Land inheritance by law


Is it possible to privatize a house and a land plot at the same time?

For the privatization of a land plot, it is necessary to conduct a cadastral survey, obtain a cadastral map with a cadastral number, and a certificate of ownership. For state registration of a house, it is necessary to obtain a technical passport for the building by submitting documents confirming the fact of the creation of such a real estate object. Since registration of ownership of a building requires a title deed to a land plot, the process should begin with the privatization of the land plot.

I inherited the land. How can I register it as a property?

Inheritance is one of the most common ways to transfer ownership of citizens to land. There are two main types of inheritance.

First of all, it is inheritance by will, i.e. after the death of the testator ("opening of the inheritance"), the property becomes the property of individuals or legal entities specified in the will.

Legally inheritance takes place when and insofar as it has not been changed by the will and in other cases established by the Civil Code of the Russian Federation.

Eight lines of heirs have been established (depending on the degree of relationship with the deceased), who are called to inherit in the order of priority established by law. The heirs of each successive queue inherit, if there are no heirs of the previous queues, or they are removed or have abandoned the inheritance.

Inheritance of land plots is carried out only in relation to those land plots that belong to the testator at the time of death on the right of ownership or he has the right of lifetime inheritance. In order for a land plot to become the property of a person to whom it is transferred by inheritance by law or by will, a number of legally significant actions will be required.

To acquire an inheritance, the heir must accept it. Consent to accept the inheritance can be expressed in two forms:

  1. Submission to a notary at the place of opening of the inheritance of an application for the issuance of a certificate of the right to inheritance.
  2. The actual acceptance of the inheritance, i.e. taking over property management, carrying out expenses for the maintenance of property, paying off the debts of the testator, etc.

The place of opening of the inheritance is the last permanent place of residence of the deceased. Within six months after the death of the testator, heirs must apply to a notary with an application for the entry into inheritance rights. If the heir misses a six-month period, he has the right to apply to the court for the restoration of this period (if there are valid circumstances). Upon the expiration of six months after the opening of the inheritance, the notary shall issue a certificate of the right to inheritance to the heirs of the land plot. This certificate is the basis for state registration of the heir's ownership of the land plot. According to the law, land is real estate, therefore, the transfer of ownership requires state registration. The heir, who received a certificate of inheritance of the land plot, has not yet become its owner.

For state registration of ownership of a land plot on the basis of a certificate of inheritance, the following documents are required:

  • certificate of the right to inheritance;
  • application for state registration;
  • cadastral plan of the land plot;
  • receipt of payment of state duty;
  • documents of title to a land plot in the name of the deceased.

How much does it cost to register a land plot or a house today? Interested entirely in the price question.

The state duty for the registration of the property rights of individuals, both for a land plot and for a building, is 100 rubles.The maximum prices for work on the implementation of territorial land management in relation to land plots intended for personal farming, individual construction may be established by the constituent entities of the Russian Federation for the period until January 1, 2010. The actual cost depends on the area and location of the site, the prices of the land management organization and many other factors. Therefore, there can be no definite answer to your question.

Viktor Shchelokov, Chairman of the Board of Directors of the Center for Legal Support of Land Users
St. Petersburg, st. Gorokhovaya, 53 +7 (812) 605-08-40


What documents will a notary need

When the testator owned the land plot on the right of ownership, the first thing to do is contact a notary to establish an inheritance case and accept the inheritance.

In addition to the list of documents established by law (passport, confirmation of relationship, death certificate), within six months, the notary must submit:

  • the documents of the deceased about the ownership of land: the contract of sale, lease, donation, etc. You can take an extract from the Unified State Register (the fastest way to do this here), that is, information about the ownership of the land plot and the real estate on it by the testator
  • certificate of registration of ownership, if any. Earlier, before 1995, many lands were obtained through privatization as a result of the collapse of Soviet-era collective and state farms. For registration of such plots by inheritance, a certificate of ownership was not provided, therefore, it is enough to submit an extract from the decree of the body, the head of which gave the order on privatization
  • certificate of appraisal of the land plot made on the day of the death of a relative. The assessment can be market (drawn up in any expert bureau that has the appropriate license) or cadastral (confirmed by an extract from the Rosreestr department)
  • cadastral passport for the land plot, where its plan for the day of opening the inheritance will be indicated (if there are several heirs, then in addition to the copy for the notary, you need to take copies according to their number)
  • confirmation of compliance with the territorial principle of opening an inheritance, that is, information about the residence of the deceased (or the location of the majority of the inherited property) in the locality where the notary is located
  • certificate of absence of debts in taxes and fees (it can be obtained from the tax office at the place of residence of the deceased)
  • receipt of payment of payment of state duty for the issuance of a certificate of inheritance (read more here)

If we are talking about a summer cottage, the notary may ask to additionally provide information from the Unified State Register of Legal Entities (about a horticultural, summer cottage society). After the notary examines your documents, you will receive a certificate of acceptance of the inheritance, which must be submitted to the registration authorities.


What to do next after inheriting?

The inheritance procedure includes, in accordance with the law, the implementation of formal actions provided for by law. After their fulfillment, the citizen becomes the legal owner of the deceased's property. First of all, you need to apply to a notary with a statement and documents confirming the right to own this property or its share within six months from the date of death of the owner of the property. The notary after the expiration of six months issues a document "Certificate of ownership", which officially confirms the citizen's right to own the property of the deceased. But this document does not provide the right to fully dispose of property. Let's consider what to do after inheritance in order to finally become the owner of a house, apartment, land or other real estate, as well as inherited monetary contributions.


House territory of a private house

Although, as such, there is no law on the adjoining territory of a private house, you can find out how much land around the house you own.But not from the Land Code, but from the documents certifying the right of ownership.

The fact is that the area and land limits around a private house are indicated in the cadastral passport: after privatization, not only the fact of ownership of the building is recorded in it, but also the size (as well as the geometry with reference) of the house plot owned by the homeowner.

Here, however, it is not without ambiguity: the border around the cottage from the point of view of local authorities is usually much longer than one might think by looking at the cadastral passport. Many are obliged to ensure cleanliness and order outside the fence: this is not the adjoining territory of a private house, but, by decision of the municipality or the administration of the settlement, it can become such. The municipality usually refers to certain norms, according to which a private house is supposed to have a plot of a certain size.

You can find out more about what an adjoining territory is and what its size is, on Pravoved.ru: by phone and.


State duty for registration of the right of inheritance to a house

How is a land plot registered in inheritance? The amount of the state fee depends on the following factors:

  • degree of relationship with a deceased relative
  • home value.

It is for the purpose of determining the size of the state duty that an estimate of the cost of the building is needed. Without paying the state fee, you cannot move on and receive a certificate of inheritance.

In order to relieve the population from the burdens of financial problems in registering the goods that have been inherited after the eternal deceased relatives, the government adopted Law No. 78-FZ dated 01.07.2005, which relaxed, but did not completely eliminate the need to fork out before getting the property.

The actual amount of the duty is determined by the Tax Code of the Russian Federation, paragraph 22 of Art. 333.24. Immediate relatives - parents, spouses, children, blood brothers, sisters will have to pay an amount equal to 0.3% of the appraised value of the property they receive, but no more than 100 thousand rubles.

In this case, the upper limit is also outlined, and it is 1 million rubles.

It is worth knowing that the amount of the state duty does not depend at all on how the inheritance is received - by law or by will. Furthermore, in accordance with Art. Art. 333.35, 333.38 of the Tax Code of the Russian Federation, there are serious lists of categories of the population that are either completely exempt from the tax burden by duty, or are entitled to benefits of different sizes.

Making an inheritance for a house and a land plot is a long and difficult process, so you should first figure out under what conditions the deceased used the land. It is also important how experienced and qualified the chosen notary is, because a lot depends on his competence.

Dear readers, the information in the article could be out of date, use the free consultation by calling: Moscow +7 (499) 938-66-24 , St. Petersburg +7 (812) 425-62-38 , Regions 8800-350-97-52


Registration of inheritance for a land plot

Inheritance realizes the intention of citizens to become legal successors of property under a testamentary document or in accordance with the law.

Inheritance is regulated by the Civil Code and other legal acts of the Russian Federation.

Any real estate object, including a land plot, can be inherited.

In this article, we will consider in which cases this type of property is included in the inheritance, possible options for registering the ownership of land plots received by inheritance, and also provide a list of documents for these purposes.

Documents required for registration of inheritance for a land plot

To inherit a land plot, it is necessary, within six months from the date of death of the testator, to apply to a notary, who will open an inheritance case on its basis.

The following documents must be attached to the application:

Will or documents that confirm family ties: birth certificate, adoption certificate, marriage certificate (dissolution).

Any document confirming the place of residence of the testator.

The list of documents specified in clauses 1 - 4 is the same for all cases of inheritance.

To obtain a certificate of inheritance for a land plot, you will need one of the following title documents:

certificate of ownership, right of inherited life possession

a document containing a decision on the provision of a land plot under a certain right to a specific person

an extract from the household book and other documents that were the basis for the inheritor's right to a land plot or its share.

In addition to the above, you will need an extract from the USRN (if the right to land was registered in the real estate register) and information about the assessment of the land plot on the day of opening the inheritance.

The heir has the right to choose the type of valuation: market, cadastral or any other.

As a rule, if a record of a land plot is entered in the Unified State Register of Real Estate, the heirs receive a certificate of cadastral value (the form of the certificate can be found in the attachment to this article).

Conditions for obtaining a land plot by inheritance

In accordance with the Civil Code, a land plot is included in the inheritance if it belonged to the testator on the basis of property rights or inherited tenure for life.

If the inheritor was the tenant of the land plot, the rights and obligations stipulated by the lease agreement (until the end of its validity period) may pass to his heirs.

In this case, the lease must be registered with the registration authority (Rosreestre).

Registration of a land plot received by inheritance

Having entered into inheritance rights, that is, having received a certificate from a notary, the heir does not yet become the owner.

To register ownership of a land plot, it is surveyed (cadastral work).

For this service, you need to contact an organization licensed to perform engineering and geodetic works or a cadastral engineer.

We have described how to choose a cadastral engineer here.

After the preparation of the boundary plan, the citizen must ensure the cadastral registration of the land plot.

The law provides for the simultaneous conduct of state cadastral registration and state registration of inheritance rights for a land plot.

The ownership of a land plot can also be obtained in a simplified manner by contacting Rosreestr on this issue (read more about this here).

At the same time, documents are submitted that were considered by a notary as a basis for obtaining a certificate of inheritance for a land plot (an extract from the USRN and documents of title to the land).

In this case, land surveying can be omitted, currently it is allowed by law.

However, the situation with land plots is very common when the actual area does not correspond to that indicated in the title document.

Documents for previously recorded land plots were issued for a very long time, and inaccuracies are possible within the boundaries.

Each citizen chooses at his own discretion the method of registration of property rights.

But it should be noted that land surveying (cadastral work) of a land plot is carried out in order to establish a boundary on the ground and will help to avoid conflicts that may arise with the owners of adjacent (neighboring) plots.

Therefore, it is important to determine the boundary and timely draw up the relevant documents.

In addition, the ownership of land with refined boundaries makes it possible for the owner to divide, unite, and redistribute the plot.

The option of registering an inheritance for a land plot with conducting cadastral works requires more time, as well as material costs, and many heirs, having inherited land, neglect registration.

Do not follow their example.Contacting an experienced specialist in this area of ​​law will help you avoid difficulties in resolving the issue of land inheritance.


Inheritance by law

The couple died in a car accident. Each of them had their own children. Who will be the heir in case of the simultaneous death of the testators?
Citizens who died on the same day are considered dead at the same time for the purposes of hereditary succession and do not inherit after each other. Inheritance is opened after each of them, and the heirs of each of them are called to inherit.

Who will inherit the property if the testator and the only heir specified in the will died at the same time?
In this case, inheritance by will does not occur, but, if there are appropriate heirs, inheritance by law.

After the death of my father, I turned out to be the only heiress and within 6 months I wrote an application for acceptance of the inheritance, on the basis of which the notary opened an inheritance case. I have to go abroad for work for two years. Will the inheritance case be closed without me if I do not have time to receive a certificate of inheritance right before my departure?
Obtaining a certificate of inheritance is a right, not an obligation of the heir. Heir,

What are the legal consequences of a court decision declaring a citizen dead?
When a citizen is declared dead, the day of opening the inheritance is the day of the entry into force of the court decision on declaring the citizen dead.

Is the law on the circle of heirs by law retroactive?
The circle of heirs called for inheritance, as a general rule, is determined in accordance with the legislation that was in force at the time of opening the inheritance. Certain exceptions to this general rule may be provided by law.

How to determine the place of opening the inheritance, if the last place of residence of the testator does not coincide with the place of his actual stay at the time of death?
The place of opening of the inheritance is precisely the permanent place of residence (not temporary) of the testator, even if the testator lived for a considerable time outside the place of permanent residence.

How to understand the right to common property in inheritance?
In the case of inheritance by law, if the inherited property is transferred to two or more heirs during inheritance by will, if it is bequeathed to two or more heirs without specifying the specific property inherited by each of them. In these cases, the inherited property is transferred to the common shared ownership of the heirs.

The mother of a young citizen died. Six months after the death of the child's mother, his father entered into a registered marriage with a citizen who, in relation to the young child, became a stepmother. After 10 months, the father and stepmother died. Who will take over the inheritance after both women?
After the death of the mother, the young child inherits as the heir of the first order. And after the death of the stepmother (provided that she has no other children), the same young stepson inherits as the heir of the seventh order.

What is the Right of Representation?
The right of representation can be defined as the right of persons named in the law to take the place of their parent, who died before the opening of the inheritance or simultaneously with the testator, in inheritance under the law on an equal basis with the heirs of the line that is called to inherit.

This year my cousin died. The notary refuses to issue a certificate of the right to inheritance under the law, since I do not have all the documents confirming the relationship.
According to the legislation of the Russian Federation, the cousin, which you are, is the heir of the sixth stage. If it is not possible to submit documents confirming the relationship, then you must apply to the court to establish the fact of relationship.

My husband's brother died a month ago.Yesterday he turned to the notary to start formalizing the inheritance and presented all the necessary documents, but the notary said that he would not receive the inheritance, since his parents were alive. But parents want everything to remain for their son (my husband). How to be?
The notary is right. Registration of inheritance is aimed at the subsequent receipt of a certificate of the right to inheritance, and although your husband is an heir, according to the law, he belongs to the second priority, and your parents - to the first.

Dad died in February 2010. He has the heirs of the 1st stage: mother (85 years old), wife, son and I-daughter. The notary's wife, son wrote an application for the acceptance of the inheritance, I (daughter) - a refusal in their favor. The mother did not write a statement or a refusal. Six months have passed since the death of the Pope. Dad's mother died, and she never wrote a statement or a refusal from a notary. The notary does not issue certificates of inheritance rights to his wife and son, arguing that the father's mother still has 2 sons. How to be?
If the mother lived at the same address as your father, she may be considered to have actually taken over the inheritance.

Husband died. Now I'm trying to figure out what documents are needed. I wanted to know - my husband has a sister, can she somehow count on an inheritance?
Your husband's sister will be able to claim the inheritance only if the heirs of the first order (the spouse, children and parents of the testator) do not accept the inheritance or refuse it.

My husband and I have been divorced since 2001. Since 2003, he has been declared missing. Now I am applying to the court for recognition of him as dead. Am I the heir of the first stage of his share of the apartment, if the apartment in which we live with the children to this day was acquired during the period of living together in 1995?
In accordance with the Legislation, the heirs of the first order are the children, parents and spouses of the testator. In your case, children are the heirs. But in accordance with the RF IC, you can allocate a marital share in joint property acquired during the marriage.

The couple acquired the property in marriage. The property is registered in the name of the wife, is it necessary to formalize the inheritance after the death of the husband?
There is no need to open an inheritance case if the testator does not have any property, including monetary contributions.

Please tell me: what documents are needed to introduce the right to inherit a deceased mother (she died 8 years ago, her only son) on her 1/2 of the house. What should be collected and how to act?
You need to open an inheritance case at a notary office that serves the address where your mother lived.

my brother and I entered the inheritance after the death of my mother for an apartment, sold it. three years later I inherited the land plot. a few days before I received a certificate of the right to inheritance, my brother died. he did not know about the inheritance, he did not receive a certificate He left an official wife with whom he did not live for five years and did not live in a joint household with his common-law wife. There and was registered, there is a minor child of her, who was in his dependency. maternal inheritance. me and relatives against the official wife. they are ready to testify about her bad relationship with her mother and brother.
The heirs of the first order by law are the children, parents and the elastic (in registered marriage) of the testator.

Hello! The grandmother has a privatized apartment, if she does not leave a will, the property will be transferred to her daughter (she has only one)? The daughter has three sons, is it possible to dispute if she transfers the apartment to only one of the sons?
In accordance with the legislation of the Russian Federation, the heirs of the first stage are the children, parents and spouses of the testator (deceased).

LARISA writes 2010-10-01 09:52:39: Brother is registered with my mother Lived with his family separately in his own house After his death, his wife draws up an inheritance Is the mother's house subject to inheritance?
Check if your brother accepted the inheritance after his mother?

The ex-husband lived with a woman. She has a child not from her husband. She wrote down the child in the name of the ex-husband and gave him his patronymic. Former husband died, leaving an inheritance. What claim should be filed with the court in order to exclude this child from the number of heirs.
Legally heirs are the children (officially adopted or relatives), the spouse (in an official marriage) and the parents of the testator. If there is one of the listed heirs, then the other heirs do not have the right to claim the inheritance.

Hello. My father died recently, he did not leave a will. The question is, is it necessary to wait 6 months for the car to be reissued to me? Inspection and insurance ends this month and it turns out that the car will stand and I will not be able to drive it. Thank you in advance. P.s. friends said that 6 months have to wait according to the law, not only at the expense of the car, but at the expense of everything else too. I myself do not know if this is so.
An inheritance case is opened within six months from the date of death of the testator, and after six months a certificate of the right to inheritance is issued.

Hello. My father died recently, he did not leave a will. The question is, is it necessary to wait 6 months for the car to be reissued to me? Inspection and insurance ends this month and it turns out that the car will stand and I will not be able to drive it. Thank you in advance. P.s. friends said that 6 months have to wait according to the law, not only at the expense of the car, but at the expense of everything else too. I myself do not know if this is so. Thanks for the answer! Can I legally drive a car for these 6 months until I re-register it? Will I be able to pass the MOT and take out insurance without the owner? Thanks in advance.
An inheritance case is opened within six months from the date of death of the testator, and after six months a certificate of the right to inheritance is issued for all property, regardless of whether it is movable or immovable.

Husband, the wife and mother of the deceased brother made an agreement on the division of the property left after the death of the brother (dacha - to the wife, apartment with encumbrances - to the mother). The wife inherits, draws up documents for herself, and then dies. How is property inherited after the death of the inheritor divided by law? She had no children of her own; she has a sister and many nephews. Does the brother's mother (who signed the property agreement after her son) have this property returned?
The heirs of the first stage are the children, parents and spouse of the deceased. The heirs of the second order are the brothers, sisters, aunts and uncles of the testator, and the nephews inherit by right of representation. All property that belonged to the testator during his lifetime will be inherited property.

to open an inheritance case, can I contact any notary or do I need to contact the notary at the last place of residence of the deceased? Thank you!
If the testator was registered in Moscow, then you can apply for the opening of an inheritance case to any notary in Moscow - a single base. If in another region, then to a specific notary.

Can I instruct another person (who is not a relative of the deceased) to open an inheritance case? Thank you!
The inheritance can be accepted by power of attorney (to any third party), but notarized necessarily.

Good evening! Here is my situation number 1: I lived with my mother in her apartment (she is the owner and registered, I am registered, there are no other children). Now she is dead. I continue to live there. It is clear that I am the heir, but - the question: Until I submitted an application to a notary (in tech.6 months) and has not formalized the inheritance who or what is the owner of the apartment? It turns out that it hangs in the air and there is no owner? And what do I have the right to do in the apartment now (rent it out, or sell it)? Can I register someone there? Or register temporarily? Situation number 2: I am the only official owner of the apartment (there is a certificate of ownership), but I am not registered in this apartment and do not live. But my father is registered in it and lives. But he is not the owner, because gave it to me during my lifetime. Question: can I register a person (not a relative) there without his knowledge and consent (without his presence)? Thank you so much! I will wait for an answer!
Until you have documented inheritance rights, you cannot dispose of the apartment. Get an inheritance certificate and become a full-fledged apartment owner. While your mother is listed as the owner.

My ex-husband died. He still had an apartment I bought in his name, as well as a garage, a car that we bought together, but they were registered in his name, and by that time we were officially divorced. We have a common son, 32 years old (he has two children - 5 and 1 years old). He is the rightful heir. But my husband's mother is alive, who is now unconscious. The husband did not work, he lived in my mother's apartment with her, sister and nephew. His apartment (he is the only one registered in it) was empty. The mother cannot inherit on her own. How can her daughter do this for her? Can her daughter-sister of her husband, nephew enter into an inheritance with our son on his own behalf during the life of the mother of the deceased, or after her death, then at what time? Is there anything for the children of the son - the grandchildren of the deceased? Thank you!
The heirs of the first order are the parents, children (from all marriages, legally recognized) and the spouse of the deceased. The testator's grandchildren inherit only by right of representation. If there is at least one of the heirs of the first stage, then the subsequent stages do not inherit. You can accept the inheritance both personally and by proxy, notarized.

Hello! My husband died 4 years ago. The last year he lived with his mother because he was seriously ill. He was cared for jointly. The apartment is privatized. They lived in a civil marriage. I have a joint child, but I am registered as a single mother. Does the child have the right to inheritance if there is a DNA result? The mother-in-law does not perceive the child, although she communicated 2 years ago. There are supporting facts: photos, videos. And is it worth filing a lawsuit? Thank you in advance!
With the DNA results, it is possible to prove paternity - everything will depend on the court's decision and evidence. The DNA result is basic, but the only evidentiary argument.

My son wrote a statement to the notary about the inheritance of his deceased father on his own behalf. The notary said that a letter came by mail from the mother of the deceased, stating that she, too, was entering into an inheritance. Mother (81 years old) is in the hospital, she herself cannot express her will, since she no longer understands anything. Who was supposed to certify this letter? He was not shown to his son. The notary demanded that the son include the mother among the heirs, otherwise it would be a cover-up. Whether the actions of the notary are legal. And what will happen if within 6 months the mother will not be able to enter or refuse the inheritance. Can the son, after this time, alone claim the inheritance?
In acc. with the Civil Code of the Russian Federation, the power of attorney can be certified by the head physician of the institution in which the heir (grandmother) is located.

Good day! Please tell me, my cousin died in St. Petersburg, there was an apartment left, what documents are needed to confirm the relationship in the GSR of St. Petersburg, Krasnykh tekstilshchikov street. Do I need a grandfather's birth certificate?
You need to present your birth certificate, the birth certificate of your deceased brother and the birth certificate of your and brother's parents.As well as marriage certificates of your parents, if you have changed your surname since birth (for example: your mother got married).

My wife and I bought part of the house from her mother. Can her mother now, after the death of her wife, claim part of her share as an inheritance?
The heirs of the first order are the children, parents and spouse of the deceased; therefore, the heirs after the spouse will be you, her mother and your children.

Three people were registered in the apartment: Dad, Mom and their son. The apartment is privatized. Responsible tenant Dad. Mom and Dad have another child - a daughter. She has a separate apartment, which she got after dad, mom and older brother got a new apartment and moved into it. The daughter became the sole owner of the old apartment and she is registered there. Daddy died recently. Mom and son remained in the new apartment. They are registered and live there. Does the daughter, who is the brother's sister, have the right to any part of the share in this apartment? What to do next? Re-register daddy's share now between maa and son? Thank you
The heirs of the first stage are the spouse, parents and all (if there are from different marriages) children of the deceased. By law, everyone has an equal share in the inheritance, no matter how much property the heirs have. However, the inheritance can be accepted, or you can refuse it, both in favor of other heirs, and in favor of one of them.

In 2000, my husband and I officially registered a marriage, and in the same year a son was born. In 2004, they officially divorced. For the period from 2004-2010, alimony was not paid and at the present time there is a debt. The former spouse died on 09.11.2010. Can a minor child inherit part of the property? What does that require?
The heirs under the law of the first stage are the children, parents and spouses (in a registered marriage at the time of death) of the deceased in equal shares. The age of the child does not affect the inheritance. You, as his legal representative, will act in the interests of the minor.

Good evening. My father died in February 2006, they had 1 kom.kv., 1/2 each with my mother. I have a sister, she lives in the baltics. Mom alone inherited 1/2 of the father's share, I did not apply as she later promised to leave the whole apartment to my n / l child. now her plans have changed. I can dispute this inheritance in favor of myself and my child, get at least something for myself and for the child. Grandchildren can also claim inheritance, right? Thank you in advance for your advice. Respectfully yours, Yulia A. Kovaleva.
If you refused to accept the inheritance within the framework of the inheritance case, then, in principle, the refusal has no retroactive effect, but you can apply to the court with an application for the restoration of your heir's rights, as a delusional one regarding the refusal. As for the grandson, he can only inherit by right of representation in acc. with clause 2 of article 1142 of the Civil Code of the Russian Federation. The heirs of the first stage are the children, parents and spouse of the deceased.

After the parents divorced, my mother and I (5 children) lived with my father for several years in a private house in Kyrgyzstan. In 1997, all the children with their mother moved to Bashkiria without a father. The father heard that he lived with a common-law wife (m / b were registered) and a son from her in this house. Now my father is dead. The nephews are now asking us to come and settle the issue with the house. They say that he belongs to us. But nothing is said about inheritance documents. They want to lure us out, like to want to see us. What rights do we have on our home? it is very expensive to travel and we have not been in this house for 13 years. the mother died a year after the move. What documents are required.
All of you are heirs under the law of the first order in equal shares. Everyone does not need to go. The inheritance can be accepted by proxy. You can give a power of attorney to one person to accept the inheritance and conduct an inheritance case

Good day! In 1998, fearing a premature death and having a minor son at that time, I drew up a will with an indication of the executors of the will. Now with I.Z. the relationship no longer exists. The question is: is it necessary to remake the will or is it possible to do without it at all with a single heir? Thank you.
Well, no one can compel the executor of the will to fulfill the debt to the testator and heir without his consent. If the son at the time of opening the inheritance is an adult, then there will be no need for an executor of the will. To calm your soul, you can revoke or change your will. At the time of opening the inheritance, the last will will be in force. Or the son can accept the inheritance by law as the sole heir.

Hello! I have such a situation. My grandmother died after her there was a garden, no will. The father had died a few years earlier. I and my brother are heirs. But my grandmother had another son, he died 20 years ago, he has a 3-month-old daughter who was immediately adopted and did not know about his own father. Natarius says that she is also a direct heiress and that we must find her. But we have never communicated with her, we only know her name, not her surname, nor where she lives, we do not know. There are no common acquaintances. What can we do, tell me!
The notary is right that the daughter is also the heiress on an equal basis with all children. However, in court, you can only recognize the ownership of the existing heirs, since there is no way to find one of the heirs.

Good afternoon. Tell me please. My husband had a dad who divorced his mother and married another (she could not have children and they adopted a girl from an orphanage) Dad died 3 years ago, my husband received an inheritance of 5 sq. M. the share of the apartment (he did not sell the share, until now the owner) his wife died soon, the girl (she is now 22 years old) inherited. The girl is very seriously ill, the doctors said that she did not have long left. My husband can claim the inheritance after the girl, if she does not write a will or her share goes to the state? Thanks in advance!
When inheriting by law, the adopted child and his offspring, on the one hand, and the adoptive parent and his relatives, on the other, are equated to relatives by descent (blood relatives). If there are no heirs of the first order, the heirs of the second order by law are the full and half brothers and sisters of the testator. Accordingly, your husband is the heir by law after the adopted girl - sister.

1) Will my mother, as the only daughter, be able to inherit the entire plot with a house after the death of her parents. If, in addition to my parents, my wife and I and a minor child are registered there. From the documents there is a house book and a sales contract. 2) Will my mother, as the only daughter, be able to inherit the entire plot with a house after the death of her parents. If, in addition to my parents, my wife and I and a minor child are registered there. Of the documents, there is only a house book.
In acc. with article 1142 of the Civil Code of the Russian Federation, the mother is the only heir after her parents, and no matter how many people are registered. The document of title will be the purchase and sale agreement.

My parents have been divorced for 13 years, and in their joint marriage they bought a house that is registered to my dad. I, my sister, mom and dad are registered in this house. Father died. He has a mother. He did not live in this house. There is a car. Will my sister and I stay home, or can his mother, that is, our grandmother, take it? Who will get the car and the house?
If your father did not leave a will, then you (the children) and his mother will be the heirs by law in equal shares of the first order.

Does the father have the right to inherit after the death of his son, provided that the son has two children and the wife, if he has his share, what?
The heirs of the first stage of Art. 1142 of the Civil Code of the Russian Federation are children, parents and spouse of the deceased in equal shares.

brother died, there is an inheritance, half a year has passed, the older sister wants to take all the money, what to do?
In acc. with article 1143 of the Civil Code of the Russian Federation, the heirs of the second stage (if there is no first article 1142 of the Civil Code of the Russian Federation) are the brothers and sisters of the testator in equal shares.

My grandfather is the heir (by law) of the house and land. When he died (2002), his wife remained in the house, but the house has not yet been registered for her (and my grandmother is generally registered in another city-apartment in the property). Grandfather has a sister and now she wants to register the house for herself. In this case, what rights does grandmother have, and does she have at all?
The grandmother is the heir to the first priority in accordance with Art. 1142 of the Civil Code of the Russian Federation, regardless of the place of its registration. If she refuses the inheritance acc. from Art. 1157.1158 of the Civil Code of the Russian Federation, then the next line of inheritance will be acc. from st. 1143 of the Civil Code of the Russian Federation, grandfather's sister.

Hello. Spouse P. and wife Z. died on 8.09.10. one day. They have a house and a land plot in shares. They do not have common children. From the side of the spouse there are no foreseeable relatives (no one knows about them, if any). From the side of the spouse there is a brother. The notary prepares documents for the inheritance to the brother for the shares of P.'s spouse within the framework of Art. 1114 CC. What are our steps for the entry of an inheritance or the recognition of ownership of a spouse's share. Thank you.
Successors who die on the same day do not inherit after each other. In your case, the inheritance after the deceased Z. must be recognized only in court.

My father died in 2003. My mom is divorced. Shortly before his death, he was deprived of parental rights. My mother and I learned about his death after a year. Remained three-room apartment. Which was inherited by his own sister. We are on very bad terms with a relative. They deliberately hid the date of death in order to take possession of the property. Is it possible to do something now? or is it too late? Is there a similar court practice?
With the deprivation of parental rights, the child's right to inherit after the father does not disappear. In your case, it is only in court that you can restore the terms for accepting the inheritance and determine the share of the inherited property.

Hello! I have a question! My husband died at work! He is survived by 2 parents and me, my wife. The insurance company will pay out the insurance in six months, that is, as when inheriting. How insurance payments will be distributed between my heirs and parents. We have no joint property.
So the parents and the spouse are the heirs of the first stage, according to the law, have the right to equal shares in the inherited property. In your case, each is 1/3.

Hello! After the death of my spouse, shares and a car remained, I and two children from my first marriage are the heirs. In what shares will the inheritance be divided? Thanks in advance.
The heirs of the first stage are children (from all marriages), parents and spouse of the deceased and inherit everything in equal shares.

my mother died on April 25, 2010, the house was left from my mother for more than half a year, I have not yet submitted any documents for inheritance, what should I do. can I now do this procedure in the same mode, or now I need something else.
If you actually accepted the inheritance, then there is no need to go to court. You need to open an inheritance case in a notary office and obtain a certificate of inheritance rights.

In the summer of 2010. the mother-in-law's sister died, who has no heirs of the first order. There are two sisters alive (one of them is a mother-in-law) and two brothers, one of whom said that the deceased bequeathed the apartment to him, but no one saw the will or the contract of donation or life annuity. Can sisters and a second brother qualify for the inheritance? Where can they get their sister's death certificate and an extract from the house book for the deceased?
A death certificate can be obtained at the registry office by presenting documents confirming family relations, and an extract from the house register must be obtained from the EIRTs (ZhEK) at the place of registration of the testator.

the father is divorced from the mother of his child and pays alimony in favor of the child. Question: what is the right of the child to the property bequeathed to the father by inheritance from his grandmother.
Divorce of parents does not affect the acceptance of inheritance by children. In this case, the child will have the right to inherit only the property of his father.If, at the time of opening the inheritance, the father formalizes in his own name the property left after his parents, then this property will already be considered his property and will be part of the father's hereditary mass.

Hello! My mother died. She left behind a 3-room privatized apartment. My mother and I took part in the privatization. My share is 1/3, my mother was 2/3. There is an eldest daughter, my own sister. Does she have the right to claim her mother's share in the apartment?
The heirs of the first stage are the children, parents and spouse of the deceased, acc. from 1142 of the Civil Code of the Russian Federation in equal shares

Does the second wife have the right to inherit the property of the deceased husband? if the apartment belonged to the deceased husband before the second marriage (the apartment was received during the first marriage - the first spouse ended, after death there were 2 sons who did not submit an application for recognition of the inheritance), during their cohabitation with the second wife there was no improvement in living conditions and major repairs were not carried out. Thank you for your reply.
The heirs of the first order are the parents, children and the spouse of the testator (in a registered marriage). All property belonging to the testator will be part of the estate and will be divided among the heirs in equal shares.

In 2005, my mother died, none of us entered the inheritance rights of us three children. She wrote the apartment to one of us to death. it turned out now about compensation for a deposit in the Savings Bank. how should we be?
If the deposit is bequeathed before March 01, 2002, then the funds with compensation can be received directly at the bank. If the testamentary disposition has not been drawn up, then it is necessary to open an inheritance case in a notary office.

Hello! In March 2010, an inheritance was opened for the apartment of my mother, who died in 2002. Until March 2010, her mother's ex-husband lived in this apartment, with whom she divorced in 1996. In the same year, she moved to live in another city, where she later remarried. She died in 2002. After the death of my ex-spouse (March 2010), documents were found in the apartment, according to which my mother is the owner of this apartment, which neither I nor my brothers knew about. There are four of us, the heirs of the first stage, i.e. three children and the last husband of the mother, who lives in another city. My question is: can he really claim this apartment if it was acquired by his mother long before their marriage? And also I am interested in the question: can only one of us really become the owner of the apartment, and the other heirs must formalize the waiver of the inheritance in favor of one heir? Thank you in advance.
The heirs by law will be the children and the spouse of the testator in a registered marriage. If the apartment was purchased before marriage, the spouse will not be able to allocate the marital share, that's all, and he will not cease to be an heir. All property of the testator belongs to all heirs in equal shares. And all the heirs (shared ownership) can be the owners.

My husband and I own, without defining shares, a joint common apartment. Her husband died. I am the heir to the laws of the first order. He has no children. Do I need to wait 6 months for the inheritance, or is it possible to register the entire apartment in another way?
The term for accepting the inheritance is 6 months established by law, during this period it is necessary to open an inheritance case. If during this period no other heirs appear, the notary will issue you a certificate of the right to inheritance.

Hello. I have a question for you: My father died, we lived together in a 3-room apartment. He died recently. He has another son on the side; he was not married to the mother of a son. How do we share the apartment? I submitted my application for inheritance, he gave my own to Natarius. In principle, I agree to have an equal share with him for an apartment. The question is what will be the proof of ownership of a part of the property?
The heirs of the first order by law are children from all marriages or legally recognized, parents and spouse of the deceased in equal shares. An inheritance case is opened only with one notary once, and all inherited property is considered within the framework of one inheritance case. After 6 months, the heirs who have declared their rights to inheritance will be issued certificates of the right to inheritance, on the basis of which the ownership of the property of the testator is registered.

My father died. He owned a share of an apartment and a car. The mother and minor sister live in the apartment. Tell me in what percentage the inheritance will be distributed?
The heirs of the first stage are the children, parents and spouse of the testator in equal shares. Registration at the place of residence does not affect the acceptance of the inheritance (only in the case of actual acceptance, when the deadline is missed).

I lived at my uncle's house .. I have no parents .. my uncle died, what can I claim if my uncle has a second wife and he divorced his first wife ??
In accordance with Article 1142 of the Civil Code of the Russian Federation, the heirs of the first stage are the children, parents and the spouse (registered marriage) of the testator. The subsequent queue only inherits if there is no previous one.

My husband and I are divorced, the son was happy in marriage. The ex-husband's mother died, the apartment remained, he became the heir of the 1st stage. Does our common son have the rights to this apartment? Also, his mother is a tenant in another apartment, where only my ex-husband and our common son are registered. Is this apartment an estate and for whom?
the heirs of the first priority by law are the children, parents and spouse of the deceased in a registered marriage. Grandchildren inherit only by right of representation (instead of their parents who died earlier grandmothers). As for another apartment - if this apartment or its share is the property of the testator, then it is included in the inherited property.

My brother died, he has 3 com. flat. We inherited this apartment from my mother. He is survived by a wife and two children from his first marriage. Am I entitled to this apartment. I gave my share in this apartment to my brother during his lifetime.
If there are heirs of the first order (children and a spouse in a registered marriage), then subsequent orders cannot inherit.

My brother died. He has 3 rooms left. apartment, direct heirs, wife and children. We inherited this apartment from my mother. Do I have any right to this apartment?
The heirs according to the law of the first stage are the children, spouse and parents of the deceased. The second stage can inherit only if the heirs of the first stage do not accept the inheritance.

please tell me . my mother died .. where to start. to inherit an apartment and what documents are needed for this.
You need to submit an application to a notary for the acceptance of the inheritance and open an inheritance case. It is necessary to present the originals of the death certificate, your birth certificate, a certificate from the last place of residence of the testator.

Good day. Please tell me how long it will take for me to dispose of the car after the death of the owner if I am the direct and only heir
Within 6 months from the date of death of the testator, it is necessary to open an inheritance case and obtain a certificate of the right to inherit the property of the testator. On the basis of a certificate of inheritance, you can draw up documents for a car in your name and dispose of it.

My father bequeathed the house to me. After his death, I got 5/6 of the share, and 1/6 went to my mother as an obligatory share in the inheritance. My mother died 3 years ago, I did not register her share for myself. Do I have the right to the whole house. I myself am a disabled person of the 2nd group and a pensioner.
You are the legal heir to your mother's property, including 1/6 of the inherited share of the house.Make up the inheritance in your favor.

at the age of 4 I was adopted by a person, at the age of 8 my mother took me to another city. I was registered there later, my mother discharged me. grandfather died, this person who adopted died, my grandmother remained, she is in a serious condition. . am I heir?
According to the law, the heirs of the first order are spouses, parents and children, including adopted children, of a deceased person.

Hello. My mother died in 1994, my father died in 2006, the privatized apartment remained. In the apartment I only have a registered sister. At the moment I am abroad. Now my sister and her family live there. My sister wants to register 1/2 of the apartment for herself. What are her rights? Can I register this apartment? Can my daughter arrange this by my power of attorney without me? Is there a law under which if no one inherited an apartment, then the state takes the apartment in 14 years, but I am registered in this apartment? e-mail: [email protected] (Margarita)
Regardless of who is registered (registered) in the apartment, you and the Setra are the heirs of the first stage after the death of your father for all property in equal shares, acc. from st. 1142 of the Civil Code of the Russian Federation.

Hello, please clarify the situation, the father died, I am a daughter from my first brother, I have a son from my second brother, my second marriage is also divorced. the father's mother is alive. who will enter the first line. how the inheritance can be divided, there is no will or donation. Thank you. Where in Omsk can you find out about your father's property?
The heirs of the first stage are parents, spouses and children from all marriages in equal shares, acc. from st. 1142 of the Civil Code of the Russian Federation. Information about the property of the testator can be obtained from the authorities that carry out state registration of rights to immovable property and transactions.

what share does the son receive after the death of his father, if he married a second time, but he had no more children, the spouse is a working pensioner and she has children
The heirs of the first stage are parents, spouses and children from all marriages in equal shares, acc. from st. 1142 of the Civil Code of the Russian Federation. If there is a will, then it will be prioritized and considered first.

Hello! My wife's grandmother died 5 months ago. The problem is that the direct heir is the son of my grandmother, that is, the father of my wife. My wife and I buried my grandmother at our own expense. My grandmother had savings on her book. The father is a chronic alcoholic and has no idea about the inheritance, did not take part in raising his daughter. The savings book is with the wife. Is my wife eligible to apply for an inheritance?
Grandchildren inherit in accordance with paragraph 2 of Article 1142 of the Civil Code of the Russian Federation only by the right of representation.

My father died. An apartment was left where no one was registered except him. there are children: a son and a daughter. The daughter does not want to inherit, the notary says that the daughter must come and write a refusal, pay for it, otherwise her children will claim this property. Question: is the notary telling the truth or does he just want to get extra money for writing the refusal?
Acceptance or rejection of the inheritance must be notarized, otherwise the daughter's share will be open.

Hello. My grandfather and grandmother lived in the Tambov region, my grandmother died in 2006, my father (Sergei) and grandfather applied for inheritance. Six months later, they entered into an inheritance, the grandfather immediately dies, after the inheritance is formalized. My father comes and writes an application for inheritance for my grandfather, the case was opened, my father had to come in six months, but he fell ill and died in 2007 without inheriting his grandfather. The father himself lived in the Moscow region. Question: How can I inherit it now? It is not clear after whom to join, after grandfather or father. And where to enter, my grandfather's or father's place of residence. After all, according to the documents, the father has no inheritance. There is also, in addition to the land, cash deposits that were not withdrawn to the grandmother. And the current contributions to the grandfather. Thanks in advance, I look forward to hearing.
You need to open an inheritance case after the death of your father at the place of his last registration. Your father is considered to actually take over the inheritance after your grandfather, and he, in turn, after the grandmother, but did not formalize his inheritance rights.

GOOD DAY! SUCH SITUATION: GRANDMAN DIED LEFT A HOUSE AND A LAND FOR THREE Daughters. ONE OF THEM DECORATED THE PLOT AND 1/3 OF THE HOUSE OFFICIALLY, i.e. THERE IS A CADASTRE NUMBER OF THE LAND AND A CERTIFICATE FOR 1/3 OF THE HOUSE. THE OTHERS DO NOT DRAW DOC-BUT (DO NOT WANT THEM AND SO EVERYTHING IS SUITABLE). ONE OF THE SISTERS IS ALREADY DIED. WHO IS INHERITING HER SHARE? HER DAUGHTER OR SISTER IS NATURAL BECAUSE THEIR MOTHER'S HOUSE, BUT THE INHERITANCE IS NOT DOCUMENTALLY DECORATED SO THANKS?
In accordance with the legislation of the Russian Federation, the heirs of the first stage are the children, parents and spouses of the deceased. The sister is the heir of the second order and inherits only if the heirs of the first order refuse the inheritance or do not accept it.

After the death of her ex-husband, who lived in Kazakhstan, pension savings remained, can children living in the Russian Federation use it, and where to start?
It is necessary to accept the inheritance after the deceased father, by writing a statement about it at the notary office, and send it to the notary in Kazakhstan at the place of registration of the testator.

Good day! My father recently died. We have three heirs. His sister, a son from a second marriage, and I am a daughter from my first marriage. He left a house and land. He was registered there alone. But he did not draw up documents for the house and land after his death. grandfather who died 10 years ago. Tell PLEASE in what shares can the inheritance be divided. And how can we draw up documents for the house and land, each for himself?
The heirs under the law of the first stage are the children, parents and spouse of the deceased. His sisters, brothers and daughters and aunts are the next queue and inherit only if the previous queue refused to accept the inheritance or did not accept it. Your father was the heir after your grandfather who actually accepted the inheritance, but did not formalize his inheritance rights. Apply to the notary office at the place of residence of your father with an application for the acceptance of the inheritance and, within the framework of the inheritance case, accept the inheritance and the property of your grandfather, whose heir was your father by virtue of law.

Hello. Please tell me, my uncle is the owner of the house, his wife died, but more than half a year has passed and he has not entered into ownership of his wife's share, because. he is in prison. They have a son, what share does the son have in the house, the will from the mother was not her share. The house was bought long before his birth, and in marriage. What should be done now? What share does the son have if he is not took over ownership?
The heirs according to the law of the first stage are the children, parents and spouse of the deceased in equal shares. It is necessary to open an inheritance case at the notary office at the place of the last registration of the testator and obtain a certificate of the right to inheritance for his share.

Hello. My husband's mother died. The deceased has been married for over 20 years. During their life together with her husband's stepfather, they purchased 2 cars. The cars are registered to the stepfather. After the death of my mother, a residential building remained (the owner is one mother). What share of the property will my husband own? Is he a disabled person of the 2nd group? Will the house be inherited in equal shares?
The heirs according to the law of the first stage are the children, parents and spouse of the deceased in equal shares. It is necessary to open an inheritance case at the notary office at the place of the last registration of the testator and obtain a certificate of the right to inheritance for his share.

Hello. We have such a situation. My husband's grandmother died five years ago, without having time to leave a will, she had two relatives, and a third husband from her first marriage. She and her husband were not registered, her husband also died. my husband's father also died soon after not having time to inherit a residential building, in this house was left to live my grandmother's own son, who did not havenot a wife, not a child. Who also died and he has no one left from his family, only a nephew, and a brother by his father who lives in another village. Please tell me who is the main contender for this house, and whether my husband has a share from this house ...
The heir of the second stage is the brother of the deceased. Article 1143 of the Civil Code of the Russian Federation.

Hello, I am the heir to the first order, but I have a problem. I found out that my father had money in the amount of 60,000 rubles on his pension card, but the next day after his death, this money was withdrawn from the account by his brother. The notary refuses to make inquiries with banks. My father also had a one-room apartment, a car and a plot of land, but my late father's brother refuses to hand over the documents to the property. Tell me what to do in this situation.
On what basis does the notary refuse to issue you a request to the bank? Go to court with a statement to obstruct obtaining a certificate of the right to inheritance.

Hello, my parents divorced three years ago, my father married a second time, lived with his legal second wife for less than a year and died a year and a half ago from a heart attack. after death, property remained: a garage, bought in the first marriage, a Lada car bought in the first marriage, and a jeep bought in a second marriage, but with the money of a sold minibus bought in the first marriage. Also at the time of death there was a loan in the amount of 190 thousand rubles, taken in the second marriage to buy a train. How will all this be divided between me (my daughter is 24 years old), my brother, who lives with us (at the time of his death, he was in school at all, now he is studying at a technical school for 19 years) and his second wife (they had no children).
The heirs of the first priority to the property of the testator are the children from all marriages, the spouse in the marriage registered at the time of death, and the parents of the deceased in equal shares each.

Am I entitled to the living space (other inheritance) of my late biological father, who officially renounced his parental rights when I was one year old? I am 41 now. I was adopted by another person at the age of two. After the divorce from my mother, he married another woman, but did not have joint children, and did not adopt her child (did not adopt). The biological father died 4-4.5 years ago. I learned about his death in November 2010.
In accordance with clause 3 of Article 1147 of the Civil Code of the Russian Federation In the case when, in accordance with the Family Code of the Russian Federation, the adopted child retains, by a court decision, relations with one of the parents or other relatives by origin, the adopted child and his offspring inherit by law after the death of these relatives, and the latter inherit by law after the death of the adopted son and his offspring.

Hello, tell me please, grandmother died, she owns an apartment and a dacha in half with her grandfather. In addition to the grandfather, the granddaughter is registered in the apartment, that is, me. What to do with the grandmother's share for an apartment and a summer residence, how to register for a grandfather or for children (she has 2 daughters), and is there any need to re-register anything at all? Maybe in half a year everything will pass to her husband, that is, to her grandfather? Or is it better to apply for earlier? Thank you.
The heirs of the first priority to the property of the testator are the children from all marriages, the spouse in the marriage registered at the time of death, and the parents of the deceased in equal shares each. Even if the grandfather is considered to have actually accepted the inheritance after his spouse, then the heirs will need to prove its actual acceptance when receiving the inheritance after the grandfather.

Does the deceased child have the right to a share of property inherited before marriage?
The heirs of the first stage are the children, parents and spouse of the deceased in equal shares. The estate includes all the property that belonged to the testator at the time of his death.

Hello. My husband privatized 2 apartments for himself. Now he died and the inheritance is divided into me and my children in equal shares.Please tell me if I can sue one apartment in which I lived all this time and was registered, and also paid all utility costs for it. Most of my children are ready to donate their shares to me, but one simply refuses, only to sell. Tell me how to be. I have no money, I am a pensioner. Thank you.
Since you are the heir of a share in another apartment, you can conclude an agreement on the division of inheritance, in which you can offset your share in one apartment for your son's share in another apartment.

Hello! A family of five (husband, wife, 1 daughter, 2 daughter, son) has a 4-room apartment, which was privatized for 4 people: husband, wife - the marriage is not registered 1 daughter and her son (grandson). In February 2010, the husband died, the heirs missed the term of inheritance, and now 2 heirs (2 daughter and son) who live separately in their home are restoring the inheritance term through the court. A year later, 1 daughter dies, who has 1/4 share of the apartment. In what order should the remaining owners now proceed to formalize the inheritance.
The heirs according to the law of the first stage are acc. from st. 1142 of the Civil Code of the Russian Federation, children, parents and spouses of the deceased. After the deceased 1daughter, the heirs will be her mother, son and spouse (if any). And also all heirs of the 1daughter have the right to a share in the inheritance of the father, since the 1daughter is considered to have actually accepted the inheritance (joint property), but has not formalized her inheritance rights.

Hello! Please clarify the situation. She has been married for 1 month, lived together for 1.5 years, her husband dies, his daughter is 20 years old. Two rooms in a communal apartment privatized for a husband and his daughter. I am not registered there, do I have rights to 1/2 room in a communal apartment that belongs to my husband, and what rights I have regarding inheritance. Thanks in advance! Best regards, Olga
The heirs under the law of the first stage are the parents, the spouse in a registered marriage and children from all marriages of the deceased in equal shares. If the property was acquired during the marriage for a fee (i.e. for money), then the former spouse can allocate a common share in such property (1/2 of the total property), if the property is privatized (i.e., it is prearranged by the state for free), then in such case, the marital share is not allocated. All other property is divided among the heirs in equal shares, no matter where they are registered (registered).

Hello! Please tell me how I should be in this situation: My mother lived with my father in a civil marriage. We lived in the city of Kachkanar, Sverdlovsk region. My father did not pay alimony for me, did not help either in education or financially. He had a 2-room apartment and inherited the house from his parents by will. In 1993, my mother and I went to live in the Nizhny Novgorod region. Then we learned from friends that my father started drinking heavily and sold the apartment, changed it to a smaller one. After that, he changed the apartment again. Six months ago, I learned that my father lives in the city of Nizhnyaya Tura, Sverdlovsk region, his daughter lives there from his first marriage. My father died recently. Do I have inheritance rights? Is it possible to somehow find out if he had any property (apartment, house)? What steps should I take to become inheritance rights? thanks in advance
If the testator officially recognized you as his child during his lifetime, and you have a birth certificate, where the testator is indicated by your father, then in acc. from st. 1142 of the Civil Code of the Russian Federation, you are the heir of the first stage on an equal basis with the other children of the testator in equal shares. To accept the inheritance, you need to submit an application for acceptance of the inheritance to a notary at the place of your father's last registration.

My father died. He is left with an 85-year-old mother who never lived with him and is not registered in the house. my mother and his wife are registered in the house. What shares of the inheritance are we entitled to?
In accordance with Article 1142 of the Civil Code of the Russian Federation, the heirs of the first stage are children, parents and spouses of the deceased, regardless of where they are registered, in equal shares.

My father died. He has three heirs left: his 85-year-old mother who does not live and is not registered in the house, his wife and I are his son, who are registered in this house. What shares of the inheritance are we entitled to? What happens if no one enters into inheritance after 6 months? What happens if we enter into inheritance after the death of the father's mother?
In accordance with Article 1142 of the Civil Code of the Russian Federation, the heirs of the first stage are children, parents and spouses of the deceased, regardless of where they are registered, in equal shares. Shares are retained for all heirs until proven otherwise (actual acceptance or non-acceptance of the inheritance). After the death of the grandmother, the heir by the right of representation will be the grandson, acc. with clause 2 of article 1142 of the Civil Code of the Russian Federation.

Hello, my father died, whom I did not know, he has a wife who is currently dying, they have a three-room apartment, though I don’t know for whom it is privatized more children they do not have tell me if I can apply for a share in this apartment after the death of my father’s wife ?
You are the heir to your father by law on the basis of Art. 1142 of the Civil Code of the Russian Federation. And after his wife can only be the heir to the testament.

We live in a house that belonged to our grandfather. A year ago he died, the house has not yet been registered with grandmother. They have three children, two sisters, they have their own housing, and a son who lives with his mother and his family, with his father There are three of us, we are all registered in this house. After the house is registered with my grandmother, how will it be divided? What part will my father get?
The heirs under the law of the first stage are the children, spouse and parents of the testator in equal shares, regardless of where the heirs are registered. If there are no grandfather's parents, the inheritance is accordingly divided into four. If the house was purchased during the marriage of the grandparents for money, then the grandmother is entitled to a marital share in the inheritance - this is 1/2 share, and the remaining 1/2 share will be divided between four heirs, including the grandmother. Accordingly, after the grandmother, there will be three heirs - her children (if she does not marry again before her death)

hello. in 1984 I got divorced. my husband got married a second time. he had a room in a communal apartment, he moved and registered in the apartment of his second wife, and her ex-husband moved and registered in my ex-husband's room. 8 years ago, my ex-husband died. I found out about this completely by accident. from marriage with him I have 2 children - born in 1972 and 1982. he has no children from his second marriage. The apartment is privatized. whether my children are entitled to a part of the inheritance. where to start, where to go.
If there is no will, then by law, the heirs of the first order are the spouse, children and parents of the testator in equal shares. To accept the inheritance, it is necessary to submit an application to the notary office for the acceptance of the inheritance within 6 months from the date of death of the testator.

Hello, my Mother got married a second time with her husband, they lived for 25 years, they have a joint child of 14 years old. The father died, he has a daughter from his first marriage, he did not communicate with her alimony paid yes for 18 years, right now she wants her share. property, apartment, dacha, car on credit for him) how to divide the property, and how to proceed so that she has nothing to get, since she does not want to invest in the funeral, they got us 100tr. (they say your whim), do not press on my conscience, I don’t ) .thanks in advance for your reply
In accordance with Article 1142 of the Civil Code of the Russian Federation, the heirs of the first stage by law are children from all marriages, the parents and spouse of the deceased. Acceptance or rejection of inheritance is the right of a citizen and it can only be deprived of it in court, if it is recognized as an unworthy heir in acc. with article 1117 of the Civil Code of the Russian Federation. The spouse has the right to the allocation of a marital share in the property acquired in marriage - this is 1/2 of the total property.And the rest of the share is divided into all heirs, including the spouse. The debts of the testator are also divided into all heirs, according to their shares in the inheritance.

Hello! My husband owns an apartment in a cooperative house. I am not registered in this apartment. The husband has a mother and a brother. Do I have the right to inherit part of the apartment if my husband dies? Thanks for the help.
The heirs under the law of the first stage are the children, parents and spouse of the deceased in equal shares, regardless of where the heirs are registered. If the apartment was purchased during marriage, then the spouse has the right to allocate a marital share in joint property - 1/2 share. And the remaining 1/2 share of the property will be divided into equal parts between all the heirs, including the spouse.

There are 2 owners (mother, younger son), and the elder has no property rights. If the mother dies, how will the inheritance be divided between the brothers?
The share of the deceased will be divided equally among the heirs, regardless of their property.

The husband has an ex-wife who is registered in his apartment. The husband is the owner. I have been married to my husband for 4 years, but not registered. If the husband dies, who will inherit the inheritance and how?
The heirs under the law of the first stage are the children, parents and spouse of the deceased in equal shares, regardless of where the heirs are registered. If the apartment was purchased during marriage, then the spouse has the right to allocate a marital share in joint property - 1/2 share. And the remaining 1/2 share of the property will be divided into equal parts between all the heirs, including the spouse.

Our father died. He has three grown children left. At the time of the father's death, one of the children was registered in his house, and the other two were not. Which of the three has the first inheritance, and how much of the inheritance will each of the three have?
The heirs under the law of the first stage are the children, parents and spouse of the deceased in equal shares, regardless of where the heirs are registered. If the apartment was purchased during marriage, then the spouse has the right to allocate a marital share in joint property - 1/2 share. And the remaining 1/2 share of the property will be divided into equal parts between all the heirs, including the spouse.

after the death of a spouse, will the wife or his children inherit the apartment after his death?
The heirs under the law of the first stage are children, parents and spouse of the deceased in equal shares.

Hello! Now I am entering into the inheritance of an apartment - there will be 2/3 of mine and 1/3 of my minor son. I decided to sell 2 rooms. apartment and buy 1 room. in a newer house. In guardianship, they allowed me, if I register the whole apartment for a new imperfect son in his property. But God forbid, something happens to my son, the question is, Who will get the new apartment then?
The heirs under the law of the first order are the children, PARENTS and spouses of the deceased. You will be the heir to your son's estate.

Hello. My father died. He lived with his stepmother in another city. Both are retirees. I also have a brother (he wants to give up the inheritance in my favor). The stepmother has three children. The father owned a house with land, a car, and maybe something else (how do you know what?). The stepmother owns another house with land. But all this was already acquired during the period of their marriage. What will I inherit if there is no will?
In accordance with Article 1142 of the Civil Code of the Russian Federation, the heirs of the first stage are children, parents and spouse of the deceased in equal shares each for all the property of the testator. However, in accordance with Article 34 of the RF IC - the surviving spouse has the right to the allocation of a marital share (1/2 dloya) in all property acquired during the marriage for a fee. Thus, first, 1/2 share will be allocated to the spouse, and then the remaining 1/2 share of the inheritance will be divided among all heirs, incl. and spouse.

I have in February 2011. father died. I am his daughter from his first marriage. The second wife hid the fact of death (she found out by accident).How is a notary looking for heirs (is it possible to hide the fact of the birth of children from the first marriage). How to claim your right to a part of the inheritance (I have no death documents, I also don’t know where the property is).
It is necessary to accept the inheritance within 6 months from the date of death of the testator. You need to obtain a second death certificate of your father from the registry office by presenting your birth certificate (and, if my last name is married, a marriage certificate). With these documents, you must contact the notary office in which your father's spouse opened the inheritance case and write a statement on your acceptance of the inheritance by law. Property documents are collected in one file. If the father's spouse has already submitted them to the inheritance case, this makes it easier for you to receive a certificate of the right to inheritance for your share.

Hello! Please tell me, my husband's apartment was formalized in the management of the federal service for state registration of cadastre and cartography 2 years ago into joint ownership, now the husband has died, who is the heir of this apartment (if the husband did not leave an inheritance), but we have 3 children with him, and also he has 2 children from his first marriage? Thank you.
If your husband did not leave a will on his property, then the heirs by law in acc. from st. 1142 of the Civil Code of the Russian Federation will be children (from all marriages), parents and spouse of the deceased in equal shares only for the property of the testator. Your share in the apartment will remain with you, and your spouse's share will be divided according to with inheritance law.

Hello! I have the following situation: an apartment is privatized for three people, a grandmother, a daughter, a granddaughter. The grandmother died and she has another daughter who did not participate in the privatization, will the daughter who did not participate in the privatization inherit the inheritance and what kind of inheritance she can get, she has her own home and she is registered at the place of residence, the grandmother still formalized guardianship for the granddaughter, it plays what what role? Thanks in advance for your reply!
According to the law, the heirs of the first order are the children, parents and spouse of the deceased, regardless of where they are registered. Both daughters will apply for 1/3 of the apartment share in equal shares. The remaining 2/3 of the share of the apartment will remain with other owners (daughter and granddaughter) as their personal property.

I had a brother, unfortunately, he died, after death he left an apartment, a summer residence, and he also has a daughter, she is 20 years old, does she inherit all the property? or do I, as a sister, also have the right to some share? please help, explain
The daughter is legally the heir to the first stage of Art. 1142 of the Civil Code of the Russian Federation. And the heirs of the subsequent stages (sister, the heir of the 2nd stage) inherit only if the heirs of the previous stage did not accept the inheritance or abandoned it.

Hello. Can the illegitimate children of my husband have the rights to his apartment, the former concubine threatens to make DNA to confirm paternity and claims part of the living space. best regards Vera
If the court recognizes the rights of paternity, then all children will be heirs.

After Peter's death, they claim the inheritance: his wife, his sister is disabled of the 1st group, 2 of his daughters and nephew how should the inheritance be divided?
If there is no will, then the heirs according to the law of the first priority in acc. with article 1142 of the Civil Code of the Russian Federation there will be children and the spouse of the testator. A disabled sister will inherit a share of the estate of the testator in the event that it was dependent on him for at least a year before the death of the testator. The nephew is the heir of subsequent orders and inherits only if the heirs of the previous orders did not accept the inheritance or abandoned it.

Hello! In December 2008. grandmother died, they did not apply to a notary to obtain a certificate of the right to inheritance, because The grandmother had nothing of value, the apartment in which the grandmother lived was privatized to one of her grandchildren.Recently, among the personal belongings of my grandmother, a savings book with a pension contribution in the amount of 56,000 rubles was discovered. The deadlines for accepting the inheritance were missed, the son of the deceased, the only heir of the first stage, did not enter inheritance rights, immediately after the death of his mother he fell seriously ill, underwent heart surgery, recovered for a long time (until September 2009) Is it possible now to get this money, and who can it to do - the grandson to whom the apartment is privatized or the son of the deceased, who did not enter into inheritance rights?
The heir by law is the son of the deceased, the grandson can inherit only by the right of representation (clause 2 of article 1142 of the Civil Code of the Russian Federation). It is only necessary to prove the actual acceptance of the inheritance by the heir (possibly in court).

Hello! I have such a problem, my husband died, in the parental apartment he had 1/4 of the share. His father refused in favor of his grandson from the inheritance and his mother accepted. It turns out that 1/4 is divided by 5 (son 2, I have 1, daughter 1 and mother-in-law 1. The notary does not allocate a share saying that the documents for the apartment have not been submitted, the application for the apartment was written. But the mother-in-law in every possible way refuses to provide documents . We do not communicate with her, she claims that I will not get anything? Tell me what to do, and where to start to get a share of the deceased?
If the other heir does not give the documents to you or does not provide them to the notary's office, you can go to court with a claim against your mother-in-law to obstruct obtaining a certificate of inheritance.

Will I be able to receive an inheritance if the heir of the first stage did not write a waiver?
The heirs of the subsequent queues will inherit if the heirs of the previous queue did not accept the inheritance or everyone refused.

Hello! We have such a situation. The wife's father died. He has a 1-room apartment and his father and wife were born there. When he was ill, no one but us took care of him. The wife paid for the apartment and everything else. We buried him too. And then, after the funeral, it turned out that he had a daughter and a son in another country. So his so-called daughter wants to come and take his ashes. And she claims to have an apartment. Should she have rights to this apartment if she turns out to be his daughter? Are all actions of my wife in our favor taken into account in court (God forbid) (rent, medicine, funeral, etc., etc.)
Inheritors by law are the children, parents and spouse of the testator in equal shares, regardless of where they live.

Hello! The husband divorced his wife, but they still have 2 daughters who decided to live with their mother. The father paid all the alimony, and now he lives in a civil marriage with a woman with a child. Can the former family claim his inheritance?
Daughters will always be his heirs by law, on an equal basis with his spouse in a registered marriage. It is only possible to change the right of inheritance by a will.

My question is this. My grandmother's sister, who has a daughter, died. The entire inheritance was to go to her / daughter / but the daughter also died. Now my grandmother can also take over the inheritance rights?
If there are no heirs of the first order, then the heirs of the next one take over the inheritance. sister of the deceased acc. from st. 1143 of the Civil Code of the Russian Federation.

Good day! My question is, I have a dacha in shared ownership and the owner of 1/2 of the dacha died. He had a disabled daughter. A year has passed and according to the documents, the deceased owner is still listed as the owner, but a lawyer from the family of the deceased owner assures us that the niece came into the property and the proof is a certificate that she applied for inheritance. This is true? They do not submit any other documents. The disabled daughter is absent. And I have a lot of questions about the maintenance of the joint shared property. The niece is hiding from us, and the tenants live in the house on their side without a contract agreed with us. What to do?
If the incapacitated daughter is alive, then no one can deprive her of her inheritance.To dispose of the inherited property officially, it is necessary to obtain documents confirming the ownership of this property. The certificate of acceptance of the inheritance gives the right to manage, but not dispose of, property.

help me please. a man (woman) died in her property, a privatized apartment. There are no relatives, no children of her own, but she lived with my great-uncle for 30 years in a civil marriage, he also died for 10 years. the question of whether a grand-niece or cousin of a common-law husband has the right to apply for the right to inheritance
Heirs by law are called to inherit in the order of priority provided for in Articles 1142 - 1145 and 1148 of the Civil Code of the Russian Federation. The heirs of each successive queue inherit if there are no heirs of the previous queues, that is, if there are no heirs of the previous queues, either none of them has the right to inherit, or they are all removed from inheritance, or are deprived of inheritance, or none of them accepted the inheritance, or all they renounced the inheritance. Heirs of the same line shall inherit in equal shares, with the exception of heirs who inherit by right of representation. If there are no such heirs, the inherited property is recognized as escheat.

Hello! Tell me: After the death of the father, a room was left (there was no will), the heirs - the daughter and 2 sons, the daughter declared the right to inherit within 6 months, but 2 sons did not declare. The question is: will the daughter receive the entire inheritance or will the sons' shares remain open? (it seems that the sons are not going to declare anything and present anything anywhere)
The notary will be able to issue a certificate of the right to inheritance for all the property of the testator if other heirs express their attitude to the inherited property, otherwise the shares will remain open until the case is resolved in court.

My common-law wife's father died, besides her, her mother (the wife of the deceased) and her minor brother (the son of the deceased) are registered in the house. Who is the heir? In what shares is the house divided? And does the mother (wife of the deceased) have the right to swing the rights and say that this is her house and disregard the opinion of others registered in this house?
The heirs of the first order are parents, spouse and children from all marriages, regardless of where they live and what property they have. In the jointly acquired property during the marriage, the surviving spouse has the right to the allocation of the marital share (if the property was acquired for money, or the money itself) - 1/2 of the total property. And the remaining 1/2 share of the property will be divided among all the heirs, including the spouse.

Silt with her husband for 22 years made joint property how will it be divided at the death of a husband if he has two children from his first marriage?
The heirs of the first order are parents, spouse and children from all marriages, regardless of where they live and what property they have. In the jointly acquired property during the marriage, the surviving spouse has the right to the allocation of the marital share (if the property was acquired for money, or the money itself) - 1/2 of the total property. And the remaining 1/2 share of the property will be divided among all the heirs, including the spouse.

During our joint life, my husband and I bought a tractor that is registered and a combine that is not registered and there are no documents for it, what can children from a first marriage claim?
The heirs of the first order are parents, spouse and children from all marriages, regardless. In the jointly acquired property during the marriage, the surviving spouse has the right to the allocation of the marital share - 1/2 of the total property. And the remaining 1/2 share of the property will be divided among all the heirs, including the spouse.

My uncle lived in a civil marriage since 1999 with a woman 1.5 years ago, she died, there are no heirs for the apartment, he has been registered in the apartment since 1999. There are no documents for the apartment, when the wife was alive, she gave the documents to a friend for storage, and now she says that She has no documents. How can the documents be restored if it is only registered there, the apartment is registered in the name of the deceased common-law wife, and is it possible to enter into inheritance rights, what documents are needed and what is the sequence of this procedure.
Heirs by law are called to inherit in the order of priority provided for in Articles 1142 - 1148 of the Civil Code of the Russian Federation.The heirs of each successive queue inherit if there are no heirs of the previous queues, that is, if there are no heirs of the previous queues, either none of them has the right to inherit, or they are all removed from inheritance, or are deprived of inheritance, or none of them accepted the inheritance, or all they renounced the inheritance. Heirs of the same line shall inherit in equal shares, with the exception of heirs who inherit by right of representation. If there are no such heirs, the inherited property is recognized as escheat.

Hello! I would like to know: my husband's mother and a partner with whom she lived in a civil marriage for 11 years died in a car catastrophe. They have a daughter together. And the partner has a son from his first marriage who claims a share. The mother has an operating business and apartment registered to her and bought by her on credit. The business was re-registered to her son. Does the son of a roommate have the right to claim the inheritance if the business started long before the meeting with the roommate (he was a seller and worked for her
The heirs under the law of the first order are parents, a spouse in a registered marriage and children from all marriages, regardless of where they are registered and what personal property they have. If the property was acquired in marriage, then the surviving spouse (A) has the right to the allocation of a compulsory share.

Hello! my mother has a donation house at her death who is the heir. a full-fledged family, 2 children.
The heirs under the law of the first order are the parents, the spouse in a registered marriage and children from all marriages.

Good day! my father died on December 4 inheritance car 350 tr and savings book 70 tr. I and my sister are heirs, my mother is divorced from my father, the apartment is registered for my sister, I only have a death certificate. What documents are needed to open an inheritance case? sister lives abroad and does not claim anything
To accept the inheritance, you need to submit to the notary the originals of the testator's death certificate, your birth certificate, a certificate from the testator's last place of residence and documents of title to the property. If the sister refuses to accept the inheritance, then the refusal must be notarized.

Hello, our dad died (we have 2 daughters, we are divorced with our mother, we have not written any wills with our new wife), he lived with his wife, they bought an apartment for two, I would like to know who will inherit his share in the apartment? If we, then how to draw up an inheritance, what to do and where to find out (he lived in another city)? And we also ate the heirs, how to do the right thing, that we will remain the owners, but we will not touch the share until his wife is alive and living, the 2-room apartment is not I would like to oppress her for now (a good woman)? Here is such a moment his sister and brother do not let us in and let us know, can they somehow arrange everything on themselves without us (they are not entirely honest)?
The place of opening of the inheritance is the last place of residence of the testator, i.e. it is necessary to open a hereditary case in the city where the testator lived. The heirs of each successive queue inherit if there are no heirs of the previous queues, that is, if there are no heirs of the previous queues, either none of them has the right to inherit, or they are all removed from inheritance, or are deprived of inheritance, or none of them accepted the inheritance, or all they renounced the inheritance. Heirs of the same line shall inherit in equal shares, with the exception of heirs who inherit by right of representation. If there are no such heirs, the inherited property is recognized as escheat.

Good afternoon, I have a question: a father in a family of three children and a mother died. Is it necessary to write inheritance statements for children?
If the children are minors. they will definitely accept the inheritance. The rest of the heirs, if they wish, can refuse to accept the inheritance on the basis of Article 1157 and Article 1158 of the Civil Code of the Russian Federation.

Good afternoon! Tell me please! I have a biological father - I have his last name and patronymic, he did not refuse me, he sent me alimony up to 18 (insignificant amounts), I never saw him. Can I claim the inheritance of my grandmother (father's mother), he died 10 years ago? Thank you!
The heirs of the first priority by law are the children, parents and spouse of the deceased in a registered marriage. Grandchildren inherit only by right of representation (instead of their parents who died earlier grandmothers).

Please tell me if it is possible to sell part of the inheritance (car) before the inheritance entered into legal force. My husband died on February 17, 2011, the children wrote abandoned. I came to Natarius and asked to accept the application for early acceptance of the inheritance, he did not accept the application, but he gave his consent and I opened the case for accepting the inheritance, issued a package of documents. I collected the documents, went to the natarius, he accepted the package of documents and said: "I am not detaining you, come back in six months." How to understand it? Is it possible for me to sell a car, because. Do I really need money? ”I was at the consultation with a lawyer, he said that it is possible. Tell me who is right and where to look for the truth.
The deadline for accepting the inheritance is established by law - 6 months from the date of the death of the testator. During this period, both heirs by law and by will declare their rights to inheritance. Upon the expiration of the specified period and provided that there are no heirs under the will (since it is a priority), the notary will issue certificates of the right to inherit the property of the testator.

Hello! my grandmother died in September, 4 months later, my father died, when we turned to the notary, he advised us to apply for the inheritance of the grandmother 6 months after the death of the grandmother, her ex-husband showed up and applied for the inheritance of his son! What should we do in this case? and who is considered the direct heir
The heirs of the first priority by law are the children, parents and spouse of the deceased in a registered marriage. Grandchildren inherit only by right of representation (instead of their parents who died earlier grandmothers).

Hello. There is an apartment, privatized in 4 equal shares for: mother, daughter, son, grandson (15 years old, daughter's son). The mother died on February 3. Questions: 1. Is the grandson the heir to the deceased's apartment? 2.if it is. The daughter and son want to share the apartment equally, so only the son inherits the inheritance. Will there be any questions from the guardianship and guardianship authorities regarding the fact that the daughter (mother of the grandson) did not inherit? 3. Is the tax paid for the sale of an apartment, the share of which is inherited? (ie owned for less than 3 years, the cost of a share is about 400-500 thousand) Thank you. Sincerely, Natalia
The heirs of each successive queue inherit if there are no heirs of the previous queues, that is, if there are no heirs of the previous queues, either none of them has the right to inherit, or they are all removed from inheritance, or are deprived of inheritance, or none of them accepted the inheritance, or all they renounced the inheritance. Heirs of the same line shall inherit in equal shares, with the exception of heirs who inherit by right of representation.

How to inherit after the death of my mother, I am not registered in the apartment, my brother and his minor daughter are registered in it, The apartment is not privatized
The heirs under the law of the first order are parents, a spouse in a registered marriage and children from all marriages, regardless of where they are registered and what personal property they have.

My father died, with whom I have never communicated! He still has a stone, which is divided into me and his mother, that is, my grandmother! Will she be able to sue my share if, as she says, she looked after him and paid the rent! He didn't pay alimony!
The heirs under the law of the first order are parents, a spouse in a registered marriage and children from all marriages, regardless of where they are registered and what personal property they have.

Hello. Changing the question: my father died, after his death there was a house, 2 garages on the territory of the house. 3 years before his death, he signed with the woman, all the documents for the house are with her. By law, all his property is divided between us by sex. Has whether she has the right to sell the property or her part without me.
The heirs of the same line shall inherit the property of the testator in equal shares, with the exception of the heirs by the right of representation. In acc. from st. 34 RF IC - the surviving spouse has the right to allocate a marital share in the property acquired by the spouses during marriage (1/2 share).

Good evening! In a 4-room apartment, 2 rooms are mine, 2 rooms - 1/4 each for a father, mother, daughter, grandson (this is a separate family) - we have a communal apartment. In 2000, the mother dies, in 2003, the daughter, the grandson draws up social protection in an orphanage (he is now 17 years old), the father does not draw up an inheritance, in 2008 I officially sign with him, in 2009 I formalize guardianship over him and I apply (in his interests) an application to the court for the restoration of the inheritance term - we are denied, motivation: you have the right to apply to and / from the determination of the share in the inherited property and the inclusion of the share of the inherited property in the estate. But we didn’t have time to file it, the ward is dying. Tell me, as a guardian, can I claim the inheritance and what shares can I count on? Thank you so much!
You can qualify as a legal spouse since 2008 for 9/32 shares of the specified rooms. And the minor is left with 23/32 shares of rooms, including his 1/4 share +3/16 from his mother +9/32 from his grandfather (by the right of representation).

Hello! My question is - my father died, he lived alone in a privatized apartment. Of his children, I and his brother, according to the idea, we have equal shares in the distribution of the inheritance, but the brother, taking away all the documents, said that there was no need to declare the right to inheritance under the new law, is he right? What should I do if the rights to inheritance still need to be claimed, and I have no documents (death certificate, documents for the apartment). Thanks in advance.
Your brother is wrong. The inheritance must be accepted within 6 months from the date of death of the testator. You can get a second death certificate at the registry office by presenting your birth certificate.

my grandmother died, she has two children, i.e. my father and my aunt, my aunt has 2 children, one of whom is registered in my grandmother's house, does she have the right to inherit at home.
The heirs of the first stage are the children, parents and spouse of the deceased. Grandchildren inherit only by right of representation.

My parents have been divorced for 23 years, I lived with my mother. I heard very little about my father. I accidentally found distant relatives on my father's side and they told me that my father died on December 31, 2010. He left a wife and two adult (over 14 years old) children. Can I claim any inheritance from my father and what actions should I take on my part?
The heirs of the first stage are the parents of the deceased, the spouse and children from all marriages, regardless of where they live and what property they own. To accept the inheritance, it is necessary to apply to the notary office at the place of residence of the testator and submit an application for acceptance of the inheritance.

My grandmother's nephew died 7 years ago (by her husband, my grandmother's husband also died 3 years ago), is my grandmother an heiress to my nephew, i.e. father of grandmother's nephew and grandmother's husband siblings
After the husband's nephew, the grandmother can inherit only if her husband accepted the inheritance after the death of his nephew.

Good day. I have a question. My grandmother's own sister died (in 2003). The closest relatives are nephews (children of relatives of different sisters (sister had died earlier)). In recent years, she was courted by her nephew (my mother's brother). After her death, a privatized apartment was left, what further actions were taken with the apartment (to whom it was unsubscribed and how), my mother does not know, she does not communicate with her brother. The question never came up.Can you please tell me what can be done today after so much time? Can I (daughter) address this issue?
Your grandmother is the heir to the second stage of the law on her sister's property, she can give you a power of attorney to conduct an inheritance case, and you will act on her behalf when registering an inheritance.

Hello! Our relatives have died, we are the heirs of the 3rd stage, there are a total of 14 of us, of whom there are heirs by the right of representation, they also live in other cities. What documents they need to send us to participate in the inheritance, if they cannot come personally. (Copies notarized by the mortal heir (mother), birth certificate of the heir, his own birth certificates) what else?
In addition to the documents listed by you, other heirs can draw up applications for the acceptance of the inheritance from the notaries at their place of residence and transfer them to you along with the rest of the documents for presentation to the notary at the place of opening the inheritance.

Good day. a friend's grandmother died. She has two sons. Please tell me how the inheritance will be divided. And how do you know if there is a will? The eldest son asks to write to his father (younger) rejecting his part. and the property is a private house with land and a bank account. thank you in advance.
Heirs of the same line shall inherit in equal shares, with the exception of heirs by right of representation.

My father died in 2009, at the end of 2010 my grandmother (on my father's side) died, and in March 2011 my grandfather (on my father's) also died. Now I decided to register my grandmother's inheritance (accounts in a savings bank). When I began to collect documents to confirm the relationship, it turned out that my grandmother was not my father’s own mother and there were no documents for adoption (guardianship), and my grandfather was my father’s own father) The registry office confirmed this. Together, my grandparents have been officially married since 1969 and since that time my son (my father) has lived with them. Is it possible in this case to formalize the inheritance for me (for the granddaughter).
Since the grandfather died later than the grandmother, you can prove that he actually accepted the inheritance after the spouse (grandmother), and you, as the heir by the right of representation, acc. with clause 2 of Art. 1142 of the Civil Code of the Russian Federation, you have the right to inherit monetary deposits that belonged to your grandmother.

My brother died, my wife and two children are left, one is an adult, the other is a schoolboy. Retired parents are also alive. Do they have the right to inherit the lands that belonged to my brother as an individual entrepreneur?
Heirs according to the law of the first order in acc. with article 1142 of the Civil Code of the Russian Federation are the parents, spouses and children of the testator in equal shares.

Good day! After the death of my husband, the apartment that he acquired before marriage, will I be able to inherit? He has a child from his first marriage.
All property that belonged to the testator by right of ownership shall be transferred to the heirs. The heirs of the first stage are the parents, spouse and children from all marriages of the deceased in equal shares.

Good day. I have a question - my mother's cousin died, the house remained, but sometimes my sister's nephew comes and plants a vegetable garden, there is no will, which can be counted on by my mother, father and me. thanks, Natalia
Heirs by law are called to inherit in the order of priority provided for in Articles 1142 - 1145 and 1148 of the Civil Code of the Russian Federation. The heirs of each successive queue inherit if there are no heirs of the previous queues, that is, if there are no heirs of the previous queues, either none of them has the right to inherit, or they are all removed from inheritance, or are deprived of inheritance, or none of them accepted the inheritance, or all they renounced the inheritance. Heirs of the same line shall inherit in equal shares, with the exception of heirs who inherit by right of representation.

DO I HAVE THE RIGHT TO INHERITANCE AFTER THE DEATH OF THE FORMER HUSBAND. HE DIED JANUARY 16, 2011 I WAS DIVORCED WITH HIM FOR MORE THAN THREE YEARS.
If a will is drawn up in your favor, you can inherit. And in acc.with article 1142 of the Civil Code of the Russian Federation - the heirs of the first stage are the parents, children from all marriages and the spouse in the registered marriage of the deceased.

Hello! They killed my father, I did not live with him and my mother also, the house remained, his brother has a power of attorney for the house, can I claim him?
The heirs of the first stage are the parents of the deceased, the spouse and children from all marriages, regardless of where they live and what property they own. To accept the inheritance, it is necessary to apply to the notary office at the place of residence of the testator and submit an application for acceptance of the inheritance.

the father died, he had one legitimate son, (the deceased was divorced from his mother), and the mother of the deceased remained. Who, according to the law, the son or mother of the deceased, WILL RECEIVE INHERITANCE.
The heirs of the first stage are the parents of the deceased, the spouse and children from all marriages, regardless of where they live and what property they own.

his father died, he was deprived of parental rights, there was only a three-room apartment in which at the moment one two-cousin was registered. Two years ago I was registered there. Am I entitled to an apartment?
The heirs of the first stage are the parents of the deceased, the spouse and children from all marriages, regardless of where they live and what property they own. Deprivation of parental rights of a father does not deprive the child of the right to inherit his property.

Hello. In 1996, our father entered a person into his mother's apartment. Then father died. Father was not registered there. He was only an heir. We are his children can we claim anything from this apartment. At that time father was the only heir his mother's apartment. We his children are registered elsewhere.
The heirs of the first stage are the parents of the deceased, the spouse and children from all marriages, regardless of where they live and what property they own.

Hello! My grandmother died in 2010 leaving a will on my father. The father died 4 months later without inheriting. Can the legal wife of the father claim the inheritance of the grandmother, or it is divided into the heirs of only the grandmother.
Heirs by law are called to inherit in the order of priority provided for in Articles 1142 - 1145 and 1148 of the Civil Code of the Russian Federation. The heirs of each successive queue inherit if there are no heirs of the previous queues, that is, if there are no heirs of the previous queues, either none of them has the right to inherit, or they are all removed from inheritance, or are deprived of inheritance, or none of them accepted the inheritance, or all they renounced the inheritance. Heirs of the same line shall inherit in equal shares, with the exception of heirs who inherit by right of representation. If there are no such heirs, the inherited property is recognized as escheat. If your father lived with his grandmother at the same address, then he may be considered to have actually accepted the inheritance, but not documented his inheritance rights. And, therefore, you inherit from your father.

Tell me, please, and if I was under the care of my grandmother for several years before her death, was incapacitated (minor) at the time of death, was completely dependent on her, I cannot be considered the heir of the "sliding queue" and claim the inheritance on an equal basis with my mother ?
You are the heir in accordance with Art. 1148 of the Civil Code of the Russian Federation

Good evening. Please tell me. My father died, his wife, children and mother are heirs. A few months later his mother, my grandmother, dies. She had no intention of claiming her son's inheritance. Does the grandmother's second son have the right to claim his mother's share in his brother's inheritance? Thanks in advance
If the brother proves that the mother actually accepted the inheritance after the son, he will claim her share in the brother's inheritance.

Hello. On September 1, 2011, the mother-in-law died, bequeathing the apartment to her son. The mother-in-law lived in this apartment with her second husband.Six months later, the notary issued the inheritance right to his son in the amount of 5/6 of the share. 1/6 of the share was awarded to the mother-in-law's husband as a mandatory share in the inheritance, since he was registered in the apartment and was a pensioner. the son inherited 1/6 of the share on March 1, and on March 15 he learned that his stepfather had died on February 16. How to arrange 1/6 of an apartment?
In accordance with Article 1145 of the Civil Code of the Russian Federation: If there are no heirs of the first, second and third stages (Articles 1142 - 1144), the relatives of the testator of the third, fourth and fifth degrees of kinship who do not belong to the heirs of the previous stages receive the right to inherit by law. The heirs of the fourth stage are relatives of the third degree of kinship - great-grandparents and great-grandmothers of the testator of the fifth order - relatives of the fourth degree of kinship - children of the testator's nephews and nieces (cousins ​​and granddaughters) and siblings of his grandparents (great-uncles and grandmothers) as heirs of the sixth order, relatives of the fifth degree of kinship - children of the testator's cousins ​​and granddaughters (great-great-grandchildren and great-granddaughters), children of his cousins ​​and sisters (great-nephews and nieces) and children of his great-uncles and grandmothers (great-uncles and aunts). If there are no heirs of the previous queues, the stepchildren, stepdaughters, stepfather and stepmother of the testator are called by law to inherit as heirs of the seventh order.

Hello! My ex-husband died recently. From marriage we have a minor son, 4 years old. He is registered with his father in a one-room apartment. Nobody else is registered or lives in this apartment. Inherited property - 1 room square-ra, 1/2 two-room square-ry, where the testator's mother is registered, garage, car, land of 9 acres. As a representative of a minor, I will open an inheritance case. But I face the following difficulties: the mother of the deceased hid all the documents - will, documents for all property, hid the car and prevents the child from getting into the apartment. at my request to provide documents - she refuses. in fact, I had to move to another city with the child. she also found plastic cards in the deceased's apartment and withdraws money from his accounts. while the child is not at home, the mother of the deceased takes all valuables out of the apartment. What measures can I take to preserve inherited property? how should i do it? How can I find a will, I do not know with which notary he wrote it?
You need to contact the district police officer to describe the apartment and seal it. You also need to contact the notary office at the place of the last residence of the deceased and open an inheritance case or get a notary's order to ensure the safety of the inherited property. The most correct thing is to go to court with a statement of claim against the mother of the deceased to obstruct the adoption of inheritance by minors. AND CONNECT the Guardianship and Guardianship Authorities to this case - they will definitely be on the side of the minor!

Good day. Please tell me how to divide the inheritance in this situation: There is a plot of 12 acres, a post-war house with a total area of ​​43.1, living space 32.9, veranda 11.1 + on the plot there is a garage, a barn, and a car. My father died prematurely, so there is no will, my grandmother divided all of the above between my father and his sister, now we share half of all this, tell me what area is rightfully mine. They offered me that I would give them half of the cost of the car, and they give me 3 acres of land and a room in the house - 9 square meters. ... But what about the barn, in truth I don't need them, can I somehow abandon it in favor of the house? And what will be my share of the area of ​​the house in this case? Do I have the right to choose the size of the plot myself, or just what they will offer me (they offered 5 meters by 60 meters - 3 ares), on such a site I can't even build anything. The size of the site is 20 meters by 60 meters. Thank you in advance, I will wait for an answer, just in case again my e-mail: [email protected]
Everything that belonged to your father will be divided among the heirs who have accepted the inheritance (children, spouse and parents of the deceased) in equal shares.If it is necessary to allocate in fact specific areas, then after receiving certificates of the right to inheritance, you will need to apply to the court with a statement on the actual division of the inherited property.

The husband has a donation to the house and has a daughter from his first marriage. How will the inheritance be divided?
The heirs of the first order are the parents, children and the spouse of the testator (in a registered marriage). All property belonging to the testator will be part of the estate and will be divided among the heirs in equal shares.

My husband and I are not married, and have never been in it. But we have a son together. The son is officially registered, there is a certificate of paternity. A question. My mother-in-law's apartment is privatized only for her. And my husband has a brother, he has no children yet. Who are the heirs to this apartment?
The heirs of the first order are the parents, children and the spouse of the testator (in a registered marriage). All property belonging to the testator will be part of the estate and will be divided among the heirs in equal shares.

Please tell me! Can I apply for an inheritance after the death of my father, who is married and has one more daughter?
The heirs of the first stage of Art. 1142 of the Civil Code of the Russian Federation are children from all marriages, parents and spouse of the deceased in equal shares, regardless of where they live and what property they have.

My daughter, a disabled person of the 3rd group, lived with my grandmother, my mother, who died in January. Can I give up the inheritance in favor of my daughter? or does the daughter have the right to inheritance? we have no more heirs.
Grandchildren inherit only by right of representation in place of their deceased parents. You can accept the inheritance, and then give it to your daughter.

Hello! I recently bought an apartment with my husband, registered it for him. Will I be the only heir to this apartment if he has grown-up children from his first marriage?
The heirs of the first stage of Art. 1142 of the Civil Code of the Russian Federation are children from all marriages, parents and spouse of the deceased in equal shares, regardless of age, where they live and what property they have. However, for property acquired during marriage, you are entitled to 1/2 share as a spouse, acc. from st. 34 RF IC.

Good afternoon, I ask you to answer this question - the apartment was acquired by my husband before marriage, the owner is he alone, on a mortgage. we entered into marriage immediately after the acquisition, and we pay the mortgage together. the apartment is registered, but as the owner, no. my husband has 2 sons from a previous marriage, citizens of Ukraine. Who can inherit and how? (The mortgage has not been paid yet.) Thank you.
The heirs of the first order by law are the children from all marriages, the parents and the spouse of the testator in the marriage registered at the time of death, regardless of where each of the heirs lives and what property he has. The acquisition of property by one of the spouses before marriage affects only the allocation of his legal marital share to the surviving spouse.

Hello, please tell me, my grandmother has a nephew, he is not married and he has no family, after the death of his relatives he became the only heir, he does not draw up a will, who after his death will inherit his property and does the grandmother have the right to him? thanks a lot in advance!
In accordance with Art. 1143 of the Civil Code of the Russian Federation - if there are no heirs of the first stage, the heirs of the second stage are legally the full and half brothers and sisters of the testator, his grandfather and grandmother, both on the father's side and on the mother's side.

Hello! Great-grandmother died in 1993. bequeathed the house and the land plot to her daughter, the daughter did not inherit and also died in 2005, the house soon collapsed, can I, as a great-grandson, issue the land to myself, and what is needed for this ??
Heirs by law are called to inherit in the order of priority provided for in Articles 1142 - 1145 and 1148 of the Civil Code of the Russian Federation.The heirs of each successive queue inherit if there are no heirs of the previous queues, that is, if there are no heirs of the previous queues, either none of them has the right to inherit, or they are all removed from inheritance, or are deprived of inheritance, or none of them accepted the inheritance, or all they renounced the inheritance. Heirs of the same line shall inherit in equal shares, with the exception of heirs who inherit by right of representation. If there are no such heirs, the inherited property is recognized as escheat.

I am a son and I live with my mother in a privatized apartment. shares 50-50. I do not know which of us will be the first to leave for another world - both are sick. the question is if she is the first then who has the right to 50% (there is also a daughter registered in another apartment) and if I am the first (I have a family - a wife, a daughter). and if she is the first how to write a will correctly on my part. Thank you
The heirs of the first stage are the parents, children and spouse of the grantor (Article 1142 of the Civil Code of the Russian Federation). You can write a will in favor of any heir. The will is limited to Art. 1149 of the Civil Code of the Russian Federation - mandatory share.

My father had 8 brothers and sisters and a house with their parents' plot. But no one lived there. Five have died long ago. When my sister died, her children announced that we would divide the inheritance of the parental house into 3: 2 surviving brothers - my father and another brother and a third part to the two daughters of the sister. But no documents were issued at all. No one has the right to inheritance. Now, without the knowledge of the living brothers of the daughter, their sisters decided to sell their share. Do they have the right to do this without inheriting and if they inherit their share after the death of their mother, do the children of other 5 brothers and sisters who died earlier have the right to inheritance? After all, then the share of each will be 1/8. What to do in this case, the aunt's daughters threaten that they will sell their share even without intercourse and our consent.
It is impossible to sell or donate joint property without the consent of other co-owners. If none of the heirs has formalized inheritance rights in court, then you need to extend the term (Article 1154 of the Civil Code of the Russian Federation) and obtain certificates of the right to inheritance for their shares in the inheritance, register the transfer of ownership with the authorities that register rights to real estate and transactions with him, and then dispose of, including selling, their shares in the inheritance.

The apartment is privatized in equal shares, the grandmother, her son, the grandson (adopted by the grandmother) are all completely summer, the disabled son owned 1/3 died, his 2 children have not lived together for more than 15 years, they are in another city. How will his share be divided?
The heirs of the first stage are the parents, children and spouses of the inheritor (Article 1142 of the Civil Code of the Russian Federation), regardless of where the heirs live and what kind of property they have.

My mother sold the house to my grandmother. Mom and her parents are dead. Do I have the right to inherit.
Heirs by law are called to inherit in the order of priority provided for in Articles 1142 - 1145 and 1148 of the Civil Code of the Russian Federation. The heirs of each successive queue inherit if there are no heirs of the previous queues, that is, if there are no heirs of the previous queues, either none of them has the right to inherit, or they are all removed from inheritance, or are deprived of inheritance, or none of them accepted the inheritance, or all they renounced the inheritance. Grandchildren inherit only by the right of representation (clause 2 of article 1142 of the Civil Code of the Russian Federation)

hello, tell me please, my brother and I are heirs after the deceased father, if the house is not registered for him, but he was registered in it? and how can we claim our inheritance rights, all the documents are with his sister and she is the owner
If the house is registered in the name of your father's sister, then your father has no property that could be inherited.

the husband died seven years ago without leaving a will.in due time, I opened an inheritance case (2-room apartment) for myself and my daughter at that time, in equal shares. Until the end, the inheritance was not formalized by me for various reasons .. and recently I learned that almost 2 years ago my daughter registered the ownership of the apartment for herself alone. How legal is it and can I return my share of the inheritance?
If you accepted the inheritance, and your statement about this exists with the notary in the inheritance case, then the notary could not issue a daughter's certificate for the whole apartment, but only for her share. You need to apply to the notary office where the inheritance case is open and get a certificate for your share in the inheritance. Otherwise, go to court.

parents died, leaving a gift of their apartment to us in equal shares with my sister: 1/2 - to sister 1/2 to me, sister dies, no children, have a husband, what rights do I have for half of my sister? my parents' apartment? for the earlier grateful for the consultation.
The heirs of the first stage are the children, parents and spouse of the testator in accordance with Art. 1142 of the Civil Code of the Russian Federation - inheritance by law. If there are no heirs of the first stage, the next stages are inherited, acc. from Art. 1143-1148 of the Civil Code of the Russian Federation. Accordingly, you will inherit after your sister only if her husband does not accept the inheritance.

Hello, I would like to know if it is possible to register an apartment after a year after the death of the tenant, I am the only heiress-daughter, I just had financial difficulties
You can issue it, you just need to prove that you actually accepted the inheritance.

Hello. My father had a new family: a wife and 2 sons. In February of this year, my father died, and 3 months later his wife. There are 2 sons left. My father had a privatized apartment. Can I claim his share in the apartment, because I am also his daughter. What is the right thing to do?
The heirs under the law of the first order are parents, spouses in legal marriage and children from all marriages, regardless of where they live.

Good day! We own an apartment with mom in equal shares. Mom died. Do I need to register my mother's share for myself? I have a brother, but he does not apply for an apartment. Does this need to be documented? Thank you.
According to the law, the heirs of the first stage are the children, parents and spouse of the deceased in equal shares. Each of the heirs must express their will (accept or refuse) in relation to the inheritance by writing a statement about this with a notary, otherwise their shares will be open.

Hello! The situation is as follows: 13 years after the death of the pope, there was an inheritance, his sister spoke about it, suggested simply abandoning it. His mother, two daughters and his current wife are inherited. The question is what documents are needed to enter the inheritance, how and where to certify this, and what approximately parts are divided for each.
The heirs under the law of the first stage are the parents, children and the spouse of the deceased in equal shares. You can open an inheritance case in a notary office at the place of the last residence of the testator. If the testator was registered (registered) in Moscow, then you can contact any notary in Moscow.

The father-in-law died, the mother-in-law is alive, their son living in another place is registered in a private house. What is needed for the mother-in-law to inherit?
The heirs according to the law of the first stage in acc. from st. 1142 of the Civil Code of the Russian Federation are children, parents and spouses of the deceased, regardless of where they live and what property they own.

Good afternoon, please help me with the following question: my parents have two apartments. The first is two-room. Mom gave the apartment to her son. The second apartment has three rooms: dad owns it. Registered there - me, dad and mom. Is it possible that after the parents are gone, the brother can partially claim a three-room apartment?
You and your brother will be heirs after your parents in equal shares, no matter where you are registered, and how much property you own. Parents can write a will in your favor for a three-room apartment, and then the brother will not be able to claim it.

Hello! In 1983, my aunt died (my mother's sister, who died in 2010). I recently learned from my relatives that a land plot remained from my aunt, which is still empty. When contacting the village council with a request to buy it out, they said that it is still in my aunt's possession. Do I have a legal right to restore the right of subsequent inheritance through the court, and which queue am I heir? If I understood correctly from the Internet, then I am the heir of the second or sixth stage.
you are the heir of the right of representation acc. with clause 2 of article 1143 of the Civil Code of the Russian Federation. Only you will need to judicially restore the term for accepting the inheritance.

Hello, my maternal second cousin died tragically six months ago, and he still has a house and a plot of land. The brother was not married, he has no children. Do I have a legal right to claim the inheritance and if so, what documents are needed for this. Thank you in advance for your reply.
If the cousins ​​and uncles will not accept the inheritance after the deceased, then you can accept the inheritance as the heir of the sixth order. To open an inheritance, you must submit a death certificate of the testator, a certificate from the last place of residence and documents confirming your family relationship.

I am divorced with my husband, I have a child, my husband died 3 months ago, does his sister have the right to inherit her husband, he was registered alone in the house, and who has the right to inherit
Heirs by law are called to inherit in the order of priority provided for in Articles 1142 - 1145 and 1148 of the Civil Code of the Russian Federation. Your child is the heir of the first priority acc. from st. 1142 of the Civil Code of the Russian Federation The heirs of each successive queue inherit if there are no heirs of the previous queues, that is, if there are no heirs of the previous queues, either none of them has the right to inherit, or they are all removed from inheritance, or are deprived of inheritance, or none of them has accepted inheritance, or they all refused the inheritance.

After the death of my father, the house remained, I and his wife (not my mother) are the heirs. how should the re-registration of documents to the house go? who should be listed as the owner of the house: me or she? And if she is indicated, will she not be able to deceive me and not give the money from the sale of the house (we are going to sell the house). We have already submitted an application for acceptance of the inheritance to a notary
Heirs by law are called to inherit in the order of priority provided for in Articles 1142 - 1145 and 1148 of the Civil Code of the Russian Federation. The heirs of each successive queue inherit if there are no heirs of the previous queues, that is, if there are no heirs of the previous queues, either none of them has the right to inherit, or they are all removed from inheritance, or are deprived of inheritance, or none of them accepted the inheritance, or all they renounced the inheritance. Heirs of the same line shall inherit in equal shares, with the exception of heirs who inherit by right of representation.

the father died, the apartment was privatized to the father, 2 sons are registered in the apartment, and my daughter is not registered, do I have the right to the 3rd part, as the heir of the 1st stage on a par with the brothers, or are they in a better position?
Populations of the first stage according to the law, acc. from st. 1142 of the Civil Code of the Russian Federation are parents, spouses and children from all marriages of a deceased person, regardless of where they are registered and what property they have.

dad died in November 2010, he was married to another woman, they have a common son, he is almost 3 years old, I didn’t want to apply for my part of the inheritance at first, but now I changed my mind! Will I be able to sue something?
In order for you to receive your share of the inheritance, you will need to prove the legal fact of your acceptance of the inheritance or restore the missed one in acc. from st. 1154 of the Civil Code of the Russian Federation, the deadline for accepting the inheritance, indicating valid reasons.

My parents died, I lived and is registered in the parent's house, my sister claims to inherit half of the house she has her own house she does not live and is not registered in this house for more than 30 years my son lives with me for 3 years. my house, does my son have any share in this house
Populations of the first stage according to the law, acc. from st. 1142 of the Civil Code of the Russian Federation are parents, spouses and children from all marriages of a deceased person, regardless of where they are registered and what property they have.

The couple lived in an unregistered marriage for 8 years. A car and a garage were bought together and registered with my husband. How the inheritance will be divided after death. Car, garage, spouse's unearned wages. Does it make sense for a wife to sue, or will the children get everything from their first marriage? Thank you in advance.
Populations of the first stage according to the law, acc. from st. 1142 of the Civil Code of the Russian Federation are parents, spouses (in a registered marriage) and children from all marriages of a deceased person, regardless of where they are registered and what property they have. However, if the property is registered to the "civil" spouse, then it means it belongs to her. It is also possible to prove in court that the property belongs to you if it was registered in the name of the deceased, and upon purchase you signed any payment documents.

Hello, I am interested in this question: Can my father claim his sister's inheritance after her death? She has two children. None of them have ever lived in this household, my parents live there. The house is two turns.
Heirs by law are called to inherit in the order of priority provided for in Articles 1142 - 1145 and 1148 of the Civil Code of the Russian Federation. The heirs of each successive queue inherit, if there are no heirs of the preceding queues.

Hello. Please help me figure out the next question. To my son (3 years old). His grandmother died 2 years ago. My son's father died in December 2010. My grandfather died in May 2011, which was a stepfather to the father of my child. Grandmother and grandfather got along when the father of my child was 5-7 years old, they lived together for about 40 years, and as a marriage for about 15 years. Is it possible to establish a relationship: my son is the grandfather's grandson? If so, on what basis?
Heirs by law are called to inherit in the order of priority provided for in Articles 1142 - 1145 and 1148 of the Civil Code of the Russian Federation. The heirs of each successive queue inherit, if there are no heirs of the preceding queues. If the marriage of your child's grandparents was officially registered, and the father of your child was adopted, then your child will inherit from the grandfather.

the house is registered in the name of the father-in-law, died 2011. my husband died four years ago. the child is 7 years old, I am registered in the house for 12 years. according to the law, the heirs are the mother-in-law and my child. Do I have the right to inheritance by registration? thanks in advance.
Heirs by law are called to inherit in the order of priority provided for in Articles 1142 - 1145 and 1148 of the Civil Code of the Russian Federation. The heirs of each successive queue inherit, if there are no heirs of the preceding queues.

The will is written for two children of their own with a share of 1/2 to each. One of them died before his parent. It turns out, according to the will, there is only one heir left. Will he inherit all the property? Nobody has a compulsory share right. There was no one left in the first stage either. The question is that there are two children (adults) left from the deceased heir. Can they claim the deceased heir's share by right of representation? What inheritance (all or shares?) Will go to the surviving heir? Will all property be inherited by a probate heir if the other heir dies?
The children of the deceased child of the testator can inherit according to the law - by the right of representation - clause 2 of article 1142 of the Civil Code of the Russian Federation. If the deceased heir made a will, then his heirs can accept his share according to the will.

My brother and I inherited a house, I have been registered in it for 15 years, do I have the right to most of the house when distributing the inheritance?
The heirs of the first stage are the children, parents and spouses of the deceased in equal shares, regardless of where the heirs live and what property they have in individual ownership.

Hello. My father died in May. A three-room apartment was left, which was privatized by mother and father in equal shares. After the death of my mother, on the advice of the notary, I transferred my share of the inheritance to my father, and he registered me in the apartment. The notary said that since I the only son, then after the death of my father I automatically become the heir. I am married, my daughter is still registered in the apartment. Tell me how and when it is better for me to arrange everything and if I may have problems. I have no other relatives in the city.
You have nothing to worry about! if the father has no children from other (possible) marriages, then you are the only heir. Contact a notary office, open an inheritance case and receive a certificate of the right to inheritance.

My cousin aunt died. I am the heir of the 6th order. My natural father died (cousin of the deceased) THE LAST 4-5 YEARS I CARED FOR HER: WALKED FOR THE PRODUCTS OF T., PAID SHE PLANNED TO DRAW A TESTAMENT (APARTMENT) FOR ME, BUT GREATLY SICK AND DIED AS A CONSEQUENCE. PLEASE TELL ME ! THE NOTARY DOES NOT ACCEPT THE APPLICATION BECAUSE THE DOCUMENT IS NOT ENOUGH IN CONFIRMATION OF THE RELATIONSHIP WITH THE DEAD And patronymics (have not changed during my life) AND I HAVE THE SAME SURNAME. THE INHERITOR HAS A DIFFERENT IN FATHER (BUT IT'S NOT IMPORTANT). AND ADDRESS INFORMATION ABOUT THE REGISTER OF THE DEAD ON THE DAY OF DEATH, CERTIFIED BY ANOTHER NOTARY
An inheritance case is opened on the basis of a death certificate and a certificate from the last place of residence of the testator. The rest of the documents can be brought as far as possible. In your case, it is easier to go to court with an application for recognition of the legal fact of kinship.

Hello! The situation is as follows: Privatized apartment. 5 owners. Each has a 1/5 share in the right (husband, wife, two children, grandmother). The apartment was not bought for money, before privatization it was state-owned. She was received by her grandmother, then her granddaughter was registered with her, she later married, gave birth to children. And all together participated in privatization. The apartment was privatized in 1993, the initial privatization. Through reg. the ward has not been registered so far. After the death of his wife, can the husband count on half of his wife's share? Or is the share of the deceased divided among the heirs of the first stage (husband, sons, mother of the deceased) in equal shares? The husband of the deceased is a disabled person of the II group, and the mother of the deceased is also a disabled person + a pensioner. Thank you in advance for your response!
If the deceased did not write a will, then her share will be divided equally among the heirs of the first stage (Article 1142 of the Civil Code of the Russian Federation).

My aunt inherited the land, I paid for the registration. She does not want to register ownership of this land, her sister asks to sell the land. More than 2 years have passed since the inheritance, I pay all utility bills. Can I enter the inheritance andarrange a plot with a house on herself without her desire.
Did your aunt accept the inheritance by writing a statement to the notary about it, but did not formalize her inheritance rights with documents? you can, by power of attorney from your aunt, complete the procedure for re-registering ownership in succession, but only in favor of the aunt. And later, the aunt can give you the acquired real estate.

Good day! Question: My husband and I bought an apartment with the help of a mortgage and issued it for 1/2 each. The marriage is registered. No children. In the event of the death of one of us, do we have the right to inherit the apartment in full? And what to do in this case - to issue a deed of gift?
You and your spouse are the heirs of the first stage (Article 1142 of the Civil Code of the Russian Federation) for each.

inheritance of an apartment by a spouse after the death of a spouse In February, the husband died. We owned a privatized apartment. In what order of inheritance was the division of the property subject to, given that I (the spouse) and three children were the heirs. What percentage? And can a child submit his share to a third party without the consent of the rest of the heirs, or enter someone else into the apartment ?? Thank you
The heirs according to the law of the first stage are acc. from st. 1142 of the Civil Code of the Russian Federation, children, parents and spouses of the deceased in equal shares. Selling an apartment is possible only with the consent of all co-owners.

Hello! I have a question for you about inheritance. In general, the situation is like this: My mother left my father when I was less than a year old. the father drank and all the consequences flowed out. The father did not pay the elements, and the mother refused them because when he paid a little he came drunk and showed his bad manners. In the end, my mother, through the court, made sure that he did not have any rights over me. Something like that. He died 2 or 3 years ago, but I didn’t apply for the inheritance then. I was inexperienced in this, maybe I don't know. So. I don't know what property he had at that time, I never saw his mother, my "grandmother". How to find out if I can claim some of his share. and what can you advise me on everything that I wrote to you. Help please. This is very important to me!
You can find out which property belonged to your father in the authorities that carry out state registration of rights to real estate and transactions with it (Department of Housing Policy and Housing Fund, Office of the Federal Service for State Registration, Cadastre and Cartography, etc.) by making the appropriate inquiry. However, you will need to restore the period missed for accepting the inheritance (Article 1154 of the Civil Code of the Russian Federation).

Tell me please. My mother and father divorced when I was 2 years old. Father began to live in his apartment in a civil marriage with a woman. They had a child (my half brother). The apartment was privatized and only my father and his second son were registered there. My father died in 2001, am I entitled to a share in this apartment and how can I achieve this? My brother refuses to communicate with me, thank you
The heirs under the law of the first stage are the parents, spouses (in a registered marriage) and children (from all marriages) of the deceased in equal shares. It is necessary to submit an application to the notary office at the place of residence of the deceased to accept the inheritance. And within the framework of the inheritance case, obtain certificates of the right to inherit the property of the deceased.

we are 3 sisters. one of the sisters registered her child's parents in the apartment (since she is registered there herself) will he (the child) have at least some share in the inheritance of this apartment?
The heirs under the law of the first stage are the children, parents and spouses of the deceased, regardless of where they are registered (registered) and what property they own.

The privatized apartment is divided into 4 shares (husband, wife, 2-daughters), one of the owners (father) of the apartment died, who has the ownership right to his share? (The husband's parents are alive).
The heirs under the law of the first stage are the children, parents and spouses of the deceased in equal shares, regardless of where they are registered (registered) and what property they own.

Hello! After the death of Grandfather (13 years ago), the privatized one-room apartment was divided into 1/3-Grandmother, 1/3-Aunt, 1/3-Mom. Uncle (the grandmother's own son, not the grandfather's own son) then did not participate in the inheritance. After the death of Grandfather, Aunt took Grandmother to her place and for 13 years Grandmother lived with her. Uncle (Grandmother's son) did not communicate with her, did not care, was not interested, did not see each other, did not maintain relations. 8 months have passed since the death of Grandmother. A will was drawn up for 1/3 of the share of the apartment (owned by Grandmother) in favor of Aunt. Uncle was at Grandma's funeral. My uncle, within 6 months after the opening of the inheritance, did not submit an application for inheritance to a notary. When issuing a certificate of inheritance from a notary, due to the fact that Uncle is a disabled (pensioner) son of the testator, the notary demanded that Uncle issue a written waiver of inheritance or restore it to the right of the heir through the court. Aunt suggested to Uncle to decide voluntarily - to issue a written refusal under a written guarantee of payment of 1/6 of the apartment share. Uncle refused a voluntary decision, insulted Aunt and decided to restore his rights through the courts. What is the probability of restoring the right to Uncle's inheritance if the term for accepting the inheritance has expired and there are no valid reasons? What actions should be taken in response to the fact that Uncle and Grandmother (son with his mother) did not communicate in the last years of his life (13 years), was not interested, did not see, did not care, did not maintain relations?
Legally heirs are determined by virtue of kinship in acc. with Art. 1142-1148 of the Civil Code of the Russian Federation, regardless of where the heir lives and what property he has. If the testator did not deprive the specified heir of the inheritance by his will, then he inherits on a general basis.

My father died. My mother died 24 years ago. My parents had a 4-room apartment and a summer cottage. The apartment is not privatized and the summer cottage too. My sister believes that everything belongs to her. Can I challenge her opinion in court?
Heirs by law are called to inherit in the order of priority provided for in Articles 1142 - 1145 and 1148 of the Civil Code of the Russian Federation. The heirs of each successive queue inherit, if there are no heirs of the preceding queues.

Hello, please advise on the next question. The inheritor died in 2005. Heirs: 2 minor children, mother and father of the testator. Inheritance: car and share (1/3) in an apartment in the Moscow region. The inheritance is registered only for the car. How to arrange an inheritance for a share in an apartment after 6 years. Parents and 1 minor child of the testator are registered in the apartment at the time of sweeping to this day.
All those who have accepted the inheritance must contact the notary office in which the inheritance case has already been opened, and write additional applications for the inclusion of new property in the hereditary mass.

I am the owner of an apartment that my parents gave me under a gift agreement. My wife and I are now registered in the apartment. We have no children. Parents live and are registered in the house, which is also in my property, but which is subject to a mortgage restriction by virtue of the law. To whom will the ownership of the apartment and the house be transferred if I die?
The heirs under the law of the first stage are the children, parents and spouses of the deceased in equal shares, regardless of where they are registered (registered) and what property they own. However, this order can be changed by a will.

In January, her husband died. They were not divorced, they were registered and lived together. There were no family problems. Problems with his relatives - his sister and her husband. I would like to know who is the direct heir to the grave or burial? Is there a procedure for inheriting a grave and burial? Do they have the right to keep their wife and son out of the cemetery? The question is absurd in its formulation, purely humanly, but I see no other way out. Help if you can!
The heirs under the law of the first stage are the children, parents and spouses of the deceased in equal shares, regardless of where they are registered (registered) and what property they own.Accordingly, if the grave is registered in the ownership of the deceased, then the heirs will inherit it by law (if there is no will).


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