Inheritance in Russia is a rather complicated topic. In the event that a will is not made, confusion occurs due to the succession lines and the share of each heir.
Most questions arise when one of the parents dies or they get divorced, and then enter into a new marriage. Not only a stepmother (stepfather) may appear, but also children of the second half from their first marriage.
Family
For a complete understanding of the inheritance process, it is necessary to consider the classic version, when the family is in full force.
If there is one child in the family, then if the father died, the inheritance passes in equal shares to the mother and child. They are the primary heirs.
Since the family is the most ordinary, it makes no sense to turn to lawyers, it is only necessary to enter into the rights and use the property within 180 days.
Second marriage
The situation when the parents divorce and the father marries another woman is pretty straightforward. The stepmother is the direct heir of the father in this case, since the marriage is officially registered.
Since the father divorced the mother of the child, the woman will not be the heir at all, as provided by law. Thus, the child receives the inheritance after the death of the father along with his stepmother.
The heirs
In the event that the stepmother has her own children, and the father did not adopt them, then they become heirs of the seventh stage, according to Article 1145 of the Civil Code of the Russian Federation. The bottom line is that the first heirs are always native children (or adopted), spouses and parents.
Since the parents of the child are divorced, but the father has registered a relationship with the woman, she will also be the heir at the same level with the husband's own child. That is, despite the fact that the father married a second time, the stepmother will receive the inheritance in equal shares with the first child of the man. The first wife will not have any right to inherit.
Unborn baby
It is also necessary to consider the situation when the father died, but at the same time his wife remained pregnant. In fact, the child already almost exists, and the law also protects his interests in Article 1166 of the Civil Code. Therefore, the division of the inheritance will occur only when it is born. This child will be equal in inheritance with the first child, and the inheritance itself will need to be divided into three shares - 1/3 each heir to the first stage.
Visit to a notary
After the death of the father, the heirs must enter into inheritance rights. If this is a diverse property - real estate, car, bank account, etc., you need to collect all the documents, take a death certificate and go to the notary public. It is also necessary to have documents on hand that confirm that between the deceased and the heir existed family relationship first order (child, wife, parents).
For a child it can be a birth certificate and a passport, for a new wife - a marriage certificate.
No one will send a notice that it is necessary to enter into the inheritance, as some people think, so the heirs must take all steps independently.
Thus, inheritance after the death of the father will not take much time unless there is a dispute between the new wife and the child, or if the stepmother is not pregnant and her own children (if any) are not adopted by the deceased husband.
Notary opens hereditary business and if there are still any documents or there is information that the collected documents do not represent all the property, it is necessary to do searches.
Within 180 days of the law, heirs must enter into inheritance rights. When a woman and a child came to a notary public, they thereby accepted an inheritance, and an open hereditary business can last as long as you like.
In the event that everything is in order with the package of documents, the inheritance after the death of the father becomes the theoretical property of the two heirs, that is, the notary issues a certificate of inheritance within six months from the moment the inheritance was accepted (not immediately).
This period is necessary so that all the heirs of the deceased, if any (children), could also enter into legal rights within the time limits established by law from the day the father died.
How the inheritance is divided
Having agreed among themselves who will own what, the parties draw up the ownership of each of their property. If there is a bank account, it is divided into two equal shares or agreed otherwise. A share of the amount may be given to the other party as a share in the house or apartment, as well as for the right to register the car as a property or use other valuable things.
According to the situation, it is clear that the native child of the deceased man and the new wife lived, possibly on the same living space. What to do in this case, to whom and how to arrange the inheritance of an apartment after the death of his father?
In the same way, by agreement, the parties resolve this issue. A situation may arise that the child got a cottage, and his wife got an apartment.
Most often, there is a serious struggle for square meters, so in this case, if the stepmother evicts the child, you must go to court. A lawsuit is filed with a complaint about the actions of the stepmother, as well as with a request to divide the property according to the law - equally.
Inheritance from the mother of the deceased
Consider the option when a man had a grandmother's inheritance. After the death of his father, property that he received from his mother is included in the estate. Therefore, this inheritance should also be divided between the stepmother and the child of the man.
In the event that the grandmother’s inheritance after the death of his father turned out to be unregistered on the right of ownership, that is, he did not manage to draw up the inheritance, then his child will be the heir by right of representation.
However, it should be noted that the stepmother could also have a child from this man. This means that the inheritance after the death of the grandmother and father (the one that belonged to the grandmother) will pass to the grandchildren. In this case, the stepmother will no longer be related to the property as an heir, but only as the mother of the child who inherits.
Grandchildren in this situation are not the heirs of the second stage, as they will enter by right of representation. Accordingly, if there are still relatives (for example, still children) who claim the grandmother’s property, then they will share the inheritance with her grandchildren after the death of the father (their brother, for example).
Skipping deadlines
In addition to the options considered, there are also situations where the heirs simply do not have time to accept the inheritance, that is, they miss the deadlines.
In the legislation on this subject, there is provision 1155 of the Civil Code of the Russian Federation. An heir who did not know and could not know about the death of a relative can open a hereditary case only through a court, indicating truly valid reasons for missing all terms.
Without going to court, you can enter into an inheritance only if the other heirs are not against this fact.
Moreover, all documents that were previously issued by a notary in relation to the inheritance are canceled, including certificates of ownership.
If we take into account the situation considered, we can say that the grandchildren have time for inheritance. Therefore, it is necessary to repeat the step-by-step algorithm indicated earlier, with the collection of available documents and waiting for the issuance of documents of title.
Minor
The situation when a minor child is in such a situation is not uncommon.In this case, the mother, if she is alive, must make all the necessary transactions with the child, although she is not the heir, since she is the mother and, accordingly, the legal representative.
Documents related to the right of ownership will be executed only in the name of the child.
A legal representative will not be required only if the child is 16 to 18 years old and works under an employment contract or is engaged in entrepreneurship.
In this case, the emancipation by the body of guardianship and trusteeship (recognition of full legal capacity) in accordance with Article 27 of the Civil Code of the Russian Federation must be declared.
