Obtaining an inheritance is what many citizens expect. Only the law of succession raises many questions. Because of the inheritance, close people become enemies to each other and meet in court. Today we will be interested in the first heirs after the death of her husband. Who can claim property in the first place? And how to arrange it for yourself in a particular case? Having figured out all this, each person will be able to avoid unnecessary conflicts in the family, as well as protect themselves in court if necessary.
Ways to receive an inheritance
Who is the first heir after the death of her husband? To give a definite answer will not work. This is due to the fact that all families are different. And inheritance methods too. Depending on these indicators, the answer to the question asked will change.
You can enter into the inheritance:
- according to law;
- by will.
Next, we consider both scenarios and the most common life situations. Only in this way will it be possible to fully clarify the topic.
Probate inheritance is ...
Who is the first heir after the death of her husband? If it comes to receiving property from the deceased by will, problems may arise.
The thing is that the circle of heirs by will is determined by the owner of the property during his lifetime. All recipients of wealth are equal participants in the process.
However, some individuals have an obligatory share in the inheritance. Certain categories of relatives may claim part of the property inherited by other persons.
Required share
The first heir after the death of her husband in Russia is far from always determined without much difficulty. As already mentioned, each scenario should be considered separately.
An obligatory share in the inheritance is received:
- disabled parents of the deceased;
- disabled adults;
- a spouse who cannot support himself;
- minor children;
- other dependents living with the deceased.
These categories of citizens can not be indicated in the will - they should be given the share in the first place. All that remains will be distributed among the persons registered in the testament.
Legal receipt is ...
The second way to acquire an inheritance is by law. In this case, to answer who the first heirs will be after the death of her husband is simpler. Only in reality the distribution of property causes a lot of problems. This is exactly the situation in which even the closest ones can become the worst enemies.
If the inheritance is transferred to the heirs by law, only relatives are the recipients of material wealth. The closer they are to the deceased, the greater the chance of inheritance.
Order tree
The first heirs after the death of her husband are determined by succession. As we have said, the closer the potential heir, the higher his chances of entering into the inheritance.
Above you can see how the sequence of inheritance looks in Russia. She just seems simple. But in reality, everything is more difficult than it seems. And so below we consider the most common life situations.
First row
The first heirs after the death of her husband without a testament are his closest relatives. These include:
- children of any age;
- spouse;
- parents.
At the same time, trustees, guardians and adoptive parents cannot be considered recipients of property by inheritance of the first stage. What can not be said about adoptive parents.
Civil spouses and people who “replaced parents” are not recipients of inheritance in principle.
About Parents
Who is the first heir after the death of a husband / wife? For example, the parents of the deceased. This is the father-in-law / mother-in-law and mother-in-law / father-in-law, respectively.
It does not matter whether the parents are divorced or not, whether they live together or separately. The main thing is the availability of parental rights for potential recipients of material benefits from the deceased.
The first heirs after the death of her husband cannot be the father-in-law, who was once deprived of parental rights. Under such circumstances, the inheritance will initially be shared between the spouse and the children of the deceased.
About spouses
The second category of recipients of property by inheritance under the law is spouses. In our case, the wife of the deceased.
As we have already said, common-law spouses cannot act as legal heirs. Such powers will appear if they are spelled out in the will. And nothing more.
Jointly acquired property at the death of one of the spouses raises many questions. The thing is that such objects on equal terms belong to both husband and wife. Therefore, before the registration of the inheritance and its division will have to first alienate half of the jointly acquired living spouse. The remainder will be distributed to all first stage heirs, including the wife / husband.
About kids
Who is the heir to the first stage after the death of her husband? In Russia, by law, children receive property by inheritance under the law "in the forefront." And no matter how old they are. It's just that minors and disabled descendants have the right to an obligatory share of the inheritance.
If the testator during his life was deprived of parental authority, this event will not affect the inheritance rights of children. In the future, the child will still be able to receive his part of the property from the deceased parent.
Adopted babies have the same rights as the blood children of the testator. Therefore, without a will in families, often disagreement begins - everyone wants to get their own "piece" of inheritance.
Born after death
And what about the children who were born after the death of the testator? Oddly enough, they are also the recipients of the inheritance in the first place.
The main problem here is the establishment of paternity and proof of kinship with the testator. This is not always easy to do, but if you try, everything is possible.
Past marriage and new
The first heirs after the death of a husband or wife raise a lot of questions if citizens did not think about drawing up a will during their lifetime. The thing is that former spouses (even if they are parents of common children) cannot claim the property of the deceased. An exception is jointly acquired property. Children raise much more questions.
According to the law, the order of succession depends on the degree of kinship with the deceased. If a man got married, had children, then got divorced, got married again and “gave birth” to a child, what should I do?
Under the law, the inheritance will be equally distributed to all children. The main condition is kinship confirmed or legally registered. Plus, the current spouse will be able to claim the jointly acquired and personal property of her husband.
Children from a spouse's last marriage
Who is the heir to the first stage after the death of her husband? On the territory of the Russian Federation, couples get divorced and marry again. Sometimes they already have children.
Suppose a man married a woman with a child. If he does not adopt him officially, then only the spouse can act as the heir. Her child from a previous marriage has nothing to do with the property of the deceased stepfather. What can not be said about the children of men from previous relationships. With proven kinship they will always be able to inherit.
About redemption
In fact, everything is simpler than it seems. If you thoroughly understand the legislative aspects of the issue, there will be no difficulties.
All first-order heirs will equally receive an inheritance. But sometimes you can agree.For example, if a wife does not want to share an apartment bought with her dead spouse with her father-in-law. How to proceed?
The legislation of the Russian Federation allows the court to resolve the issue of redemption of shares. The wife pays her father-in-law the cost of their part of the inheritance, after which the husband's parents remain with the money, and the spouse - with the property.
Important: this option is great when the parental share in the inheritance is small.
Denial in favor
The first heirs after the death of the husband are his parents, children and wife. Sometimes it happens that there are many applicants for property, and no one intends to pay shares. How to proceed?
Citizens can abandon their share of the inheritance in favor of the heir of the same queue. For example, grandparents write a waiver of son’s property in favor of grandchildren.
Such a decision should be voluntary and free of charge. It is drawn up before the exercise of the right to inheritance.
Time to receive
The first heirs after the death of her husband without a will will no longer cause any problems. We have defined their circle.
How to get an inheritance? Inheritance rights appear after the death of the testator. As soon as a person dies, his relatives will have six months to decide on the receipt of property by inheritance.
If in 6 months the heirs of the first stage do not inform about their desire to obtain property by inheritance or do not refuse the benefits offered to them, inheritance rights will be transferred to the recipients of the second stage and so on.
When one of the heirs is silent for more than 6 months and does not express his authority for inheritance in any way, it is generally accepted that a citizen renounced his property.
Design Instructions
We found out who the first heirs will be after the death of her husband. And how can you get an inheritance by law?
Instructions for achieving the desired goal are as follows:
- Wait for the death of the testator.
- Prepare a specific package of papers and contact a notary with a statement on the acceptance of property by inheritance.
- Wait six months.
- Appear with a pre-prepared set of documents for a notary public and receive a certificate of acceptance of inheritance from him.
That's all. Now the citizen will be able to re-register the property for themselves. On this, inheritance of property ends.
Documents for inheritance
Who is the first heir after the death of her husband? The answer to this question will no longer confuse a person.
In order to receive an inheritance in accordance with the law, it is necessary to prepare:
- identification;
- statement of acceptance of the inheritance;
- birth / adoption certificate / marriage certificate;
- statements of kinship with the testator (including court orders);
- death certificate of the testator;
- certificates from the place of residence of the deceased;
- refusals of other heirs from property.