How Not To Accept An Inheritance

Table of contents:

How Not To Accept An Inheritance
How Not To Accept An Inheritance

Video: How Not To Accept An Inheritance

Video: How Not To Accept An Inheritance
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It is a mistake to think that acceptance of the inheritance is the direct responsibility of the heir. According to Russian civil and family law, this is not an obligation, but a right. And it is not at all necessary to use such an opportunity.

How not to accept an inheritance
How not to accept an inheritance

Instructions

Step 1

Article 1157 part 1 of the current Civil Code says that the heir can refuse the inheritance either in favor of another heir, if there is one, or abstractly, without specifying a specific person. Part 2 of Art. 1157 sets the deadline for the abdication of the inheritance - six months. During it, you can express your unwillingness to become the recipient of the inheritance, even if you have already accepted it earlier. If more than six months have passed since the acceptance of the inheritance, you have the right to submit an appropriate application to the court containing a good reason for missing the deadline and rejecting inherited things. Before declining a proposed inheritance, think twice: the disclaimer is irreversible and cannot be changed.

Step 2

An exception is an escheated inheritance - you cannot refuse to accept an escheated property. This is an inheritance without the presence of heirs, either by will or by law. The second option for the transfer of inherited property to escheat is the removal of all heirs from receiving or their refusal in favor of unspecified persons. It is acquired automatically and the law does not require your consent.

Step 3

If the heir is a minor, or an incapacitated or partially capable person, the rejection of the inheritance must be accompanied by the written consent of the local guardianship and guardianship authority and the parents, if any.

Step 4

You can give up the inheritance in favor of a specific person who is also one of the heirs by will or by law. You can only give up the inheritance as a whole, but not part of it. There are several ways to give up inheritance. Option one - you submit an application for renunciation of the inheritance to a notary directly at the place of opening of the inheritance. Second, a written request is submitted to the official who is responsible for issuing certificates of ownership.

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