A wife who has survived the death of her lawful husband has full right to inherit after her spouse, both in accordance with the will and in the first order in accordance with the law. In resolving issues of inheritance, the marriage contract, if any, also plays an important role.
What property is included in the inheritance
The hereditary mass includes both the property acquired together during the years of marriage and the individual property of the spouse. His personal property includes:
- all his property that he had before marriage;
- gifts given to him during marriage;
- personal items, except for expensive jewelry and luxury items;
- everything acquired with money accumulated before marriage;
- results of intellectual activity.
All of the above, after the death of the husband, is wholly and completely inherited by the wife.
Jointly acquired property
If personal property is inherited entirely by the wife, then the jointly acquired property will be transferred to the wife only by 50%. The remaining 50% will be distributed among the other heirs.
The jointly acquired property includes:
- property acquired in marriage;
- labor income;
- payments for intellectual work;
- pensions, benefits, benefits, fees, compensations, social benefits, etc.
It is important to know that a completely different procedure for determining joint property may be indicated in a marriage contract. And if such an agreement exists and is certified by a notary, it is necessary to determine jointly acquired property in accordance with the letter of the marriage contract.
Inheritance by law
The Civil Code of the Russian Federation provides for 8 lines of inheritance. The heirs of the first stage are: husband or wife, children, parents and grandchildren. All inheritance left after the husband should be divided equally among the heirs of the first stage.
Inheritance by will
During life, each of the spouses has the right to leave a will, according to which the hereditary mass remaining after his death will be distributed. At the same time, the spouse has the right to bequeath all personal property to anyone. And jointly acquired - only within 50%.
That is, of the jointly acquired property, the spouse owns only half, which he can dispose of after his death at his discretion.
When writing a will, it is necessary to take into account some nuances. Thus, minors and disabled heirs, as well as disabled parents, spouses and dependents must have a mandatory share in the inheritance. They have the right to receive at least 50% of the share that would have been due to them in the absence of a will.
Civil marriage
Civil marriage or cohabitation without registration of relations in the registry office does not in any way affect the possibility of inheritance by one of the cohabitants of jointly acquired property. That is, the wife will not be able to claim the inheritance of the jointly acquired.
The exception is disabled dependents who have lived with the deceased for at least 1 year before the date of death. Also, a common-law wife or common-law husband can inherit property by will.
