Inheritance is one of the most frequently asked questions in legal practice. There are two types of inheritance - by will and by law. In inheritance by law, there is a sequence.
Instructions
Step 1
The heirs of the first stage include the spouse of the deceased and relatives by blood. The spouse of the deceased person belongs to the heirs of the first order in the event that the marriage was officially registered. The fact of a civil marriage is regarded as cohabitation, the cohabitant is not the heir of the first stage. A cohabitant can count on inheritance only if, being an incapacitated person, he was dependent on the deceased person and lived with him for at least a year. In this case, persons who have reached the retirement age are recognized as disabled - for women 55 years, for men - 60, or for health reasons. In both cases, the inheritance rights will have to be proved by presentation of documents - a passport, a pension certificate, a certificate from VTEK. Termination of a dependency one year before the opening of the inheritance deprives the dependent of the right of inheritance.
Step 2
The parents and children of the testator are recognized as heirs of the first order by blood. Parents, in the event that they survived the testator, are recognized as heirs, regardless of whether they are married at the time of the opening of the inheritance. The adoptive parents of the testator also have the rights of priority inheritance. Parents are not considered heirs if they were at one time deprived of parental rights and did not restore them. The same applies to adoptive parents - if they canceled the adoption, then they are not called upon to inherit.
Step 3
Children are called to inherit, regardless of whether they were born in marriage or not, if the relationship was recognized by the testator or proved in court. The adopted children of the testator can also apply for inheritance, subject to a number of conditions reflected in paragraph 3 of Art. 1147 of the Civil Code of the Russian Federation.
Step 4
The heirs of the first stage may be the heirs of the testator of the subsequent stages by the right of presentation. Presentation inheritance means inheritance in place of a deceased heir by law. For example, if at the time of opening an inheritance under the law, a misfortune happens to the inheritor, then his heirs of the first stage already claim his entire share, and not the share that they could claim at the call of their successors.
