriage, including the children of his second wife, if any, adopted by him. But the mother of the children of the first family will not be considered an heiress after a divorce; she is legally a stranger to the father of her children. The father's second wife will act as heir along with the children.
- If the father died in old age, when his children created their own families and grandchildren were born, then they are considered heirs by right of representation. This situation arises only if the father has outlived his children or any of them. Then the children of his deceased descendant will act as their father's heirs instead of him.
- If the father has no close relatives left, then the heirs of subsequent groups in the queue will be called upon to receive his inheritance, and they can claim the inheritance only if there are no heirs of the previous group in the queue. So, after the indicated close persons of the father, his brothers, sisters, grandmothers, grandfathers are in line for the inheritance. His stepdaughter or stepson, who are the children of his second wife, whom he did not adopt, are only in seventh place on this list.
Expert commentary
Kireev Maxim
Lawyer
Heirs belonging to the same priority group will receive property in the same amount.
The first ones are missing
Usually, at the time of division of property, at least one first-degree relative is present. It is not uncommon for such relatives to not exist. For example, when division of property is required after the death of a brother who has no children and whose parents have already died. Then the first person to claim his property will be his wife. If there is no such person (or the marriage is not officially registered), then relatives of the second priority will be allowed to divide the property.
The same situation can await grandparents whose children die earlier. They will be able to participate in the division of property after the death of the son of their deceased children only if the latter does not have a wife and children. Of course, each case of inheritance by non-primary relatives is individual and requires a notary or court to carefully study all available documents and facts.
In this case, the property will be divided exclusively according to the procedure specified by law - six months to collect applications from all interested relatives and only after that the inheritance will take place (unless there is litigation on the initiative of one of the deprived relatives).
Remember, even if you are sure that after the death of your mother, who lived without a father, the division of property should go in your favor, you should not exclude the possibility of intervention by your ex-spouse. Therefore, the help of a professional lawyer in this case will not be superfluous.
Applicants for an obligatory share of the inheritance
The circle of priority applicants for the inheritance, in addition to members of the father’s family, including children by birth or adopted by him, includes persons who are entitled to a mandatory share of the existing inheritance. These include:
- citizens considered disabled, who were dependent on their father, regardless of whether they lived with him or not. For example, if his ex-wife was dependent on his father due to disability, then she will also claim a share of his inheritance;
- dependents who lived with their father for at least a year before his death are also required to receive part of his inheritance. This means that the children of the father’s second wife, who were supported by him, will claim a share of his property. And only if they are adults and provide for themselves, then their right to this inheritance practically moves to seventh place.
Right of the unborn child
When inheriting, the rights of the father's unborn child conceived during his lifetime are also taken into account. By law, he has the same rights to his inheritance as other children. Therefore, the distribution of the father's inherited property is allowed only after his birth.
Legal basis
When considering issues regarding the division of property, lawyers rely on the Civil Code of the Russian Federation. In it, Section V is completely devoted to inheritance law ( Article 1110-1185 ). These normative acts are small in scope and consist mainly of legal norms of a reference nature, which in practice means: it is necessary to navigate and correctly interpret a huge number of norms of civil legislation, as well as other normative acts with the help of which relations in other areas of law are regulated.
It is difficult for a person without special education to do this. Therefore, we will outline the main thing in inheritance law in a concentrated form below.
Rules for entering into a father's inheritance
No one is obliged to remind you about the need to enter into inheritance rights. The heirs themselves must take the initiative by personally contacting the notary to open a case regarding the inheritance belonging to the father. If the heir is a minor child of the father, his own mother must represent him at the notary, even if she is not a contender for the inheritance.
In order to formalize their rights to their father’s inheritance, persons claiming it must:
- Collect documents necessary for inheritance.
- Contact a notary whose office is located at the location of the father’s property with an application to enter into inheritance rights no later than 6 months from the date of his death indicated in the certificate.
- With the help of a notary, determine the volume of the entire inheritance and assess its value in order to establish the amount of the duty to be paid to the state when obtaining rights to the property.
- After the notary has checked all the documents presented, receive a certificate of inheritance on the date appointed by him. It is issued no earlier than six months, counted from the date of the officially registered death of the father.
The documents presented to the notary must include:
- identification document of the applying heir;
- original certificate of death of the owner of the inheritance, issued by the civil registry office;
- documents confirming the relationship of the inheritance applicant with the testator or his right to property outside of family ties;
- documents about the inherited property and its ownership by the testator: technical passport for vehicles, a certificate confirming the right of ownership of real estate, for example, an apartment, house, dacha, etc.;
- an extract from the housing company about the place of registration of the testator.
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How is inherited property divided among heirs?
The inheritance may include various property of the testator. During his lifetime, the father could own an apartment, a garage, a dacha along with a house, a car and other movable and immovable property. By law, all of it must be divided equally among the heirs. If there are funds in a bank account, they should also be divided between them in equal amounts.
Expert commentary
Gorbunova Olga
Lawyer
To avoid disputes, the ideal option would be a voluntary agreement on the distribution of property between all parties and further registration of rights to the inherited property. An ideal equal division of property does not always work out. In this case, we can reach an agreement.
For example, one party can give part of the inherited amount of a bank deposit to the other in order to compensate for the difference in the cost of the inherited apartment and the garage. When it is not possible to reach an agreement voluntarily, it is possible to resolve claims through the courts. Any circumstances are important here. For example, if adult children did not live with their father and had their own home, unlike his second wife, then she will have an advantage in getting the apartment in which she lived with her husband. At the same time, she is obliged to pay the children their due share.
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