Features of the inheritance of certain types of property are not known to everyone. This raises a lot of problems that need to be addressed. And in order to do this correctly, it is necessary to obtain at least basic knowledge on this issue. This is what we will do.
Inheritance Features
Certain types of property are inherited in a special way. For example, this applies to things that are limited in circulation. These include weapons. To get it as an inheritance, you do not need to issue a special permit, but it will be necessary after the thing passes to the heir. If for some reason they refused to give permission, the heir ceases to own the thing.
Features of the inheritance of certain types of property affect production cooperatives, limited liability companies and full partnerships. If a participant in one of these organizations has died, then his share in the authorized capital is inherited along with other property. The heir to the share, if the other participants agree, becomes a member of the organization. If the remaining shareholders are against, then they are required to pay material compensation. That is, the heir to the share has every right to be accepted into the organization.
Features of the inheritance of certain types of property relate to the priority right to inheritance. This right has commercial organizations and individual entrepreneurs.
If the land plot remains in the inheritance, then the heir will not need permission to enter the inheritance rights. If there are several heirs and there is only one plot, then one of the heirs who has the priority right will receive it. If this is not found, then the plot is divided between all the heirs.
In the Civil Code of the Russian Federation, the features of inheritance of certain types of property are also prescribed for cash deposits. So, the testator can draw up a will regarding these deposits in the bank itself. And it can be indicated in the general will, which is executed by a notary.
Only family members of the deceased and disabled dependents can receive a pension, wage or social benefits. If in the first case the heirs must necessarily live together with the testator, then in the second the fact of cohabitation does not play any role. This also includes compensation payments. The main thing you need to know is that from the moment of opening the inheritance, you must show your rights within four months.
If the property did not find heirs, then it passes to the state.
If one of the spouses claims the inheritance together with the other heirs, then its share will always be greater than the rest. This happens because half of all the property of the spouse is due.
As for copyrights, they pass to the heirs for no more than seventy years.
Inheritance of an individual property
In the Civil Code of the Russian Federation these features are due to the fact that in order to obtain certain types of property it is necessary to carry out a different procedure. For example, consider the situation where the heir receives the right to participate in production cooperatives or business partnerships.
As already mentioned above, the inheritance includes the share of the testator in the authorized capital of the cooperative, company or partnership.
The heir has the right to enter into inheritance rights, this is done only with the consent of the remaining shareholders. If they do not want to see the heir in their ranks, they are obliged to pay him material compensation. It should not be less than the value of the share.
Property rights regarding inheritance
Property is called not just material things; in inheritance this concept is interpreted more broadly. It also includes debt obligations, as well as other rights and obligations. In article 112 of the Civil Code of our country, everything is described in detail. As for debt obligations, this moment is regulated by the 64th article of the same code. But in articles 1152-1153 of the Civil Code it is said that in order to receive an inheritance, you need to contact a notary for help and write an application for a certificate of inheritance. A document can be obtained only after the heir provides all the necessary documents.
Legal features
Briefly about the features of the inheritance of certain types of property, we can say that the heir must constantly use the property and the real relationship that was expressed in action, and not just an agreement or an agreement, must be connected with the testator.
The misuse of a thing is not considered in the right to inheritance. This includes the use of a thing with a known negative attitude to this testator or the ignorance of the latter about the fact of use.
The preemptive right in this matter will be for those persons who did not participate in the general dispute over this very thing. Heirs living in the same territory with the deceased are not vested with preemptive rights.
Difficult cases
Dependents can claim the inheritance no matter where they lived. In this case, as well as family members, they must claim their inheritance rights within four months from the moment the latter was opened.
If the testator lived alone and the dependents were absent, then all amounts are included in the total mass of the inheritance and distributed among the heirs in a general manner.
Safe inheritance transfer
Features of the inheritance of objects, certain types of property are needed so that no disputes arise. It often happens that during the inheritance there are people proving the insanity of the testator. They resort to the testimonies of neighbors, acquaintances and other tricks in order to challenge the will.
To avoid such problems, the most reasonable thing that can be done is to single out the shares of each heir and formally register them during his lifetime.
Division of property between heirs
Briefly about the features of inheritance of certain types of property, we can say that most often the inheritance is in shared ownership between all the heirs. In order to avoid disputes, laws have been adopted in this regard. There are several articles in the Civil Code (117-121) that govern joint shared ownership. The first thing that defines legislation is the division of inheritance only in the absence of conflict.
If the heirs agree with the inheritance, then they sign an agreement on the division of the latter. If the conflict takes place, then it is resolved only in court. The property is divided so that it corresponds to the share of the inheritance.
Inheritance or gift
Requirements for the inheritance of certain types of property, their features sometimes make you think about the appropriateness of such a step. Therefore, many people see the intravital donation procedure as an alternative to wills. Donation is the transfer of rights, property or obligations absolutely free of charge. This process is regulated by article 572 of the Civil Code of our country.
Unlike a will, not only the donor, but also the donee is involved in the contract.
You can give real estate, movable property, any rights in relation to third parties or the donor, there is also the release of the donee from any obligations.
Inheritance
Unlike donation, in order to receive an inheritance, you need to contact a notary. Moreover, the notary must be the one who executed the will.
Features of the inheritance of certain types of property are that first you have to write a statement of consent or refusal of the inheritance. If a person decided to accept the inheritance, then he must collect the documents that will be needed to open the inheritance business.
If the notary deems it necessary, he may ask for additional papers. When all the documents have been handed over, the notary starts checking.
Land inheritance
The determination of the characteristics of the inheritance of certain types of property most often occurs precisely in the process of entry into the inheritance.
If the deceased has not recorded his last will, then the site or other property will be transferred in order. There are seven succession lines, and they are divided according to the degree of kinship. First-degree heirs are considered close relatives - parents, spouse, children. So they will get the site in the first place. If such relatives are absent, then people who are in the second stage enter the inheritance.
Movable property
An example of such property is a car. In order to receive it, the heir will need to provide a notary with a death certificate, a certificate stating the last place of residence, a technical passport, a will or a certificate of kinship.
If the notary does not have enough data, then he has the right to require additional documentation. When a person inherits a car, he acquires not only the rights to it, but also the duties. Any burden, be it fines, taxes or insurance obligations, the heir receives with the machine.
What could be an inheritance
Features of the inheritance of certain types of property are legal nuances that must be observed by the heirs in order to enter into their rights. The inheritance procedure is not simple, and it is not easy for a person far from the law to understand. It is much easier to transfer this case to a lawyer or notary specializing in inheritance law.
The testator may transfer his belongings, real estate, rights and obligations to his heirs. The list is huge, and it includes personal items, loan debts, furniture, land, money and other items.
Features of inheritance
The concept and features of the inheritance of certain types of property are inextricably linked. Once again we give an example of a share in production cooperatives, joint-stock companies and partnerships.
If the deceased had part of the capital in one of these enterprises, then the heirs are entitled to this share.
But in the charters of some enterprises, the moment of disagreement with the rest of the organization’s shareholders is clearly stated. If they are against the entry of the heir into his rights, they are obliged to pay compensation no less than the share is worth. If for some reason they refuse to pay compensation, then the heir has the right to demand property for the same amount.
It is also important that if the heir takes over the rights, then he becomes a full shareholder with all the ensuing obligations.
Consumer cooperative
The heir has the full right to receive a share of the housing or country cooperative, in which the testator was a member. This feature of the inheritance of certain types of property under the Civil Code of the Russian Federation is enshrined in article 1177.
Each cooperative has its own charter, which indicates the procedure for joining it for a person. This refers to a person who received a share through a will.
If there are several heirs, then only one share will be received. The rest will be paid their share in money or property at the appropriate cost.
Company
Features of the legal regulation of inheritance of certain types of property apply to enterprises.If the heir is an individual entrepreneur or the will is drawn up for a commercial organization, then these people receive a pre-emptive right in the share of the enterprise or the whole enterprise.
When no one has the pre-emptive right, the heirs use the enterprise together. This applies to cases where it is not possible to share it. The issue is decided voluntarily or through formal agreement.
Pension savings
You can inherit only that part of the pension, which at the time of death was in the state pension fund. In the case of storage of savings in a non-state fund, it is impossible to obtain them.
The testator himself can write a statement about which of the heirs should give the funded part in the pension fund itself. In this case, they will receive the money after they receive a notice of the possibility of this operation.
If the testator did not write the application, then the heirs themselves must submit it in order to receive the money.
Limited turnover items
This includes weapons, psychotropic drugs, narcotic, poisonous and potent substances. All these things are controlled by the internal organs of our country, and therefore for the entry into the inheritance will not need any permits.
But it will be needed after the heir enters into his rights. And since it is not always possible to obtain it, then these things are stored under guard.
When the heir received a refusal to issue a permit, the thing can be realized without his participation. But he will receive monetary compensation.
House
Often the testator leaves the house or a share in it as an inheritance. Some heirs have a pre-emptive right, the inheritance features of certain types of property with which are inextricably linked:
- Those people who at the time of death lived with the testator. This also includes persons who own part of this house.
- People who live in a house but do not have a share in it. This applies to cases where they have no other place of residence.
Together with the house is divided and the land on which it is located. That is, the heirs also receive a share of the plot.
If the deceased had a spouse, then when distributing the inheritance, half of the house is not touched, since it is the marital part and is not subject to inheritance.
It is interesting that the features of inheritance of certain types of property in Belarus practically do not differ in this matter.
As for apartments, the rules of inheritance remain the same. It is important to understand that non-privatized housing cannot be an inheritance. For such an apartment to be included in the inheritance, the heirs themselves need to go to court and carry out the privatization procedure.
When the house or apartment has been received, it is necessary to register in Rosreestr. Only after this procedure will the living space become the property of the heir.
Cash deposits
In addition to the fact that heirs can receive cash deposits by testament and by law, they can also be issued based on the application of the testator. Such a statement is kept in the bank, and is written in the presence of the employee.
It is important that banks do not notify about the availability of money in the account in the event of the death of the owner. If for a long time none of the heirs appears, they simply depart to the state.
You can withdraw funds even before the closing date. But this amount cannot be more than forty thousand and is given only for a funeral.
Features of inheritance by foreigners of certain types of property
Foreign citizens also have their own inheritance procedures. If the property of the testator is registered in our country, then this issue is considered under our laws.
The same applies to the property of a foreigner in our country. Whatever it may be, a person can bequeath, sell or give it.
A foreign citizen does not need Russian citizenship to enter into an inheritance by law or testament.The peculiarities of the inheritance of certain types of property by foreigners include the fact that they do not have a preemptive right, which means they are in the same position as other relatives of the deceased.
If a foreign heir lives abroad, then the inheritance procedure is overgrown with certain difficulties. According to our laws, a case of inheritance is considered by a notary's office within six months. If the heir did not manage to show his rights during this time, then the case will be restored and considered in court. This applies only to cases where the reason for the violation of the deadlines is valid. A person will have to present evidence to the court that he did not know about the death of the testator, was absent or the fact of death was hidden from him.
A foreigner can not only claim his rights, but also live on the living space of the deceased, maintain his property in proper form, pay utility bills, insurance and so on.
In order to declare your rights, you need to contact a notary with the following documents:
- Death certificate.
- The certificate in which the last place of residence is indicated.
- A document on the ownership of a property.
A foreigner can prove his rights through a will or a paper that confirms kinship.
If a foreigner cannot contact a notary public himself, then an authorized person can deal with it. This is spelled out in article 1153 of the Civil Code of our country. There you can find answers to many controversial questions.
We hope that now you have no questions left and you are ready for any situation.