Illegitimate child: rights, inheritance, alimony. Do illegitimate children have the right to inheritance?

Today, family values have changed a lot - this is clearly shown by divorce statistics. Many men and women refuse to enter into a marriage relationship at all - they are satisfied with cohabitation and living together. In this case, the couple has children, but they are born outside of marriage. The information is entered into the child’s birth certificate - in the “mother” column there is the mother’s full name, and in the “father” column there is the man’s full name or... a dash.

Can illegitimate children claim their parents' inheritance? What to do if the testator refused to acknowledge paternity? Let us consider the procedure and features of inheritance by illegitimate children.

What does "illegitimate child" mean?

Cohabitation between a man and a woman can be short-term or long-term.
During their time together, a couple usually has children. An illegitimate child is a baby born to a man and woman who are not in a legally registered marriage.

Quite often, men agree to register the child in their name - this is how information about the father appears on the birth certificate of their son or daughter. In fact, such a union is identical to a legal family: there is a father, a mother, a common life, and both parents are indicated in the deed record. The only difference is the lack of state registration of marriage.

However, often fathers categorically refuse to go to the registry office and acknowledge their paternity. Especially if the cohabitation was short-term, and the man does not intend to start a family with the mother of the newborn. Information about the father is usually entered into the birth certificate from the words of the mother - this is a simple formality in order to give the child a middle name.

If paternity is not established and the biological father dies, the child cannot inherit his property . However, this does not mean that there is no way out - the problem can be resolved through the courts. The mother will have to file a claim to establish paternity (posthumously). From time to time, such issues are resolved during the lifetime of the parent. For example, in order to subsequently or simultaneously collect child support. If there is a judicial act, the heir will be able to unhinderedly assume his rights.

What legal provisions protect the interests of children born out of wedlock?

Legal norms, the task of which is to protect the interests of minors born from persons whose marriage is not concluded in the civil registry office in the manner prescribed by law, are contained in the Family Code of the Russian Federation, namely in the 10th and 11th chapters of this code. In particular, the 10th chapter directly indicates when and under what circumstances parents and their child have mutual rights and obligations, how the origin of a minor should be established, when paternity can be established by going to court, how the fact of paternity can be recognized with the participation of court, in what cases it is possible to challenge not only paternity, but also maternity, as well as how to register a newborn.

It is worth considering that the provisions of the Family Code on the situation of illegitimate children are not the only provisions of legislation on this issue. Thus, the Civil Code of the Russian Federation does not deprive illegitimate children of the right to receive an inheritance after the death of their father or mother.

Case studies

Illegitimate children often receive their father's inheritance if there is evidence of relationship. Examples include the following situations :

After the man’s death, the apartment that was purchased during the official marriage remained. Before his death, he made a will, according to which he left his wife as the only heir. But he left two illegitimate children: a 19-year-old daughter and a 7-year-old son. The obligatory share is allocated to the youngest son, who, in the absence of a will, could receive 1/6 of the apartment, but due to the presence of an official order, he is allocated a share equal to 1/12.
The heir of a deceased man is a daughter born in marriage. But immediately after his death, it turned out that he had a second illegitimate daughter, and she managed to establish paternity with the help of the court. Therefore, the man’s apartment is equally divided between his two daughters.

In judicial practice, there are many situations where strangers wanted to get part of a rich inheritance by posing as the children of successful and wealthy people. But they rarely find evidence of kinship.

Children born out of wedlock

A child is considered born out of wedlock if his father and mother have not consolidated their relationship in accordance with Art. 10-11 of the Family Code of the Russian Federation, which establishes that marriage is considered a union concluded in the registry office in the personal presence of the spouses. After the official registration of the relationship, the spouses are issued a document (certificate) that establishes the fact of the existence of a marriage relationship between them.

There is often an opinion that a civil marriage (cohabitation) does not entail any difficulties if such a couple has children, but this is not entirely true. Despite the fact that a child out of wedlock, as a citizen of the Russian Federation, has rights and obligations, his parents will have to go through a slightly different procedure to register birth and paternity than those who have registered a marriage in accordance with the law.

Since Part 2 of Art. 48 of the Family Code of the Russian Federation stipulates that when a child is born to persons in an official relationship, the registration of the newborn is carried out on the basis of the parents’ marriage certificate; persons who do not have such a certificate face a more complex registration procedure.

Rights of an illegitimate child

The rights of a minor are prescribed in Chapter 11 of the Family Code. According to the provisions of this chapter of the law, every minor has the right to be raised in his family by his parents, as well as to receive information about his parents. For example, establishing paternity guarantees the child respect for his right to know his parents. In addition, every minor (including those born out of wedlock) has the right to bear the surname of their father (Article 58 of the Family Code of the Russian Federation).

Particular attention should be paid to Article 53 of the Family Code of the Russian Federation, which legislates the rights and obligations of minors born from unmarried parents. The literal interpretation of this article indicates that children of persons born out of wedlock are entitled to a full set of rights. Also in accordance with Art. 60 of the Family Code of the Russian Federation, minors have the right to receive full financial support from their parents, and a similar obligation is imposed on persons who are not in a marital relationship. The responsibilities of such persons to support their children are enshrined in law, and the law does not allow neglect of these responsibilities.

It is important to keep in mind that if paternity is established, the father may be required to pay child support. Alimony can be collected by court decision, including for children out of wedlock.

The mother of illegitimate children does not have legal grounds to receive alimony for her maintenance, and can only receive alimony for a minor. Child support for a minor is another guarantee enshrined in law.

General provisions

Domestic legislation provides for two ways to enter into inheritance of property:

law;
testamentary.

The specifics of the inheritance rights of illegitimate children depend on the presence of a will.

Is it possible to claim an inheritance for a child born out of wedlock?

A person born (or adopted) outside a marriage can receive part of the property, regardless of the method of inheritance. But the father has the right to deprive him of such an opportunity by indicating this circumstance in the will.

If the will of the deceased is absent, an illegitimate applicant can enter into inheritance rights by proving the fact of biological relationship after submitting to a notary:

birth certificates;
documentary evidence of adoption;
a court decision based on the results of a biological examination, witness testimony and other legally recognized evidence of relationship with the deceased.

Important! The evidence base is taken into account by the court only if it is obtained in a legal manner.

Who receives the inheritance after the death of one of the spouses?

The order of inheritance after the death of a spouse varies depending on the grounds.

The process depends on the following reasons:

whether the spouses have a prenuptial agreement;
whether the marital share is allocated;
whether a will has been drawn up;
whether the will is individual or joint;
whether the spouse has the right to a compulsory share.

This fact is of fundamental importance when dividing property after the death of a spouse.

The estate includes:

personal property of the spouse;
share in joint property between husband and wife;
personal debts and his share in total debts.

In the event of the death of one of the spouses, the right to his property is received by:

second spouse;
children (natural and adopted);
parents;
disabled dependents;
citizens and legal entities specified in the will.

In law

Inheritance by law is regulated by Chapter. 63 Civil Code of the Russian Federation. In accordance with Art. 1141 of the Civil Code of the Russian Federation, property is transferred in order of priority.

That is, after the death of a spouse, the first priority heirs receive the right to property.

These include:

official wife;
children (common, illegitimate, adopted);
parents of the deceased spouse.

By will

The spouse has the right to make a will at any time. Moreover, he is not obliged to notify his relatives about his decision.

The law allows a citizen to independently dispose of his property. Therefore, he has the right to deprive all legal heirs of a share in the property and choose another candidate.

By will, property can be transferred:

any individuals (regardless of age and legal capacity);
any legal entities (acting at the time of opening of the inheritance);
to the state.

By joint will

Since 2021, spouses have the opportunity to draw up a joint will (Article 1118 of the Civil Code of the Russian Federation). The document may provide provisions in the event of the death of each spouse and in the event of a joint death.

The husband and wife jointly decide on the transfer of jointly acquired property and personal property of each of them.

The document allows the surviving spouse to use the property for life. Without worrying about the appearance of heirs from among the relatives of the deceased.

A joint will is subject to the rules on compulsory share. That is, in the event of the death of a citizen, a share will be allocated from the inheritance mass for his dependents (at their request).

Marital share

The marital share refers to the surviving spouse's portion of the joint property of the husband and wife. Moreover, it does not matter which of them the object is registered to.

In accordance with Art. 34 of the RF IC, each party has the right to ½ share in the property.

In order to allocate the marital share, the surviving party must:

Contact a notary with an application.
Pay the state fee.
Obtain a certificate of allocation of the marital share.

Subsequently, the law allows you to go to court to allocate a share. But the procedure is much more difficult.

Receiving a spousal share does not mean that the wife cannot receive a share in the deceased's property. If she is included in the will or the property is transferred by law, the woman is entitled to a share in the property.

Right to mandatory share

The husband can draw up a will, removing his wife from the list of heirs. However, the law provides for a situation where it is impossible to exclude the official spouse from the expression of will.

A spouse is entitled to a compulsory share if:

is disabled;
was dependent on the spouse for more than 1 year (due to pregnancy and childbirth);
has reached pre-retirement or retirement age.

Case study:

Inheritance for an illegitimate child.

To begin with, it is worth saying that illegitimate children and children born in marriage have equal rights. It is not the child's fault that the parents were not married at the time of his birth.

And both parents have equal responsibilities to the child. This includes education, financial support, and child care. This rule is clearly stated in Article 52 of the Family Code of the Russian Federation.

In terms of inheritance, illegitimate children have all the same rights as legal heirs. If the child is not recognized, if the father did not know about the existence of his child, this does not matter.

For fathers who refuse to recognize their children, there is a procedure to establish paternity. It is carried out in court.

You can voluntarily enter your child into your passport through the registry office. To do this, the mother and father must write an application and submit their data.

Changes will be made to the child’s birth certificate, or his passport, or to the parent’s passport.

Article 1142 of the Civil Code regulates the inheritance rights of legal relatives. First of all, these are children, parents, legal spouse.

However, the law does not contain any clarifications about the status of children. The law protects the right to inheritance of a child born out of wedlock.

Children born out of wedlock receive the same share of their parents' wealth as children born into marriage.

Wills and illegitimate children.

If the will is drawn up in advance, the father can disinherit his children: both illegitimate and legitimate.

If the application does not contain any inaccuracies, the inheritance will be divided in accordance with the wishes of its originator.

A father can disinherit his children. But if at the time of death he has minor heirs, they will receive an obligatory part of the estate.

This rule also applies to those children who are pensioners due to health or age. They are also entitled to an inheritance, regardless of the will drawn up.

This rule is regulated by Article 1149 of the Civil Code of the Russian Federation. A mandatory share will be allocated to the illegitimate child, but the relationship must be proven.

The examination can be carried out after the death of the potential father.

Inheritance process

Receiving the property of a deceased relative occurs in 2 ways:

according to the law, according to the order of successors;
under a will in which a specific person or group of persons is named.

To obtain the right to the property of the deceased, you must be a first-degree heir. That is, the closest relative, which is:

children;
parents;
spouse.

Expert commentary

Leonov Victor

Lawyer

If the applicant is sure that he is an illegitimate child of the testator, he needs to prove this fact. To do this, a paternity establishment procedure is carried out.

Peculiarities of receiving an inheritance by an illegitimate child under 18 years of age

Despite the fact that illegitimate children have the right to inheritance, they will not be able to apply on their own until they reach 18 years of age. Only legally capable citizens have the right to submit an application for the right to inheritance to a notary. From the age of 14, a teenager has partial legal capacity. The exception is cases when the minor is legally married or recognized as emancipated by the guardianship and trusteeship authorities.

What parents of illegitimate children need to remember when inheriting the property of the second parent:

The rights and obligations of recognized children and those born in an official marriage do not differ. They will receive equal shares of the inheritance. For example, if a father has a 12-year-old illegitimate child and is married to a woman, having one adopted and one natural child from her, in the event of his death, the inheritance acquired by him before marriage is divided equally between all children and the legal spouse.
If a child under 18 years of age was not included in the will drawn up by the father, he can claim a mandatory share of the inheritance.
Minors cannot independently claim rights to inherited property. Before they reach the age of 14, a parent or legal representative contacts a notary, and after 14, the consent of the responsible persons is required.
Refusal of an inheritance is possible if its acquisition would be contrary to the interests of the children. For example, if the father’s debts significantly exceed the income portion of the inheritance, it is more advisable to refuse to receive it. In order to exclude a criminal conspiracy between relatives, permission from the guardianship and trusteeship authorities is required for non-acceptance of inheritance.
An illegitimate child will not be able to dispose of the inheritance until he reaches adulthood. Measures to ensure the safety of valuables are entrusted to legal representatives. Their actions are coordinated by the guardianship and trusteeship authorities.

Legislative regulation

Basic information about whether illegitimate children can claim an inheritance is given in Chapter 5 of the Civil Code . All successors are divided into several queues, for which existing family ties with the testator are taken into account. Children born both in an official marriage and outside the barque are represented as priority heirs under Art. 1142 Civil Code . If they submit their application on time, they receive the same share of the inheritance as other claimants represented by the children born in the barque, the spouse and parents of the deceased.

Children can receive their father's inheritance:

born in an official marriage with their mother;
born as a result of cohabitation without registering a relationship;
adopted on the basis of a court decision.

Children can live in the same territory as the testator or in another city. Even if a parent has been deprived of his parental rights, his property after death is still distributed among his offspring.

Alimony for illegitimate children.

Since the law makes no difference whether a child is born in a marriage or not, alimony for an illegitimate child is the same as for children born in a marriage.

This means that the mother of a child can file for alimony even if the man is married to another woman and has children.

To file for child support, the father must be listed on the child's birth certificate.

Lawsuits are also filed on behalf of single mothers who want to protect the rights of their children.

The procedure will be standard: the blood father will be required to pay child support until he turns 18. But she will lose her status as a single mother.

Proof

The simplest way is to display information about both parents on the baby’s birth certificate. Considering that an entry in a birth document is made only on the basis of the mutual consent of both parents, this mark is considered the father’s automatic consent to his biological relationship.

Things get worse when you have to prove paternity through court. In particular, this will be required if the man categorically does not agree to recognize himself as a parent. If parents give birth to a child outside of an official marriage, ignoring information about the father (in order to obtain the status of a single mother), difficulties may arise in the future with the acquisition of inheritance rights.

So, in order to confirm paternity through the court, the interested person must send a corresponding petition to the judicial authorities, additionally providing a list of evidentiary documents, which may include:

witness statements;
personal correspondence of parents;
photo or video recording of conversations.

The court can also initiate a genetic examination, but it is possible only with the mutual consent of all participants

It is also important to remember that the final decision in the dispute is not affected by whether the children are from a first marriage, or whether the baby was born without official registration of the relationship

Considering that paternity burdens the parties with mutual rights and responsibilities, mothers are not in a great hurry to prove the paternity of a negligent parent, so as not to create additional problems for their child in the future. But everything changes when the opportunity arises to inherit material assets. In this regard, a procedure is provided for recognizing paternity after the father is declared dead and inheritance proceedings are opened.

The procedure for establishing paternity.

Let's look at this issue in more detail.

Who can file for paternity?

This can be done by the mother of the child.
Any of his legal representatives.
Representative of the guardianship service.
The child himself, when he turns 16 years old.

This is usually done if the legal father does not want to admit that he has something to do with the birth of the child.

A claim is filed, it is considered, and a DNA examination is carried out. Additional evidence includes conversation records, letters, and witness statements. Any evidence can be presented in court.

The court will order an examination that will help establish blood relationships. If the father of an illegitimate child refuses a DNA examination, his action is interpreted in favor of the plaintiff: in this case, it is an illegitimate child.

Therefore, if a man finds himself in a similar situation, and is really sure that he is not the blood father of the child, conducting an examination is in his interests.

Inheritance by an illegitimate child under a will

The presence of a will eliminates the need to prove kinship with a deceased citizen. If the order specifies a specific person, it is enough to confirm your identity with a notary. A birth certificate is not required, since the deceased could indicate in the will not only relatives, but also strangers.

If the owner assigned part of the property to an illegitimate child , no problems will arise - the child will enter into inheritance rights. True, if he is under 14 years old, the acceptance of the inheritance is entrusted to the mother - as the legal representative of the child (Clause 1, Article 26 of the Civil Code of the Russian Federation, as well as Article 64 of the RF IC).

Mandatory share in inheritance for illegitimate children

Can a testator disinherit an illegitimate child? Yes. Freedom of expression is limited only by the rule on the obligatory part of the inheritance. A will allows the testator to determine the composition of recipients, the type of property, the size of the shares of the heirs, as well as the authority to eliminate unwanted applicants. However, the testator must take into account the provisions of the law on compulsory share in a will. According to Art. 1149 of the Civil Code of the Russian Federation, an illegitimate child will be able to receive ½ part of the share by law if he has not reached the age of 18, is disabled or is a dependent of the deceased. Of course, provided that the testator was the father of the heir.

As you can see, the children of the testator are the primary heirs. However, we are talking about legitimate sons and daughters - if paternity is not confirmed by a death certificate, then a court decision will be required. The absence of such a document prevents the entry into inheritance rights. An exception is if the applicant is dependent on the testator (Article 1148 of the Civil Code of the Russian Federation).

For an illegitimate child or his representative it is sufficient:

Contact a notary.
Write an application to accept an inheritance - according to the law, or to enter into an inheritance - according to a will.
Provide evidence of cohabitation with the deceased citizen for more than a year and being supported by him (extract from the house register, certificate from the social protection department).

Under such circumstances, the illegitimate applicant inherits property on an equal basis with the heirs by law - it is not necessary to prove paternity.

How does this happen

Each child has a birth certificate in which his mother and father are registered. If a specific person is indicated in the “father” column, then there will be no problems with establishing paternity, since the man has already recognized his responsibilities at birth. Then it does not matter whether the parents were married or the relationship was extramarital. This child is entitled to his share of the deceased father's estate.

If there is a dash in the “father” column in the document, then difficulties may arise. Since we are talking about a deceased person, there is no question of voluntary recognition of paternity. It will be necessary to prove this fact in court.

The procedure for receiving an inheritance by an illegitimate child includes 2 stages:

proof of the fact of belonging to the deceased;
entry into inheritance.

Can an unborn child receive an inheritance?

Modern legislation takes into account almost any life situation. One of them is the presence of a conceived but unborn child. The interests of the child are protected by a notary (Article 1166 of the Civil Code of the Russian Federation). He can learn about such a fact from one of the heirs or directly from the mother of a potential applicant for the testator's property.

If a notary has received an application to suspend a notarial act, he issues a corresponding resolution (Article 41 of the Law on Notaries). The document is valid for 10 days . This period is given to the applicant to file a claim in court and provide evidence of this fact.

If the court opens proceedings, the notary's decision is valid until the end of the proceedings. If the fact of paternity is confirmed, the born child is included in the heirs. His interests are represented by legal representatives: they accept the inheritance, receive a certificate of inheritance and register the property.

Can parents or guardians refuse an inheritance? If the court proceedings reveal that the inheritance is not valuable for the child or the obligations of the testator exceed the value of the property, the legal representatives of the illegitimate child may renounce the property rights. However, they must first obtain the consent of the guardianship authority. The application will need to be accompanied by documents confirming the inappropriateness of entering into inheritance rights. After receiving the consent of the guardianship authority, parents or guardians can freely submit a waiver application to the notary.

The issue of inheritance largely depends on the presence/absence of documents confirming the family relationship with the testator. Illegitimate children inherit property on the same basis as blood descendants. However, they need to prove their relationship to the deceased - the proof is a birth certificate or a court order establishing paternity. An exception is if the child is dependent on the testator. Under such circumstances, he can inherit the property like any other applicant in line.

What documents are needed

As we mentioned earlier, in order to be sure that the claim for recognition of paternity will be satisfied, it is necessary to carefully prepare for this process. For example, indicate in the claim the date when the mother found out about the pregnancy, confirming this fact with an issued medical certificate, or describe the father’s reaction to the news of her pregnancy.

At the same time, to recognize paternity after the death of the father, the following documents will be needed:

certificate of family composition;
heir's birth certificate;
death certificate of the testator;
a certificate from the place of residence, which serves as proof of the fact of cohabitation.

However, before filing a claim, we recommend that you check the list of additional required documents at the notary’s office. After all, this list is formed depending on the characteristics of a particular case.

An equally important factor is providing evidence of a close relationship. Therefore, the court must provide:

The authenticity of these materials will be verified in court. But, if there is any doubt, the plaintiff may request an additional examination.

What to do if the rights of a minor are violated?

Illegitimate children and their mothers sometimes face many problems. If a child has not reached the age of majority, then in any case he can count on the protection of the state. Each district (city) has a special service that deals with these issues. If you can’t solve the problem yourself, contact a specialist. Government employees are obliged to help completely free of charge. In addition, these people have both practical skills and special knowledge. It is their duty to explain how to act in a given situation, help with paperwork, and so on. Don’t let things take their course, protect the rights of your children, but wisely, so as not to get into even more trouble. Good luck!

How to confirm paternity in order to receive an inheritance?

Confirmation of paternity is regulated by Art. 49, 50 IC RF and is achieved:

voluntarily - through the registry office;
forcibly - by court decision.

The statement of claim is submitted by the immediate claimant or his mother.

Registration through the registry office

In case of voluntary recognition of the child, the mother and father submit an application to the government agency in the prescribed form No. 12.

Sample form No. 12

It is accompanied by:

applicants' passports;
certificate from the maternity hospital;
birth certificate;
receipt of payment of the state fee.

If the mother died earlier, lost her parental rights or disappeared without a trace, the father is allowed to apply with the additional provision of documentary evidence of consent to adoption.

Through judicial review

If the baby was born in a civil marriage or three hundred days after the official divorce, if the father refuses to apply to the registry office, the relationship is proven in court.

When the applicant for an inheritance reaches the age of majority, he has the right to file a claim independently. Otherwise, this is done by the child’s guardians, trustees or keepers.

Arguments

The court is obliged to take into account any of the presented evidentiary documents obtained without violating the law:

results of genetic studies;
personal records (including email correspondence);
Confirmation of paternity recorded by the parent on social networks - photographs, representations, etc.;
audio recordings of telephone conversations;
witness statements confirming the cohabitation of mother and father;
evidence of the deceased’s financial care for the baby in the form of payment documents for the purchase of toys, clothes, etc.

The listed evidentiary materials have varying degrees of weight and are considered by the court taking into account the complex of documents presented.

If the court considers the arguments presented sufficient and approves a supporting resolution, the heir must obtain the appropriate certificate from the registry office.

Inheritance procedure for illegitimate children in the presence of a will

If there is a will of the deceased, the testator independently decides how to divide the property. Property can be transferred:

legitimate descendants, with the exception of those born out of wedlock;
in the reverse order - only illegitimate, bypassing the legitimate ones;
in equal shares among everyone.

If the will is drawn up incorrectly, the document may be challenged in court.

Mandatory part

It is not allowed to disinherit illegitimate children from among the obligatory claimants at the time of the death of the testator:

under the age of majority;
disabled people (disabled people of the first - third groups);
students of educational institutions, aged from eighteen to twenty-three years.

The amount of the obligatory share of the inheritance is half of what is required by law.

Posthumous establishment of paternity

This happens if:

the parents were not married, but the father was ready to recognize the child at any time, participated in his upbringing, but did not have time to get to the registry office and submit a joint application with the mother. Then you need to be guided by Art. 50 RF IC;
the parent died before the child was born, or he had no intention of recognizing him at all. Then you need to be guided by Art. 49 RF IC.

In all cases, it is necessary to file a claim with the court. It must be drawn up in accordance with Art. 130 – 131 Code of Civil Procedure of the Russian Federation. It must be submitted to the court at the place of residence of the plaintiff - the child himself or his legal representative.

The claim must include the following information:

full name of the court to which the plaintiff is filing documents;
plaintiff's details;
all the facts of the birth of a child. Here you need to indicate under what circumstances the parents met, when the child was born, and the attitude of the deceased to this fact;
It is necessary to provide as much evidence of paternity as possible. For example, testimony of witnesses who can confirm the fact of cohabitation during the birth of the baby, photo and video materials, and other evidence;
if a genetic examination was carried out in advance, this will significantly speed up the process in court;
other circumstances that will help establish the truth in the case;
please establish the fact of paternity for the child to inherit. It is also necessary to state the requirement to change his patronymic and surname, to make changes to the archival record of the registry office;
a list of documents that the plaintiff attaches to the claim to confirm the stated facts;
date of application;
the applicant's signature, as well as a transcript.

What papers are needed?

It is necessary to attach copies of all documents that are directly related to establishing the truth. For example, if the applicant has a certificate from the antenatal clinic about determining the duration of pregnancy on a specific date, then a copy of it must also be attached. In addition, apply:

a copy of the claim itself for the representatives of the defendant;
a document confirming the birth of a potential heir;
a copy of the document confirming the death of the testator;
petitions to call witnesses or conduct a genetic examination;
other documents confirming the stated facts. For example, letters, joint photographs of “father/child”, which have a corresponding inscription, comments on social networks, etc.

A DNA test is the most accurate way to confirm the relationship between specific people. If it is not possible to prove paternity in another way, it is necessary to submit a petition to the court to conduct such an examination.

Genetic examination

To obtain the result, it is necessary to compare the biological material of the deceased with the material of the applicant for the inheritance. But, since the testator has died, you can make a fence from his closest relatives - parents or children. If a match is found, the court will determine that the deceased was the father of the declared child, and the latter has the right to claim his property. But, if the deceased had no immediate or other blood relatives, then exhumation must be carried out. To do this, you must submit a corresponding application. The judge will review it and decide on the need for this procedure.

Once a DNA test confirms a close relationship, an illegitimate child has the right to:

change your data, in particular your middle name and last name;
equal communication with other children and relatives of the deceased;
receive various social benefits related to the loss of a breadwinner;
claim inheritance.

While the process of establishing paternity is underway, other relatives cannot receive their shares in the property of the deceased.

Rubric “Question/Answer”

My husband and I are divorced, but we live together. He is due to have a child with another woman this summer. What rights will he have?

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

Legitimate or illegitimate children have the same rights to the inheritance of their parents. Moreover, even if the father dies, but the child is not born out of wedlock, he is also entitled to a share in the inheritance. Children in the womb have the same rights to inheritance as the living children of the testator.

I have the following situation: I lived with a guy in a civil marriage (cohabitation), we had a daughter. According to the documents, he is the official father, and the child is registered in his apartment together with him. We separated and the child remained registered with him, and I myself moved in with my parents. I officially filed for alimony, but he didn’t pay for 5 years, and as a result, the debt grew. He then got married and has another daughter. I recently found out that the children's father died. Tell me, what should I do with his alimony debt and what should I do with the apartment where my daughter is registered? Do I have the right to claim it for my daughter’s future residence?

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

Hello!

Two things stand out from your situation:

Alimony. The death of the payer terminates the payment of child support - by virtue of Art. 120 IC RF. However, if there is debt, it will not disappear anywhere. If the heirs take over the property of the deceased, they will automatically inherit his alimony debts. You will have to answer in accordance with the share of the property received. You have a chance to claim arrears of alimony after the death of your father - to do this, you need to submit an application for calculation of the arrears to the SSP. The bailiffs will calculate how much your former partner owes. Then you need to file a claim for debt collection . The defendants in the lawsuit will be the heirs who received a share in the property after the death of the child's father. The court examines the case materials and makes a decision. It is best to contact a lawyer to competently draw up a claim and refer to relevant articles of the law, for example, Art. 1102, 1110 of the Civil Code of the Russian Federation and others.
Child registration. Cohabitants are not included in any of the hereditary branches. Most likely, you will not get the apartment of your former partner, but the illegitimate daughter is the heir in the first place (Article 1142 of the Civil Code of the Russian Federation). If the deceased did not make a will, your daughter has the right to a share in her parent's apartment. At the same time, the father’s unborn child will have the same share. The wife is also applying for an apartment. Usually in this case it is necessary to divide the inherited property. One option is to negotiate peacefully and draw up an agreement on the division of the inheritance. But in any case, if the daughter is among the heirs by law, she will retain the right to register in the apartment of her deceased father . The main thing is to submit the application to the notary on time. If the child is 14 years old, he writes the application himself, and if not, the parent does it for him.

Thus, you will be able to collect alimony debts, as well as take care of your daughter’s entry into the inheritance of her deceased father. The key role is played not by cohabitation, but by the fact of paternity. Children inherit from their parents, regardless of whether they are born in wedlock or illegitimate.

The husband died, the children got the land. An illegitimate daughter appeared, but paternity has not been established. Can she sue part of the land plot?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Yes maybe. But to do this, she will have to file a claim for recognition of paternity (posthumously). If this happens, the current children-heirs will have to act as defendants. The illegitimate daughter must prove that the deceased voluntarily recognized her as his child during his lifetime. Be prepared for her to provide photos, videos, copies of letters, postcards, correspondence, and purchase receipts. There may also be testimony from relatives, friends, work colleagues and others. If the heir who appears does not apply to establish paternity (posthumously), there will be no problems. If she files and the court rules in her favor, the shares of the land plot will have to be redistributed taking into account the new applicant. The shares of current heirs will decrease.

Illegitimate children are exactly the same heirs as legitimate offspring.
The main problem is to establish the fact of paternity. To do this, you have to collect evidence and act as a plaintiff/defendant in court. Often the matter is complicated by the death of the father. Then you have to prove that paternity was voluntary. It is possible that the heirs will begin to defend the accepted property and try to challenge paternity. If the case has reached a dead end, you don’t know where to start or where to turn - write or call the site’s lawyers. Such matters require a balanced approach. Will the lawyer advise what to do, what to refer to and how to avoid mistakes? Legal assistance will significantly increase the chances of inheritance for illegitimate children. Contact us, we will help! Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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