The estate includes, among other things, the funds not received by the testator, to which he had the right as a means of subsistence. These include salaries, pensions, scholarships, social security benefits, compensation for harm to life or health, alimony, etc.
Such amounts may be inherited by members of his family who lived with the testator and, regardless of their conscience, his disabled dependents. The law establishes a shortened period for filing an application for the entry into inheritance rights with the indicated amounts - three months from the date of opening the inheritance. If there are no dependents of the testator and family members living with him among the heirs, the amounts not paid to the testator are included in the inheritance and inherited on a general basis.
Accrued amounts of retirement pension not received in the month in which the pensioner died are not included in the inheritance and are paid to the disabled members of his family living with him, that is, to those for whom he was the breadwinner. At the same time, you need to apply for the payment of the unreceived pension within six months from the date of the pensioner's death. If several members of the deceased's family can receive a pension, the amount of the labor pension is divided equally between them.
For payments of pension savings, heirs must apply with a corresponding application to the territorial body of the Pension Fund of the Russian Federation at the place of death of the testator within six months from the date of death. This term can be restored by the court. If the deceased has no heirs, then the pension savings are transferred to the reserve of the Pension Fund of the Russian Federation. A similar procedure applies if the testator made contributions to a non-state pension fund.
The right to compensation for harm caused to the life or health of the victim is not part of the inheritance, therefore, the heirs can receive these amounts only through the court. It is possible to receive by a court decision only the amounts actually accrued to the victim as compensation for harm, but not paid to him during his lifetime.
At the same time, payments of amounts in compensation for harm caused to the health of the testator are not paid to the heirs.
