Usually the common-law wife fails to receive an inheritance after the death of the common-law husband. But, as in any other situation, there are exceptions here too. And it is likely that it is in your situation that it is real to prove the right to inheritance.
How property is distributed
- In order, when the first line of heirs receives everything in equal shares;
- By will.
How queues are prioritized
- Legal children, parents of the deceased and legal wife;
- Native grandmothers, grandfathers, brothers and sisters (relatives and steps);
- Relatives and step-uncles and aunts;
- Great-grandmothers and great-grandfathers;
- Great uncles and grandparents, great uncles and granddaughters;
- First cousins and nieces;
- Stepfather, stepmother (step-parents), stepdaughters, stepsons (step-children);
- Dependents of the deceased who are incapacitated. Dependents include disabled people of I or II groups, pensioners who have reached the age at which an insurance pension is assigned. It doesn't matter if the dependent is retired.
Dependents are individuals who live with someone who has provided regular financial assistance for 12 months or more. And it doesn't matter if the dependent works.
As we can see, there is not a word about the deceased's partner in the distribution of the turn, unless she is a disabled dependent. But, if there are other heirs of the 1st-7th stage, all the property will be divided between them depending on the priority. If the deceased has parents, his property will be divided equally between them. All other heirs will get nothing.
If the cohabitant is in the will
During life, everyone has the right to independently dispose of their own property. A will can include people who are not related at all.
You can make a list of heirs, between which all the property will be divided in equal shares, or determine the share for each heir. For example, Ivan Ivanov Ivanovich - a car, and Ivanova Irina Ivanovna - an apartment. And if the deceased wrote a will on his common-law wife during his lifetime, she has the right to inheritance.
But, there are exceptions. Legal children, natural parents and legal wife are the heirs of the first order. And even if their names were not indicated in the will, according to the law, they will receive their part of the inheritance in the amount of at least 50% of the total estate of the deceased.
