If there is no will, certified by a notary, then after the death of the husband, the question arises - does his wife have inheritance rights? Only a lawyer can understand all the nuances of a particular situation and give an accurate answer to the question. But you can figure it out on your own, knowing the basics of the law of this plan.
His widow (wife) can enter into the inheritance rights of the property of the deceased husband either by his will or by law. This aspect is regulated by the Civil Code of our state. Such cases are considered within the framework of chapters 61, 62 and 63 of the Civil Code of the Russian Federation.
Inheritance of property after the death of the husband by the wife by will
The presence of a will greatly facilitates the entry of a wife into an inheritance after the death of a spouse and completely excludes property disputes among the next of kin. In rare cases, the will is challenged, and more often than not, the court makes a decision in favor of the legal spouse.
If there is a will in which the wife is included in the list of beneficiaries after the death of a man, then the order of inheritance is as follows:
- an appeal to the notary who drew up and certified the document,
- collection and provision of a package of necessary documents,
- obtaining a certificate for the right of inheritance,
It is necessary to take the listed steps within 6 months from the date of the death of the spouse - this is a very important condition for obtaining what rightfully belongs to the widow.
How to get the inheritance of a deceased husband according to the law, if there is no will
If the spouse did not leave a will, then in this case the inheritance is also possible. The wife belongs to the category of close relatives of the first row (turn) who have the right to receive the property of the deceased.
The spouses, in this case the wife, are the first in the list of heirs of the first order. Parents follow if they are incapacitated or retired. Children are third on the list.
As a rule, in the absence of a will, the inheritance is divided in court into shares of a certain size (value). Within the framework of a civil case, all applicants are established, all the property of the deceased is assessed, without exception, the number of shares is determined.
Even if other claimants for the property of the deceased assure that they will agree with any decision, it is better for a woman in such a situation to enlist the support of a professional lawyer (attorney) who must have experience and knowledge in this legal area.