Is a child from a first marriage entitled to an inheritance? Can children from a first marriage claim an inheritance?

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Married relationships are not always stable. After some time, people may divorce, but if children are a result of living together, each parent is responsible for their well-being. In the event of the death of a father or mother, a child from one marriage has the same rights to the parent’s property as offspring from subsequent marital relations.

Right to inherit parents' property

According to the law (Article 1142 of the Civil Code of the Russian Federation), children are heirs of the first priority by law. This principle also applies in the event of divorce. Inheritance rights are not affected by the parents’ divorce or the fact of their cohabitation. Heirs have the right to claim their father's inheritance if the birth or adoption documents contain the testator's details. Children can be applicants:

Having a blood relationship with the deceased. It doesn’t matter in which marriage they appeared.
An illegitimate son or daughter, if paternity has been proven or has been recognized in court.
Officially adopted.
If the child was conceived as a result of artificial insemination with donor material, the spouses must give written consent to this method of conception, and on its basis, citizens are indicated in the record book as the parents of the baby. In case of divorce, the father does not have the right to renounce paternity of the child.
Those who are unborn but conceived in marriage receive rights to inherit their father's property after birth.
Children whose parents are deprived of paternity may inherit their property.

For offspring from the first marriage, the rule of inheritance by the right of representation for parents applies. If the grandfather dies, and then the father, then the children inherit the property of their grandfather.

Example. The man owned property in the form of an apartment purchased during his marriage with his 2nd wife, that is, he was the owner of ½ of the apartment. After his death, his son also dies, leaving behind two daughters. The man’s inheritance will be divided in this way: 2/3 (1/2+1/6) of the apartment will go to his wife, and 1/6 each to his granddaughters.

This does not apply to persons deemed unworthy.

If there is a will

A child born in a first marriage can claim an inheritance and is considered a first-degree heir. It is possible that a parent makes a will without including children from his first marriage.

Inheritance in such a case will occur by will. The Civil Code of the Russian Federation states in Article 1119 that the testator has the right to deprive one or more heirs of property by will.

However, there is one important point that is provided for by law. If a child from a previous marriage is a minor or disabled, he can receive the due share regardless of who should inherit the property under the will.

Article 1149 of the Civil Code of the Russian Federation states that the size of such a share is equal to half the share that the minor would have received if a will had not been drawn up.

For example, according to the will, the testator’s apartment is inherited by the spouse and child, but a minor or disabled child was not included in the will. By law, he could claim a 1/3 share of half the apartment. According to Article 1149, he inherits half of 1/3, that is, 1/6 of the share.

A child can challenge a written will according to the following points:

the will was drawn up incorrectly;
the testator wrote a will after he was declared incompetent;
the testator could not control his actions when writing;
the parent was influenced, misled or threatened with violence;
in case of a sham transaction.

If there are violations of at least one of the points, it is quite easy to invalidate the written will; this is done in court. Under new circumstances, the process of obtaining valuables will occur according to the law.

To obtain a positive result in recognizing the invalidity of the will, the heir must apply to the court with an application. However, this is done only after the opening of the inheritance.

Persons who were on the list of the will reserve the right of inheritance, but according to the law.

In what cases do children become unworthy heirs?

If they made an attempt on the life of a parent or other heir.
They interfered with the fulfillment of the will of the parent, trying to increase their share.
They did not worry about the parent, did not look after him, did not help when necessary. The Family Code establishes the obligation of adult children to support their parents.

For heirs born in marriage, there are no difficulties with registering property. But how can applicants born out of wedlock get their due?

The presence of a will and its impact on the order of inheritance by children

The procedure for accepting an inheritance by children is greatly simplified by the will of the parents. If everything is left to the children from the second marriage, the children from the first will not be able to claim anything. And vice versa. True, according to the law, it is possible to challenge a will, but the court initiates such a procedure only if there are the most serious grounds . For example, if there is evidence that at the time of drawing up/signing the will, the testator was incapacitated and did not realize his own actions.

If at such a court hearing the testator's will is declared invalid, all heirs will be called upon to inherit according to the law, in the established order and priority.

Does an illegitimate child have the right to inheritance?

Civil marriage or “cohabitation” is not recognized by Russian law and has no legal force, therefore the possibilities of inheritance for a woman in such a marriage are very limited.

An illegitimate wife can claim the share of a cohabitant only if the man left a will or she was disabled and dependent on the deceased.

An illegitimate child, unlike the mother, has the same rights to inheritance as those born in the 1st, 2nd and subsequent marriages, but faces difficulties in determining its status.

It is important that the fact of paternity is recorded in the birth certificate and civil register.

There are 2 ways to document paternity:

After the birth of the baby, the father and mother must submit applications to the state civil registration authority;
go to court.

Not only the mother, but also the guardian (trustee), the person who is dependent on the baby, can file an application with the court. Upon reaching the age of majority, a son or daughter from a first marriage can submit such an application themselves.

Important! If proof of paternity is necessary to claim inheritance rights, then a claim must be filed indicating the intention to inherit the property.

The other heirs will become defendants. To confirm a direct relationship with the testator, it is necessary to provide evidence: photographs, videos of spending time together, SMS correspondence, photos from social networks, receipts of financial receipts to the mother, testimonies of friends and other witnesses. Genetic testing is possible.

If the father has already died, the information is analyzed: whether the person was capable of conceiving, whether he was on a long business trip, whether the blood type of the offspring excludes paternity.

Handling such cases is a complex process; much depends on the testimony of witnesses and the availability of evidence.

Can illegitimate children claim the property of a deceased father?

From the legal side, such a question is not considered correct. In our legislation there is no division between children who were born in the legal marriage of their parents and those who were born in a common-law family.

Children of both categories are equal in their rights in relation to the parent, this also applies to receiving an inheritance. But it’s still worth paying attention to some points.

To be sure that a child whose parents have not formalized the relationship can count on an inheritance, it is necessary to remember on what principle property is inherited. As part of the will, material assets are guaranteed to be transferred to persons from the list of recipients.

The testator decides who will be on this list. It also happens that the biological father does not include children in this list. If the receipt of valuables is considered in the order of legal priority, then a completely different mechanism is provided here.

The first priority includes parents, spouses and children. The regulatory documents say nothing about the category of children who could be limited in receiving an inheritance.

Consequently, illegitimate children can count on receiving the material assets of the deceased father.

The moment of proving the child’s relationship with the deceased father is also important, implying the establishment of paternity.

There will be no problems if the birth certificate contains information about both parents. The difficulty arises when the father does not want to recognize his parental rights. In such circumstances, relationship can be proven through court.

There are cases in judicial practice when recognition of paternity occurs after the death of a parent. When it comes not only to recognition of paternity, but also to obtaining the right to claim an inheritance, you need to file a claim in the interests of a child who was born in a common-law family and is a potential heir.

A genetic examination may also be ordered by the court if it helps to identify circumstances for resolving a civil case.

For examination, fingerprints are taken from the grandmother or grandfather, but other relatives may also be involved . After all the procedures, the court issues a decision recognizing paternity.

Next, the court decision must be presented to the registry office to register the established fact. This will be the basis for an illegitimate child to receive an inheritance.

Who inherits for minor children?

The legal capacity of a citizen under 18 years of age is limited. How then to claim the inheritance?

Heirs under 14 years of age do not have legal capacity. From 14 to 18 years of age, a teenager has partial legal capacity. Official representatives of the child: parent, guardians, adoptive parents, trustees.

If the offspring:

under 14 years of age, the application for inheritance is drawn up and submitted by his legal representative;
over 14 but under 18 years of age, he can submit an application independently with the consent of representatives.

Minor children from the first marriage who are not included in the will can claim a mandatory share in the inheritance.

A teenager aged 14-18 may renounce his share due to him with the consent of his trustees.

The interests of a 14-18 year old boy or girl can be represented by the persons specified in the power of attorney, where the signature of the heir is affixed, certified by another notary.

After accepting the inheritance, the costs of maintaining it fall on the representatives. They can donate or sell property under the control of the guardianship authorities and only in the interests of the minor.

From the age of 18, the heir can dispose of his share himself.

Inheritance if parents are divorced

The notary provides certificates of ownership of the inheritance in six months - not immediately. Such a long time frame is necessary so that all the heirs of the deceased are able to enter into legal rights of inheritance, starting from the day the father died. This means that you need to visit the notary twice. The first time was immediately after death, and the second time was six months later.

Division of inheritance If the will of the deceased does not contain specific instructions about what will go to whom, then the division of property occurs between the relatives themselves. If the deceased had a bank account, the funds are divided among the first-priority heirs in equal parts. Other property issues are agreed upon between the heirs before going to the notary.

Manipulations with inheritance can be of an exchange nature.

Do I have the right to my father's inheritance if my parents are divorced?

If there is a bank account, it is divided into two equal shares or otherwise agreed upon. A share of the amount can be given to the other party for a share in a house or apartment, as well as for the right to register ownership of a car or use other valuable things. Based on the situation, it is clear that the deceased man’s own child and the new wife lived, possibly, in the same living space.

Important What to do in this case, who and how to inherit the apartment after the death of the father? In the same way, by agreement, the parties resolve this issue.

A situation may arise that the child gets a dacha, and the wife gets an apartment.

Most often, there is a serious struggle for square meters, so in this case, if the stepmother evicts the child, it is necessary to go to court. A statement of claim is filed complaining about the actions of the stepmother, as well as with a request to divide the property according to the law - equally.

Inheritance of property of divorced parents by children

Parents deprived of parental rights lose all rights based on the fact of relationship with the child in respect of whom they were deprived of parental rights, including the right to receive maintenance from him (Article 87 of this Code), as well as the right to benefits and state benefits established for citizens with children. 3.

The issue of further cohabitation of a child and parents (one of them), deprived of parental rights, is decided by the court in the manner established by housing legislation.

My ex-husband died 4 years ago. His property probably went to his mother (he never married again).

Tell me, does our common daughter have the right to some kind of inheritance? The daughter visits her grandmother (mother of her ex-husband), although not often.

Parents are divorced, child inheritance

Most often, after this there are two solutions:

one of those claiming part of the real estate pays his part of the property in cash, allegedly buying someone else’s share;
the property is sold and the money is divided equally.

If the deceased man had inherited property from his deceased mother, it is also part of his possessions at the time of death and is included in the total number of hereditary properties to which the first persons claim.

Attention: If the man did not have time to register it in his name, everything goes to his child or children in equal parts. The wife does not have the right to property of this kind, but her common child with the deceased is the first priority claimant to the share.

Deadlines for accepting an inheritance There are situations when the heirs do not have time to accept the inheritance within the given time frame.

Neokonsaltrielty

The child from the first marriage, if he was not abandoned, is also included in the number of priority heirs;

children of a stepmother from a previous marriage in such a situation have the right to claim an inheritance after the death of their adoptive father only if he adopted them. But still, they cannot claim first place in line, but only seventh place after wife, children and parents of the deceased.

It follows from this that, regardless of the number of years lived, property acquired together and common children, after a divorce, the first wife is deprived of all rights of inheritance and remains with what was given to her by her husband during the divorce.

There are situations when a man dies and his wife remains pregnant.

The law provides for the protection of the future daughter or son in such a situation and his first priority of inheritance along with other natural children of the deceased.

How to receive an inheritance after the death of your father: step-by-step instructions

How to receive a father's inheritance for a minor Since minor citizens do not have full legal capacity (except for cases where they were recognized as legal capacity as a result of marriage or registration of labor relations/registration as an entrepreneur), the decision to enter into an inheritance is made for them by their legal representatives. In order for a minor child to receive an inheritance, his legal representative or, if the child has already reached 14 years of age, the teenager himself (with the consent of the legal representative) submits a corresponding application to the notary at the place where the inheritance was opened.

However, regardless of whether such an application was filed, the law recognizes the child as having entered into an inheritance.

If the legal representative believes that accepting the inheritance is contrary to the interests of the child, he may, on behalf of the minor, renounce his part of the property. Freedom of will is one of the most important principles of inheritance law.

But there is an exception to this rule: the father must not forget about the circle of obligatory heirs - disabled or minor children.

They have the right to a share equal to at least ½ of the inheritance that they could receive by law.

According to the law, the children of the deceased are first-degree heirs along with their parents and surviving spouse.

If there are no disagreements between relatives, the inheritance is divided in equal shares (See.

What is the obligatory share in the inheritance and who has the right to it?).

Even if the parents were divorced and the child lived with his mother, this does not prevent him from claiming inheritance in the event of his father’s death.

Child's right to inheritance after parents' divorce

At the beginning of the year, my father died, my parents have been divorced for a long time. He lived with his mother, the apartment was privatized in her name. There are no direct heirs besides me, but my grandmother categorically refuses to communicate with me. Do I have the right to some part of my father’s inheritance?
The new wife of the divorced father will also receive a deduction for children. If he pays alimony.
If my husband adopts my daughter, what about the inheritance from her birth father?
Protecting your Rights is our job! Legal consultation.
Does a child have the right to inheritance if adopted after the death of a parent?
Do I have the right to my father's inheritance if my parents are divorced?
Do I have the right to claim part of the property or all the property, just as my father, before his death, made a will for all property to his common-law wife.

Rights of children of divorced parents to inheritance

Source: //fundsnet.ru/nasledstvo-esli-roditeli-v-razvode/

Where to go: algorithm of actions

For a child from 1 marriage, the grounds for inheritance are:

the law according to which children are heirs of the 1st stage;
a will, if the applicant is included in it;
if there is a will without including a child in it - Art. 1149 of the Civil Code of the Russian Federation, according to which minors, disabled offspring, who have been dependent for at least 12 months, can claim the property of the deceased testator.

If the heir has reached the age of 18, then to enter into inheritance rights he will need:

Visit the notary at the place where the inheritance was opened, submit an application drawn up according to the sample.
Provide a passport.
Submit the death certificate of the parent, documents confirming the fact of relationship (birth certificate or document confirming the fact of establishing paternity in court).
Provide a document confirming the divorce of your parents.
If you have a will, submit it to a notary.
Pay a state duty in the amount of 0.3% of the value of the inherited property (if there are no benefits).

When documents are submitted by representatives of a minor, the notary is obliged to verify the legality of their actions.

Which line of heirs include children from the first marriage?

In accordance with the law, inheritance occurs by will and by law.

If the testator left a will, then only those persons indicated in the will will inherit and exactly in those shares that are distributed among the heirs according to the will.

If the testator did not leave a will, then inheritance occurs according to law. What does it mean by law? This means that all heirs of one line inherit in equal parts. For example, if there are 4 heirs, then each inherits 1/4 of the inherited property, if there are 2 heirs, then 1/2 each, etc.

Mandatory share in inheritance

To ensure that property goes to a certain group of people, the testator can draw up a will. However, this does not mean that all of his children from his first marriage will be disinherited. The rights of the group of the most socially vulnerable citizens are protected by law. These include (Article 1149 of the Civil Code of the Russian Federation) children:

minors;
persons under 23 years of age who are in full-time education and older persons who have received a disability group under 18 years of age;

Their share is allocated as follows:

from the inherited estate they inherit half of the portion that would have been due to them in the absence of a will;
if the untested part is not enough to allocate a mandatory share, it is supplemented by the shares of other participants in the will;
if the obligatory heir did not enjoy the benefits of the parent, and for the other heir the property is the only place of residence or source of income, the size of the obligatory share can be reduced in court or it can be completely abolished. Such decisions are made in court, taking into account the property status of all participants in the process.

Mandatory heirs are not only children, but also disabled spouses, parents, people living with the deceased for at least a year and who are dependent on him.

Disinheritance

If the question may arise of how to disinherit children from your first marriage, think about it in advance, because children are the heirs of the first line.

There are several options for disinheritance:

writing a will (excluding unwanted claimants);
recognition as unworthy heirs;
drawing up a deed of gift for the second wife and children.

In these cases, adult children from previous unions will not have legal claims to movable and immovable property after the death of a parent.

The inheritance of children from a first marriage can be controlled. Simple measures taken during life make the task of dividing property between the first priority applicants easier.

How to disinherit children from your first marriage

Heirs from the first marriage will not receive valuables left by their father if:

the parent left a will, according to which his property is transferred to other people;
found unworthy to accept the parent's inheritance.

If unworthy heirs were included in the last version of the will, they will inherit the property. Otherwise, the principle of freedom of last expression will be violated (Article 1119).

Due to the fact that a “fashion” has emerged for relations between a man and a woman without registering a legal marriage, their own property rights and obligations towards each other, as well as the rights of children, are under attack. It is possible that in the event of a breakup, a woman will be forced to defend the legality of receiving alimony or a share of the inheritance in court.

Adult daughters and sons from a first marriage who do not maintain a relationship with a parent or are aggressive towards him can be deprived of the opportunity to inherit by making a will, but if they are among those who are due a mandatory share, it will not be possible to circumvent the law.

Children from the first and subsequent marriages should not be divided into closer or more distant ones. This is legally confirmed by their rights to their parents’ property. Regardless of whether the parents were married or not, whether the child saw his father or mother, he is among the first to lay claim to the values acquired by his relatives.

You can avoid confrontation between wives and descendants from other marital relationships only by being on friendly terms with everyone, realizing responsibility for everyone. Lawyers of the portal ros-nasledstvo.ru will advise you free of charge on what is the best course of action so that the interests of children from your first marriage are not infringed, they will explain the current provisions of the law, they will study the situation and help you find the right solution.

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How to register an apartment so that children from your first marriage do not claim it?

There are several ways to protect an apartment from the claims of potential heirs.

Conclusion of a marriage contract, according to which all property acquired jointly is considered the property of the second wife. In this case, no property dispute arises; children from the first union cannot claim the apartment. But they can rightfully count on part of the real estate and material assets acquired during the premarital period.

The second option is to draw up a deed of gift for the second spouse. In this case, the second wife becomes the owner; children from the husband’s first marriage have no right to the apartment.

The disadvantage of this option is that the father of the family also loses the right to property. In case of divorce, this can play a cruel joke on the donor.

Can a child be deprived of his parents' inheritance?

According to Article 1117 of the Civil Code of the Russian Federation, an inheritance can not only be received, but also be deprived of it. And for this you do not need to write a refusal to join. Any applicant under the will or blood relative, including a child, may be recognized as an unworthy heir and deprived of the right to join. Children's rights to inheritance will be limited if it is established that they:

Failure to fulfill established obligations towards the testator.
They committed fraudulent actions against the testator, for example, they committed a crime.
Deliberately seized the right of inheritance in violation of the legal order and will of the giver.
They prevented other applicants from inheriting.
They hid part of the inherited property and took possession of it illegally.

Only a court can deprive an inheritance right. To do this, other successors can initiate a lawsuit to deprive the unworthy heir of the right to inheritance by presenting evidence of his illegal actions.

It is worth noting that it is impossible to simply deprive someone of the right to inheritance. Only if there is strong evidence, the court can make such a decision. The successors of deprived heirs cannot receive the property of the deceased by right of representation.

Valuation of inheritance and further actions

To assess the estate, you can contact an independent company that provides similar services. As a rule, documents indicating the value of the inheritance will be ready in 5–7 days.

An assessment of the inheritance is necessary to determine the amount of the state fee for issuing a certificate of inheritance. According to the Tax Code of the Russian Federation, children, as the main successors, must pay 0.3% of the value of the property received upon entry. Payment must be made within the registration period.

There is no need to pay state duty on inheritance to children who lived with their parents in the same territory (confirmed by registration) or were shared owners on an equal basis with them. Incapacitated and minor heirs are also exempt from tax.

After six months have passed from the date of death of the parents, all children and other applicants receive a certificate of the right to inheritance. This document confirms the status of each applicant and his right to a certain share in the property. After receiving this paper, you can contact the registration authorities and re-register the received property in your favor.

Still have questions about how to get an inheritance for children after the death of their parents? You can address this, as well as any other question related to inheritance, to our lawyer. Write your request in the form below, and we will advise you in detail on your issue. Our assistance is free and will allow you to quickly find a solution to any situation within the framework of current legislation.

What property do children inherit?

Since we are talking about a first marriage, we can assume the presence of a second marriage. In this regard, the question arises - what kind of property is subject to inheritance?

After all, if the testator is in a marital relationship, then all the property that was acquired from the moment of marriage belongs to the husband and wife by right of joint ownership - regardless of whose money it was purchased with or in whose name it was registered. One half of this property is owned by the husband, the other half by the wife (Article 256 of the Civil Code of the Russian Federation).

If one of the spouses dies, only his half of the joint property is subject to inheritance. As well as personal property (received as a gift, inherited), which is not joint marital property (see “Spousal share in inheritance”).

Example:

The husband dies, leaving an inheritance to his families - the widow, two sons from his second marriage and a daughter from his first marriage. The inheritance consists of a 3-room apartment. Before dividing the property, the notary allocates the widow's spousal share. She owns 1/2 of the joint apartment. The remaining half of the housing is divided among all heirs, including the widow. Each of the applicants will receive 1/8 share in the apartment. The wife will ultimately get 5/8 due to the obligatory marital share. The father's daughter from his first marriage will inherit a 1/8 share in the apartment.

Therefore, not all the property owned by the husband and wife in the second marriage can be claimed by the heirs.

How is the inheritance divided after the death of the husband (father)?

According to the property distribution queues, the following may inherit first:

Children of a deceased person (including adopted children, illegitimate children, and from first marriages).
His parents (including adoptive ones), if they are still alive.
His wife (if they are officially married).

If there is a civil marriage, the wife of the deceased does not receive anything, since he has no obligations to her before the law. However, you can try to prove in court the existence of jointly acquired property.

To do this, you will need to provide relevant evidence : testimony of relatives, neighbors and other persons, documents for the purchased property and any other certificates and papers that will be the reason for allocating her own share.

Important! Also, in the process of accepting an inheritance, other people may appear who have the right to count on the obligatory share. These may be disabled people, dependents, minor children and disabled people.

If the deceased spouse or father left a will, then the heirs in the first place may not receive their share unless they prove the invalidity of this document.

Instructions for entering into inheritance

After the death of the father or husband, heirs who wish to take possession of their share should follow the following steps in order:

Contact a notary and notify him of the death of a relative. In this case, it is worth submitting the will, if it was discovered, and the death certificate of the citizen.
Write a statement confirming the person’s desire to inherit.
The notary will then conduct a small investigation to determine the rights of additional heirs, and, if any, send them notices by mail.
Everyone wants to write an application to establish their rights to property. At the same time, they present various documents to confirm their identity, these rights and relationship with the deceased: certificates, certificates, passports.
The notary verifies the data in the papers and establishes their authenticity.
After which the shares are distributed in accordance with the law and the will and certificates of receipt of inheritance items are issued.

Read more about the list of documents for entering into an inheritance after the death of your mother here, and in this material read about how to enter into an inheritance after the death of your father.

So, if you know your rights and are able to defend them in court if necessary, the inheritance procedure will not require a significant expenditure of nerves from a person. It will go smoothly, painlessly and quite quickly.

Rights of children as heirs

Inheritance by children from a first marriage, born within or outside of it, is possible in several ways. A child can receive the inheritance of his parent by becoming a successor:

According to the law: after the death of their parents, children are included in the first line of successors.
According to the will: if children are indicated in the document, then the inheritance will be transferred to them.

According to the law, heirs of the same priority must divide the inherited property equally, unless the spouse has a special right. According to the will, the size of the share can be determined by the testator himself. If there is no such condition, then each of the heirs under the will will receive equal shares of the described property.

It is almost impossible to deprive a child of inheritance rights. If children are excluded from the will, they can expect to receive a mandatory share equal to half of their legal share. The obligatory share can be allocated to children who:

Have a disability of the first or second group, confirmed by extracts from a medical institution.
Are minors.
They are disabled due to reaching retirement age.

If a child is not included in the list of heirs under the will, but he has reached the age of majority and does not have an official disability, then he will not be able to receive the inheritance of his parents.

Deadlines for accepting an inheritance

Heirs must contact a notary within six months from the date of death of the testator. If the deadline has been missed, it can only be restored through the court if the following factors are present:

Ignorance of a citizen about his inclusion in the circle of heirs under a will, or about the death of the testator.
The successor's stay on a business trip abroad or for long-term treatment in a medical institution.
Other valid reasons.

Expert commentary

Gorbunova Olga

Lawyer

Also, persons who missed the deadline for entering into an inheritance can receive it peacefully by obtaining the consent of other heirs who have used their legal right to acquire the inherited property.

Let's look at two common examples:

Option 1: restoration of deadlines in court. Yumashov S.V. was supposed to receive half of the apartment after the death of his father according to the will. In addition to him, the circle of heirs included a son from his second marriage. Yumashov S.V. at the time of opening the inheritance case, he was on a business trip in France and could not leave the country until the end of his service contract. Because of this, they missed the deadline for accepting the inheritance. Upon returning home, Yumashov S.V. I tried to negotiate with my brother about a voluntary division of the apartment, but was refused. Then he filed a lawsuit to restore the terms, attaching to it the title documents and a copy of the employment contract, which indicated the terms of service in France, as well as the fact that the citizen could not leave the country until the end of the contract.

The court, taking into account the arguments presented, decided to satisfy the plaintiff’s request and allocate him a share in the real estate according to the will.

Option 2: peaceful restoration. In Afanasyev N.M. in his first marriage a daughter was born, he later married another woman, and two sons were born. He drew up a will, according to which his house is inherited by all three children in equal shares. Daughter of Afanasyev N.M. I didn’t have time to contact a notary due to being treated in a hospital with subsequent rehabilitation at a medical center. After discharge, she made an agreement with her brother and sister. All three visited a notary, who canceled the previously issued certificates and issued new ones, on the basis of which the property was registered as shared ownership.

Division of property between children

What inheritance will the first child get and how is it divided between several heirs? If there is only one heir, he will receive all the property that belonged to his parents before death.

If there are several applicants, the notary must determine the shares of each candidate and indicate them in the certificate of inheritance - a special document that confirms the right to receive property by a certain person.

The basic principle of inheritance division is equality. According to the Civil Code of the Russian Federation, if there are several applicants, the property must be divided equally between them. But there are certain exceptions.

How will the inherited property be divided between children and other claimants? There are several features you need to be aware of:

Based on Article 1150 of the Civil Code of the Russian Federation, the spouse of the deceased has the right to receive half of the entire inheritance if the property of the deceased is recognized as jointly acquired during the marriage. In this case, the wife will take part in the division of the remaining share.
Successors belonging to the category of disabled dependents of the testator (Article 1149 of the Civil Code of the Russian Federation) can receive 50% of the share that could go to them by law.
If there is a will, each successor will receive the share in the inheritance that the testator allocated to him. If there is no such condition, then the property will be divided equally among the heirs under the will.

If there is a will, the rights of the spouse to allocate a larger share and the rights of dependents are preserved.

Once the shares of the applicants have been determined, it is necessary to decide how exactly to divide the received property. Many difficulties and conflicts between relatives raise questions about the division of property that cannot be physically divided. This includes real estate, transport, land plots and shares in LLCs.

It is impossible to make a forced decision, since the law does not provide for the participation of any government bodies in the issue of division of inheritance. The successors must resolve this issue themselves. Most often, two decisions are made: to sell the inheritance and divide the proceeds between the heirs, or to transfer the property to one of the candidates, who will pay other recipients compensation for the value of their shares.

When reaching an agreement on the division of the inheritance, the successors need to draw up a written agreement with a notary. But if there is at least one person who disagrees with the terms of the division, it will be impossible to divide the inheritance.