Inheritance after the death of a stepfather or stepmother: how children of non-natural parents can enter into the rights to inherit their property by law or by will

By law, stepfathers and stepmothers are not relatives of stepsons and stepdaughters. However, the above persons can still take part in the distribution of the inheritance. The turn rarely reaches them. In accordance with Article 1145 of the Civil Code of the Russian Federation, stepsons and stepdaughters belong to the 7th category of heirs. They will receive the property if representatives of other orders are absent or have waived the corresponding right. Additionally, stepchildren and stepchildren may receive a mandatory share if they are disabled dependents. The testator has the right to mention them in the will. However, inheritance after a stepfather or stepmother is associated with a whole list of features that you should know about in advance.

Is it possible to receive the inheritance of a stepfather and stepmother?

A citizen’s property can be distributed according to law and will (Chapter, Civil Code of the Russian Federation). A citizen has the right to independently dispose of property. To do this, he draws up a declaration of will, observing the requirements of Chapter 62 of the Civil Code of the Russian Federation. A stepfather or stepmother has the right to mention in a document even persons who are not relatives. If necessary, stepsons and stepdaughters can be included in the will. In this case, they will receive the property regardless of priority.

If the testator has not indicated the amount of property due, the property is distributed among all recipients in equal shares. The exception is situations when there are compulsory heirs (Article 1149 of the Civil Code of the Russian Federation). They will receive at least 50% of the share that would have been due to them if the property had been distributed according to the law. As a result, the amount of property entitled to stepchildren mentioned in the will may be reduced. The following have the right to an obligatory share of the inheritance from a stepmother or stepfather:

  • disabled or minor children of the testator;
  • disabled spouses and parents;
  • disabled dependents if they inherit on the basis of paragraphs 1 and 2 of Article 1148 of the Civil Code of the Russian Federation.

Stepsons and stepdaughters may also be considered dependents. In this case, persons will have the right to an obligatory share.

If there is no will, the property is distributed according to the law. The process is carried out taking into account Chapter 63 of the Civil Code of the Russian Federation. Stepsons and stepdaughters may be called to inherit in the 7th order if there are no heirs of the previous 6 orders. They are mentioned in Article 1145 of the Civil Code of the Russian Federation.

Close people have the right to become a legal successor when registering an inheritance in the following order:

  1. first - mothers, fathers, husbands, wives, children (Article 1142 of the Civil Code of the Russian Federation);
  2. the second are grandfathers, grandmothers, brothers, sisters (Article 1143 of the Civil Code of the Russian Federation);
  3. third - uncles and aunts (Article 1144 of the Civil Code of the Russian Federation);
  4. fourth – great-grandparents (clause 2 of Article 1145 of the Civil Code of the Russian Federation);
  5. fifth - cousins: grandparents, granddaughters and grandchildren (clause 2 of Article 1145 of the Civil Code of the Russian Federation);
  6. sixth - cousins: nieces and nephews, aunts and uncles, great-grandchildren and great-granddaughters (clause 2 of Article 1145 of the Civil Code of the Russian Federation);
  7. seventh - stepfathers, stepmothers, stepsons, stepdaughters (clause 3 of Article 1145 of the Civil Code of the Russian Federation).

Rights and responsibilities of a stepfather in raising a stepson.

If the child is not adopted or under guardianship, then the stepfather is not obligated to do anything.

What rights and responsibilities does a stepfather have before his stepson? The stepfather often scolds his stepson and swears. The stepson endures all this at one time and accumulates anger, sometimes threatening to kick him out of the house.

The same as a father before his son - the responsibilities of a parent in raising and maintaining a child!

Rights and responsibilities of parents and children under the Family Code

If he changes jobs, he is obliged to notify his employer that he is paying alimony, and he is obliged to arrange payments.

If the father's salary decreases, he can demand through the court to reduce the amount of alimony payments. If it has increased, the mother may require an increase in the amount of alimony.

To do this, she needs to apply to the court or contact the bailiff service so that they recalculate.

The father is not released from the obligation to pay alimony, even if his ex-wife remarried after divorcing him. The obligation is not affected by whether the child needs funds.

The civil capacity and ability to work of the ex-husband is also not taken into account. Minor parents bear the same obligations as adults.

In short, if you are obliged to pay, you will have to pay alimony.

Is a stepfather a parent?

Raising a child by a stepfather A man should know his place and not undermine his rights.

It’s fortunate that my last husband treats Vitalka with respect, they fix something together, play on the computer, swap gadgets. So far everything is quiet and I am calm. But if there is a conflict, the “hubby” will fly out like a darling! First of all, in a conflict situation you need to calmly and thoughtfully sort it out. - the process is psychologically complex and stressful.

Father's responsibilities after divorce: alimony and other payments

A situation that has already become commonplace: after a divorce, noisy or not, after breaking dishes or without it, life gradually enters a calmer direction and a man appears on the horizon for a woman tired of her previous problems. Of course, he is much better than before, of course, he will always and everywhere remain a gentleman, it is natural that he will, and what’s more, he already loves her children from a previous marriage.

Important: Sometimes this happens, sometimes it doesn’t. But here another aspect appears. Children's attitude towards their stepfather.

There are often cases when children completely refuse to accept their stepfather and constantly refer to the fact that their biological father is incomparably better.

It doesn’t matter that the facts say otherwise, neither suggestions nor heart-to-heart conversations will help here; simply by refusing once, children have great difficulty in adjusting. It is extremely difficult to win their trust and good attitude.

Home and family According to the existing law, this person initially does not have any rights or obligations in relation to the children of his wife - both obligations and rights appear only if he adopts these children.

Any woman who decides on a second marriage after the death of her husband or divorce - or even a first marriage after “young mistakes” - has to think about the topic: how will the children’s relationship with this man develop? Unfortunately, there is a negative option: a stepson or stepdaughter, from the stepfather’s point of view, is an “add-on” to the woman he would like to get, and it would be better to get rid of him altogether (we will not consider the “criminal” option, when the stepfather really makes an effort to do this ).

What rights does a stepfather have in relation to a child? Sometimes this happens, sometimes it doesn’t. But here another aspect appears. Children's attitude towards their stepfather.

cWho is a stepfather? Meaning of the word

  • Father's responsibilities after divorce: alimony and other payments
  • Correct use of the word
  • “Stepfather”: analysis of the word according to its composition
  • Rights and responsibilities of a stepfather
  • Can a stepfather be the legal representative of a child’s rights?
  • Cruel upbringing: stepfather beat a child
  • Cruel upbringing: stepfather beat a child
  • education, child, beating, stepfather, police

The meaning of the word Responsibilities of a father after a divorce: alimony and other payments In other cases, it is stipulated that the father pays a certain percentage of his salary depending on the number of children: Refusal to pay alimony for the maintenance of a minor may entail not only fines and criminal liability. It will go to the heirs, which include her children, her parents, her husband (your stepfather), in equal shares to those closest to her - children, parents. Let him write a will, go to a professional lawyer, this is a sensitive matter for you, he is your stepfather, and for your mother - your husband, the apartment will be divided between you and your stepfather are equally correct! The first applicants are: spouse, children, parents. Everything is in equal shares for everyone. .. human rights - what is this?

No one has rights over an adult except the military registration and enlistment office; he can live independently if he can help, he is obligated to help, but why are you bringing them to scandals? everything can be resolved peacefully. The mother can file for child support, if desired. In my opinion, a mother remains a mother all her life, even if she lives with your stepfather.

Hello Irina! More precisely than the material from Wikipedia (the free encyclopedia), I have not found the answer to your question anywhere. So, Stepfather is a man in the family, the husband of his wife in relation to her children left over from a previous marriage (in Russian legislation the term is used, but has no definition).

In relation to the stepfather, stepchildren are called “stepson” or “stepdaughter”. Stepfather is a male synonym for the concept of “stepmother”. In cases where children are step-parents to both parents, the term “adoptive parent” or simply “father” is most often used.

In the legislation of the Russian Federation, a stepfather does not have personal rights and obligations in relation to his stepsons and stepdaughters if they were not adopted by him or did not become his adopted children.

  • by voluntary agreement;
  • By the tribunal's decision.

In the first case, the former spouses enter into an agreement in which they specify how much the child will receive until he reaches adulthood. If he has reached 14 years of age, he enters into such an agreement independently. The amount of child support payments may be fixed if the father:

  • does not have a permanent place of work;
  • is an individual entrepreneur;
  • receives income not through salary, but through other means (for example, through fees, royalties or through investment activities).

In other cases, it is stipulated that the father pays a certain percentage of his salary depending on the number of children:

  • for one - 25%;
  • for two - 33%;
  • for three or more - 50%.

Deductions are made by the accounting department of the enterprise where the ex-spouse works.

When do stepsons or stepdaughters receive an inheritance?

In accordance with the provisions of Article 1145 of the Civil Code of the Russian Federation, stepsons and stepdaughters are called upon to inherit only within the seventh stage. They will receive the property of their stepmother or stepfather only if there are no heirs in other categories or have abandoned the property. The exception is situations where stepchildren and stepchildren are recognized as disabled dependents. These are persons who are fully supported by the testator. As a general rule, disabled dependents inherit in order of 8th priority (Article 1148 of the Civil Code of the Russian Federation). However, if they were maintained by the testator for at least a year before their death, the situation changes. Dependents will be called upon to receive the property along with representatives of the line that receives the property of the deceased relative.

If a will is executed, the receipt of the stepfather's and stepmother's property changes somewhat. The will of the testator is taken into account without fail (Chapter 62 of the Civil Code of the Russian Federation). If the owner of the property mentioned that he wants to inherit the property to his stepson and stepdaughter, they will receive the property regardless of the order established by law.

Inheritance between adopted children and their blood relatives

Adopted children have the opportunity to receive an inheritance from their natural parents in the following situations:

  1. If the baby is adopted by one person. For example, if a man acts as an adoptive parent, then the minor’s relationship can remain with his mother. The rule also applies vice versa, that is, when a woman acts as an adoptive parent, the adopted child may retain a legal connection with his father - Part 3 of Art. 137 RF IC.
  2. The biological parents of the adopted child have died (or one of the parents), and the grandparents are asking to maintain the relationship in the interests of the minor - Part 4 of Art. 137 RF IC.

The specified grounds for inheritance must be reflected in the court decision on adoption, that is, this issue is resolved in court at the time of adoption (Part 5 of Article 137 of the RF IC).

Methods for registering an inheritance for a stepmother or stepfather

There are two standard ways to register the inheritance of a stepmother or stepfather. In general, you need to contact a notary. He is engaged in issuing certificates of the right to inheritance (Article 72 of the Fundamentals of the Legislation of the Russian Federation On Notaries). The document is provided after requesting evidence of the citizen’s death, checking the existence of family relationships or other grounds allowing the person to receive property. If a person cannot confirm that he is indeed the stepson or stepdaughter of the testator, he can still receive the property with the consent of other persons who have confirmed an official connection with the deceased relative. The notary deals with the registration of inheritance in the absence of disputes. If conflicts arise, the court will resolve them. You must contact the authority in the following situations:

  • a stepson or stepdaughter cannot prove a connection with a stepfather or stepmother, and other heirs do not agree to recognize the person’s right to receive property;
  • disputes arose regarding the size of shares;
  • the deadline for entering into the inheritance of a stepmother or stepfather has been missed;
  • other conflicts arose over the distribution of property.

The court will consider the situation and then make an appropriate decision. If it is positive, it will be possible to enter into an inheritance.

Is it possible to exclude a stepfather from the list of heirs?

As mentioned earlier, although a stepfather can participate in upbringing, relationships with him can be very different. In particular, they can be so bad that the child can try with all his might to ensure that the stepfather does not receive the inheritance under any circumstances. And there is such a way. Or rather, there are even three of them:

  1. Recognition of the stepfather as an unworthy heir. The procedure is very complex, but at the same time most effective. A stepfather can be recognized as an unworthy heir in three cases: if he treated the child badly, if he committed a crime against him, and if the stepfather damaged the property of the deceased or other heirs;
  2. Full distribution of property according to the will. The easiest way to ensure that the property does not go to the stepfather is to simply distribute it to another relative according to the will. This method is also reliable, since in most cases the stepfather’s claims under the will in court are simply not considered unfounded;
  3. Distribution of property with a ban on its distribution to the stepfather. A very complex procedure that resembles writing a will, but without any connection to the heirs. The testator can simply draw up a document according to which the stepfather will not be able to lay claim to his property under any circumstances. It’s a very complicated method, so it’s better to just make a will, and bequeath all the property that you don’t want to transfer to relatives to the state or some kind of foundation.

Terms of inheritance

The period for entering into inheritance is identical for all persons. It is enshrined in Article 1154 of the Civil Code of the Russian Federation. The inheritance must be accepted within six months. The period is calculated from the date of death of the testator. In practice, the exact day of death of a stepfather or stepmother may be unknown. In this case, the period is calculated from the day the court decision to declare the person dead comes into force. Stepsons and stepdaughters often inherit if all other persons have refused to receive the property. In this case, the period is calculated from the date the corresponding right arose.

In practice, a citizen may not be able to meet the deadline, in which case Article 1155 of the Civil Code of the Russian Federation comes into force. The regulation states that the court can restore the period. The basis for the procedure is the application of the heir. Usually the requirement is satisfied if a person was unable to contact a notary in a timely manner due to valid reasons. Their exact list is not established by law.

The period can be restored without trial. This is possible if the heirs who have already accepted the property have given their consent. It must be recorded in writing. The corresponding document is provided to the notary. He will cancel the previously issued certificate and redistribute the property of the stepfather and stepmother.

Inheritance between an adopted child and his natural parents

Despite the fact that a minor can be adopted by strangers, relationships with biological relatives can continue both in fact and legally. This is possible if the emergence of a relationship does not contradict the interests of the minor (Part 3 of Article 1147 of the Civil Code of the Russian Federation). At the same time, it is necessary to have an appropriate mark in the court decision on adoption, stating that communication between the adopted child and the blood parents has been preserved (Part 5 of Article 137 of the RF IC). Otherwise, the rights and obligations between persons are canceled, which means that a blood descendant will be deprived of the opportunity to receive an inheritance from his natural parents, as well as vice versa.

Required documents

Article 72 of the Fundamentals of the Legislation of the Russian Federation On Notaries states that the heirs are obliged to confirm the fact of the death of the testator, the presence of a connection with the person, the composition and location of the property. To do this, the stepdaughter or stepson presents the following documents:

  • completed application for inheritance;
  • death certificate of the testator;
  • the applicant's identity card;
  • birth certificate, marriage certificate, certificate from the registry office, other documents confirming the presence of the testator;
  • property documents;
  • an extract from the house register or other papers confirming the fact of cohabitation with the testator, if the stepson or stepdaughter wants to receive the property as a dependent.

All documents must be valid at the time of contacting the authorized body. Otherwise, the application will be rejected. The citizen is obliged to pay the state fee. Its value depends on the price of the property (Article 333.24 of the Tax Code of the Russian Federation). Therefore, it is additionally necessary to present the result of the property valuation.

Applications for accepting an inheritance and issuing a certificate of inheritance can be found here.

Applications for accepting an inheritance and issuing a certificate of the right to inheritance under a will can be found here.

The problem of confirming the fact of family relationships

The adoptive parent, at his own request, may request a change in the child’s birth record in the civil registry office. Thus, all information about blood relatives can be lost, but the secret of adoption is preserved. On the other hand, if the records of the birth of the child have not been changed by other persons, confirming the relationship does not cause difficulties.

When inheriting from an adoptive parent, the adopted person must provide documentary evidence of the fact of adoption . This could be an adoption certificate or a court order. If the fact of kinship or adoption is not proven, the adopted person will not be able to inherit as an heir by law.

Problems are observed in cases where the adoption has been annulled and the child must be returned to the natural parents. Inheritance relations between them are restored only after the court makes a decision on this . The right to a share in the adoptive parent's inheritance is also canceled only after the approval of the court decision.

Receiving an inheritance from a stepfather or stepmother by law

The specifics of registering the inheritance of a stepfather or stepmother are legally regulated by Chapter 63 of the Civil Code of the Russian Federation, as well as the basics of the legislation of the Russian Federation on notaries. The process goes according to the following scheme:

  1. A citizen learns about the death of the testator and finds out that he has the right to receive an inheritance.
  2. The person collects the initial package of documents and applies to the notary at the place of last residence of the testator or the location of the property. The list should include an identification card, death certificate and papers confirming the existence of a relationship with the deceased stepfather or stepmother.
  3. Inside the notary's office, a citizen writes an application with a request to enter into an inheritance. The specialist will check the paper and tell you what other documents are needed.
  4. A man collects missing papers. Documents for the apartment and other property, as well as the result of the assessment, will be required.
  5. The person presents the documentation to the notary's office and waits until 6 months from the date of death of the testator are completed. This time is given so that all heirs can contact the authorized body and report their desire to receive the property.
  6. The stepson or stepdaughter receives a certificate of right to inheritance. Based on the document, you can re-register the property.

What rights do heirs have?

For example, a husband and wife drew up a marriage contract: the apartment immediately belongs to the wife, and the car to the husband. The husband died, and his relatives showed up: “Give us part of all the property, because it was bought during marriage.” But they will not receive a share in the apartment: it all belonged only to the wife during marriage. My husband only had a car, so they would share it.

How it works. The obligation to pay alimony is related to the personality of the testator. Therefore, it is not inherited. If the father had to pay alimony to the child from his first marriage, after the death of the man, the heirs are not required to support his son until he is 18 years old.

But if the brother was on a business trip abroad and did not have time to submit an application to the notary, he can negotiate with his sisters so that he, too, can be accepted as one of the heirs, although more than six months have passed. If the sisters agree, the notary will issue the brother a certificate of inheritance even without a trial and redistribute the shares in the property.

Under such an agreement, movable property can be divided even before the notary issues certificates to everyone. For example, children can divide furniture, dishes, jewelry or cash themselves - as they wish. As long as they all agree. Let’s say one heir gets an antique set, another a necklace, a third a painting. Then you won’t have to think about how to divide each item into three.

If there is a will, but the children and disabled spouse are entitled to less than the required share, they can increase their share to the legal minimum. For example, a father left his son only 100 thousand rubles, and bequeathed real estate, a car and 900 thousand to his new wife. Despite the will of the father, the son will still receive more than what is specified in the will: his entire obligatory share.

In other words, if the children of the grandmother or grandfather are still alive, they receive the inheritance; if they have already died, instead of the children, the possibility of inheritance passes to the grandchildren. To better understand the order of inheritance by grandchildren and granddaughters after the death of a grandfather or grandmother, let's look at examples.

If the heir does not claim the right to inheritance within 6 months, it passes to the persons next in line. However, a number of exceptions are allowed. Thus, the heir may not know about the death of a relative or may be abroad and not be able to come within the prescribed period. In this situation, the missed deadline can be restored by going to court.

Please note: The opposite situation is also possible. It is permissible to shorten the period for accepting an inheritance without a will. So, if the rights to property are transferred to the next heir, who is in a different order, it is necessary to contact the authorized body within 3 months.

To receive the inheritance, since there was a change of surname, I went to court to prove the relationship. The court demanded from me a document renouncing the paternity of my biological father - that is, the document on the basis of which the adoption certificate was issued. My mother got married for the second time in 1980 and I was adopted by her second husband.

According to paragraph 29 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 29, 2012 No. 9 “On judicial practice in inheritance cases,” a stepfather and stepmother are the spouse of one of the child’s parents who has not adopted him. Moreover, both spouses are legally married, which they entered into in accordance with current laws. A child who has not been adopted by a spouse is called a stepdaughter (stepson), regardless of whether he is an adult.

Registration of inheritance of a stepfather or stepmother under a will

If there is a will, the process of inheriting a stepmother or stepfather changes somewhat. The specifics are regulated by Chapter 63 of the Civil Code of the Russian Federation, as well as the Basis of the legislation of the Russian Federation on notaries. To enter into an inheritance, you must:

  1. Prepare an initial package of documents, including the death certificate of the testator, papers confirming the existence of a relationship with the person, as well as an identity card.
  2. Perform a will search. First of all, it is necessary to check the availability of a document at the testator’s last place of residence. Additionally, it is worth talking with the citizen’s relatives. If you are unable to discover the will yourself, you need to contact a notary. He initiates a search for the document.
  3. Provide a package of papers and write an application for inheritance. The notary will inform you what additional documents will be required.
  4. Present the missing papers and wait until the period for entering into inheritance is completed.
  5. Obtain a certificate and re-register the property of your stepmother or stepfather.

Inheritance of children if adoption is canceled

The adoption can be canceled through the court (Part 1 of Article 140 of the RF IC) if the adoptive parent:

  1. does not properly fulfill the duties assigned to him by current legislation;
  2. abuses parental rights;
  3. treats an adopted minor cruelly;
  4. chronically ill with alcoholism or drug addiction.

These grounds are reflected in Part 1 of Art. 141 RF IC.

If the court makes a decision to cancel the adoption, all relationships (rights and obligations) of the adopted person with the adoptive parents (his relatives) are terminated. In addition, relationships between children and blood relatives are subject to restoration. These provisions are reflected in Part 1 of Art. 143 RF IC. Thus, after the adoption is canceled, the adoptive parent’s property cannot be inherited.

Cost of registration of inheritance

The stepson and stepdaughter are not recognized as close relatives. Therefore, they pay increased state duty. Its value is fixed in Article 333.24 of the Tax Code of the Russian Federation; the payment is 0.6% of the value of the property, but not more than 1 million rubles. Additionally, there may be costs associated with paperwork. In particular, it is necessary to pay for an examination of the value of the property. Its price starts from 5,000 rubles. The exact cost depends on the region, the amount of property, its composition and other factors. To simplify the registration of property, you can enlist the support of a lawyer. The specialist will perform all required procedures. Lawyer services are paid separately.

Mandatory share in inheritance

It is regulated by Art. 1149 of the current Civil Code of the Russian Federation, the rules of which are extended to wills made since 03/01/2002. Until this date, the rules provided for by the Civil Code of the RSFSR of 1964 are applicable.

Children of the deceased who have not reached the age of eighteen, parents and spouses who have lost the ability to perform a labor function due to health conditions have the right to a compulsory share This right also applies to adopted minors, disabled children, as well as disabled adoptive parents of a deceased person.

This right is also available to disabled citizens who were supported by the testator (Article 1148 of the Civil Code of the Russian Federation).

The purpose of compulsory share rules is to provide property to economically disadvantaged heirs . Its receipt is in no way connected with the will of other heirs.

If the intestate property is insufficient or does not exist, the size of the share of the obligatory heir is formed by proportionally reducing the shares or property transferred to the heirs under the will. That is, the interest of the obligatory heir is protected by restoring his share in the inheritance to the minimum determined by law, and not by establishing a compensation payment in his favor.

The amount of the obligatory share includes the value of any property received by the obligatory heir from the inheritance mass for any reason. The obligatory share is included in the entire property, with no exception the cost of the testamentary disclaimer established for the benefit of such an heir.

The right to an obligatory share in the inheritance arises if this category of heirs is not included in the will, and also if the part of the property due to them is less than 1/2 of the share that they would receive if inherited by law.

In court, the size of the obligatory share can be reduced, including to zero, if compliance with the rights of the obligatory heir violates the rights of the heir who receives an inheritance under a will if it is impossible to transfer to him property that the heir entitled to the obligatory share did not use until the day of the testator’s death , and the heir under the will used this property for living or as the main source of funds for living .

Stepfather's or stepmother's inheritance tax

Most of the income of Russian citizens is taxed. Moreover, this category includes not only receiving money, but also property. Before July 1, 2005, it was necessary to pay inheritance tax. It was calculated taking into account the proximity of family ties and the value of the property. The rate was 5-20%. However, then the payment to the state treasury was canceled. This decision was due to the fact that citizens with average and low incomes had problems paying taxes. Now you only need to pay the state fee. Its amount is significantly lower than the tax. It is 0.3% for close relatives and 0.6% for all other persons. This rule is enshrined in Article 333.24 of the Tax Code of the Russian Federation. Stepdaughters and stepsons are not close relatives. Therefore, they pay 0.6% of the value of the property, but not more than 1 million rubles.

Inheritance rights of adoptive parents

In accordance with Art. 137 of the Family Code of the Russian Federation, the inheritance rights of adoptive parents are not much different from the rights of an adopted child. They can also claim the property of their adopted child, just as he can claim their inheritance. But there are a number of important points here. They are the heirs of the first turn, in the absence of a family for an adult adult child. Only after them come brothers, sisters, and other relatives. If the child they adopted has a family at the time of death, the wife and children of the latter also become first-degree heirs. Moreover, if the case concerns an adult child, the parents’ rights to inheritance remain in any case.

See also:

Illegal adoption and consequences of the act: punishment for broken children's destinies

If an adopted child wants to leave his adoptive parents without an inheritance, he should know: this cannot be done in relation to disabled parents. They have a so-called obligatory share. There is only one exception. If the parents who adopted the child did not care for him or provided him poorly before the age of 18, they may be considered unworthy heirs. The court does this. But, firstly, everything must be proven through the courts, and secondly, a judicial act must be submitted in response to a request for inheritance on their part. It is formalized as the verdict of the previous court. In this case, if the unfortunate parents, laying claim to the property of their adopted child, have already received something during the “division” process, they are obliged by law to return everything.

Nuances

Entering into inheritance is a right, not a duty, of a citizen. If a stepson or stepdaughter does not want to receive property, the person has the right to formalize a refusal of inheritance. To do this, you need to write a corresponding application. Additionally, you do not have to contact an authorized body to obtain property.

Inheritance is not just about receiving property. Along with the property, the obligations of the testator may pass to the citizen. For example, sometimes there is a need to repay obligations on outstanding loans. You can't just get rid of debts. The person rejects the inheritance completely. If a citizen nevertheless decides to accept the debts and property of the testator, the maximum amount of recovery will be limited. A person is liable for the obligations of his stepfather or stepmother only to the extent of the value of the property received.

Advokatregion

A stepmother is considered to be the father's wife in relation to his own children from a previous marriage. In turn, a stepfather is considered to be the mother’s husband in relation to her own children from a previous marriage. YurClub Conference The owner of the apartment (for a long time) is marrying a man. In the process, it turns out that the man has a mistress who gives birth to his child several months before the divorce from the owner, and the owner herself marries again and then dies of cancer. No one applies for inheritance, rightly believing that the apartment will go to the husband, as the only heir in the first place (the owner has no other relatives on the horizon). Who has the right to inheritance? This is how people define a very distant degree of belonging to a family clan.

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