The inheritance of property after the death of a relative is a procedure clearly spelled out in the legislation. Such certainty in its algorithm is necessary in order to resolve all possible situations in the inheritance process.
Understanding the inheritance queue
The current Russian legislation provides for two main ways of distributing inheritance between the relatives of the deceased - by law and by will. However, if the will, drawn up by a citizen during his lifetime, is absent, there is only one option for the distribution of his property - according to the law.
Article 1141 of the Civil Code of the Russian Federation, registered in the code of laws of our country under number 146-ФЗ dated November 26, 2001, establishes that the division of property between relatives in such a situation is carried out depending on which line of inheritance each individual person belongs to. At the same time, a total of eight lines of inheritance are allocated in the current legislation. Only representatives of one queue can claim the inheritance at a time. So, for example, if among the applicants there are heirs of the first stage, then the representatives of the remaining stages did not receive the property of the deceased.
Inheritance by grandchildren
Thus, the heirs of the first stage, in accordance with the provisions of Article 1142 of the Civil Code of the Russian Federation, are children, parents and the wife or husband of a deceased citizen. However, in certain situations, the distribution of inheritance can be carried out in such a way that the grandchildren will receive it first.
In the law, this situation is called inheritance by right of representation. It arises in the case when one or several heirs of the first order died simultaneously with the testator or within six months after his death, that is, during the period while the inheritance is not yet considered open. In this case, a simultaneous death in the current legislation is a death that occurred on the same day.
In this case, the right to receive the property of the testator is given to the descendants of the heir who died during the specified period. For example, if the son or daughter of the testator turned out to be such an heir, then his or her children, that is, the grandchildren of the deceased citizen, acquire the opportunity to receive his property by right of representation. At the same time, the entire amount of property that his son or daughter should have received is divided equally between his or her children.
At the same time, however, if such a son or daughter for one reason or another was deprived of the right to inherit, his or her children will also not receive such a right in the event of his death. For example, the deprivation of the right to inherit may be due to the fact that the son or daughter of the deceased was recognized as unworthy heirs or deprived of the inheritance by the testator himself.
