Does The Guardian Have The Right To Inheritance After The Death Of The Guardian

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Does The Guardian Have The Right To Inheritance After The Death Of The Guardian
Does The Guardian Have The Right To Inheritance After The Death Of The Guardian

Video: Does The Guardian Have The Right To Inheritance After The Death Of The Guardian

Video: Notice is Required By Law to be given to the Legal Heirs of the Person that Passed Away 2022, November
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Guardianship over a person is appointed in two cases: if the guardian is a minor or an adult, but is recognized as incompetent. In these cases, the guardian assumes responsibility for the care and maintenance of the person concerned. But the guardian has few rights.

Does the guardian have the right to inheritance after the death of the guardian
Does the guardian have the right to inheritance after the death of the guardian

According to law

The issues of guardianship and guardianship are regulated by the Civil Code of the Russian Federation, Articles 31-40 and the Federal Law on “Guardianship and Guardianship”. The most difficult from a legal and moral point of view is the issue of inheritance by the guardian of property after the death of the guardian. Here it is necessary to distinguish between kinship custody, when, for example, a child after the death of his parents is taken away by close relatives (grandmothers, grandfathers, uncles, aunts). Or they appoint a guardian from close relatives over an adult who has lost his legal capacity. But in practice, there are more cases when a third-party guardian is appointed by the court over an orphan who has no family connection with the ward.

However, the law clearly answers this question: the guardian does not have the right to inheritance and property of the ward, except in cases stipulated in the law. Moreover, the guardian does not have the right to dispose of the property of his ward during his lifetime without the permission of the guardianship authorities. For example, in order to withdraw money from the ward's account for treatment or purchase of necessary goods, the guardian must obtain written permission from the guardianship authorities. A ban on actions with real estate was also imposed. The guardian cannot sell, rent, exchange the real estate (or its share), which is owned by the ward.

There is a possibility

After the death of the ward, the issue of inheritance is considered according to two options: by will or by order of inheritance. A guardian can be included in the inheritance at a time when the guardian was not incapacitated and was of age. A will drawn up after a person has lost legal capacity has no legal effect.

If the guardianship was unrelated, the guardian has no right to inherit. There are seven degrees of kinship in kinship custody. In the absence of a will, the guardian may claim an inheritance under this law. But if the guardian, having no legal rights to inheritance, proves in court that he incurred material expenses for the maintenance of the deceased person, he has a chance to receive these payments. Usually such expenses include the rent for the maintenance of the apartment of the ward. If the deceased was a completely lonely person, after his death, the entire inheritance will go to the state or municipality, and not to the guardian.

But the ward has more chances to become an heir in the event of the death of his benefactor. It is clear that if the guardian did not include his ward in the inheritance, then he will not receive anything. But in other cases, if the ward was dependent and lived with the trustee for one year or more until his death, he can be included in the list of heirs on an equal basis with other relatives in the order of legal priority.

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