How divided the inheritance ?
Question legacy - one of the most urgent, because very often there are disgruntled that "unconscious love" (in quotation marks, and without quotation marks) of the deceased, but the law still did not get.Let's learn how the inheritance is divided, so that if necessary you could stand up for their rights and are not left with nothing.Consider options for the division of the inheritance under the will, and a section of marital property and some special cases.
How divided the inheritance between children
If you are the sole heir, then you are lucky.And what if the heirs of a few, and even a close relative of the will not leave any?Consider how the apartment is divided on inheritance and other property from the point of view of the current legislation.So, this is how the proportion determined by the law of inheritance.There are seven queues heirs, each of which we will consider in more detail.
- 1st inheritance of all.These are children, parents and spouse or the spouse of the testator.Then there are the grandchildren and their descendants in accordance with the law of.
- 2nd inheritance of all enters into force if there is no heirs of the first stage.This brothers and sisters (relatives and summary), the grandparents of the father and / or mother.Then there are the children of brothers and sisters in accordance with the law of.
- 3rd inheritance of all enters into force if there is no heirs of the 1st and 2nd stage.It siblings of parents, ie, aunts and uncles, cousins and sisters Brotherhood in accordance with the right presentation.
- 4th place of inheritance - is the third degree of relationship, that is, great-grandparents of the testator.
- 5th inheritance of all - it is the fourth degree of consanguinity.These children are nephews and nieces (native) of the testator, ie cousins, grandchildren and brothers and sisters and grandparents, that is, cousins and grandparents.
- 6th place of inheritance - the fifth degree of kinship.This includes cousins and great-great-grandchildren, nephews, cousins and uncles and aunts.
- 7th place of inheritance - not relatives, are encouraged in the event that there was not a single heir queues 1-6.That's stepsons, stepdaughter, stepmother and stepfather of the testator.
heirs of each of the following queues to inherit if there is no heir of the preceding categories, which are either absent or do not have the right to inherit, that is excluded from inheritance or lack of inheritance.They also have the full right and refuse the inheritance - in this case the right of succession passes to the heirs of the next turn.
Separation inheritance by will
The will is usually prescribed, what share of the inheritance bequeathed to each of the heirs.If the will share the heirs are not specified, they are considered equal.Sometimes, though, there are some nuances - for example, in the form of conjugal share.If the property was acquired by the testator in the marriage, the spouse has a share of half of the property.
It should also be mentioned here, and another special occasion - an obligatory share in the inheritance.The mandatory share in the inheritance allocated to disabled or minor children of the testator, disabled spouses and parents.In addition, the disabled dependents of the deceased, which are subject to a calling to inheritance can inherit property or money, regardless of what is written in the will - and, they inherit at least half of the share due to each in the case of inheritance by law.This is the obligatory share.
By the way, the right to a compulsory share satisfied even undevised from the remaining part of the property, even if this leads to a reduction in the rights of all other legal heirs to this part of the property.In case of insufficient undevised parts for a mandatory exercise of the right lobe, the latter stands out even from the already bequeathed the property.
How divided the inheritance with
divorce is very common question, since the number of divorces in our country is not reduced year by year.And divorce is often a problem of the division of property.Let's find out how this happens, and if the inheritance is divided in a divorce at all.
It's simple enough.All property acquired by spouses during the term marriage is their joint legal property and divided equally.If the will has been left, the division of property according to the law, that is, in accordance with queues inheritance equally between representatives of the same line (for example, by the spouse, children or parents of the deceased).