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Grandchildren - heirs of which line? The line of heirs by law. Second Stage Heirs

Obtaining an inheritance - the situation is very ambiguous, as material profit is expected, but it is accompanied by the loss of a close or distant relative. The size of the inheritance received is determined by the degree of kinship and proximity to the testator. In particular, grandchildren are the heirs of which line? Can they be left with nothing if grandmother or grandfather leave life? Where is the guarantee of their rights? And who can challenge their claim to inheritance?grandchildren the heirs of what queue

Expectations and Reality

Alas, only in old TV shows do heroes inherit homes and companies from completely unfamiliar relatives. In such a situation, one can only grieve out of politeness, as there are obvious reasons for joy. But modern realities give a slightly different situation. When a loved one passes away from life, the first thing that thoughts take is the need to take him on the last journey, arrange everything and not hit the dirt in front of other relatives and friends. Therefore, when it is discovered that the deceased has left an inheritance, this news is perceived ambiguously. Is it worth it to worry about? Are any actions necessary in order to accept the inheritance? Should a formal will be drawn up or a sufficient degree of kinship? Just sit out and get your own without unnecessary trouble will not work. And in this case, ignorance of the laws does not exempt from liability. Often, potential heirs are forced to assert their rights through the courts. The situation becomes especially complicated when one person is indicated in the will and there are many close relatives. Moreover, no one knows what to count on! In particular, grandchildren are the heirs of which line? Do they have priority over cousins? Can foster children inherit? In such matters, the turn of the heirs by law is taken into account. For such information, you can refer to the Civil Code of the Russian Federation, which explains the types of inheritance, their features and the circle of applicants for property.succession of heirs by law

In queue!

By law, there are two options for inheritance: by will and by law. The first is simple - there is an official document notarized, which confirms the rights of the people indicated in it to the property received. Potential heirs can only comply with the formalities of the procedure to receive the due. Another thing is inheritance by law, as the situation is adjusted depending on the number of relatives and the degree of their relationship to each other. It is possible to determine the succession of heirs by law through the Civil Code.

What does priority mean in a legal sense? This is the procedure for distributing property in the event that the deceased has not expressed his will in writing with notarization. To avoid disputes between relatives, certain parts of the inheritance are allocated depending on the degree of proximity.first-order heirs after death

Inheritance Categories

There are seven categories of inheritance by law and, accordingly, there is a procedure for accepting inheritance. That is, each line of heirs can apply for property only if the previous line has lost its right or abandoned it. If within a certain queue there are several heirs, then they are entitled to equal shares of inheritance. So, who are the first line heirs? After the death of a loved one, his children, parents and the second half are the main applicants for his property.This takes into account not only blood relatives, but adopted siblings, as well as children born no later than one year from the date of the testator's death. The testator must have a registered marriage relationship with the spouse. There are no conditions for parents; their age, ability to work and their stay in marriage does not matter. In the event that there is an official will where strangers are indicated, the heirs of the first stage may sue their share through the court. After the death of the testator, they automatically claim equal shares of all property. heirs of the second stage

Second shift"

Who are the heirs of the second stage? According to the provisions of the Civil Code, these are grandfathers and grandmothers, as well as sisters and brothers, whether they are relatives of both parents or only one. The key factor is blood communication. Siblings can claim equal shares. Grandparents are the rightful heirs of the second stage, but only on condition that the relationship is legally proven. In other words, one cannot come forward with claims for material wealth if the grandson grew up on the other side of the world, and grandparents long ago abandoned his parents and himself. The “top three” on inheritance rights includes the uncle and aunts of the testator, who receive a proposal in the case when there are no applicants for the 1st and 2nd stages. This group also includes cousins ​​and cousins ​​of the testator’s parents, as well as disabled dependents of the deceased.

Other categories

It seems strange to many that grandparents belong to the third group, but there are no grandchildren in it. The heirs of what will testament these relatives? Indeed, in the general opinion, they become more beloved than children. Maybe their rights are marked in other categories?

So, the four lines of inheritance did not receive a separate article in the Civil Code. These are great-grandfathers and great-grandmothers in the 4th stage of inheritance, children of nephews and sisters / brothers of grandfathers and grandmothers in the 5th stage. The cousins ​​of the 6th turn can get their share of the property. Grandchildren are not marked in these categories, so do they really have no inheritance rights ?!grandchildren are heirs

With nuances

It is not surprising that it is difficult to find information that grandchildren are heirs of the first stage. After all, this statement is very ambiguous. The Civil Code notes that grandchildren may inherit property by right of representation. What does this mean? It’s necessary to understand! So, the heirs of the first stage are the closest relatives, which are divided into higher (parents) and lower (children). If the heir specified in the document has died, then his share passes under the mentioned right of representation to the children or grandchildren, between whom they are divided equally.grandchildren heirs what will testament

Required share

If a person decided to make a will, then he can include those close to him with whom he is not vitally connected. And a notarized will gives the right to a mandatory share, regardless of the consent of other heirs. Accordingly, the testator’s will can worsen the situation of legally incompetent relatives who are directly dependent on it.

According to the law, an obligatory share can be relied upon if it is entered into a will, when an incapable dependent person is in the position, and also when the share of the put property is underestimated. When can a person be called incompetent? When he is retired, has a disability or has not reached the age of majority. Dependents are persons who exist for financial assistance from the deceased. The required share is less than the legal one by about half, but there is even a special formula for calculating the hereditary mass divided by the number of applicants of the first category and again in half.

How to act as grandchildren?

In the context of this topic, grandchildren are most interested. Heirs of which line are they? The first, but with some of the conditions discussed earlier.That is, grandchildren are among those who can claim property before others, but there are a number of situations where grandchildren do not receive any presents. In order to determine these points, you need to know on what basis inheritance rights arise. In fact, grandchildren accept a parental share, which means that the legal status of parents is important. It is logical to assume that the inheritance becomes inaccessible when the testator was deprived of parental rights or the parent himself was recognized as an unworthy heir. The last condition must be justified, which may be immoral and unlawful actions in relation to the testator. So, grandchildren are the heirs of which line? The first, but very conditional. In terms of bloodline, they are much closer than sisters and brothers, but at the same time their rights are substantially curtailed. Alas, in a situation where parents do not have contact with children, the shadow of such relationships lies with grandchildren, who a priori are deprived not only of their grandparents, but also of their material support.


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