Hereditary Disputes

Your lawyer: legal advice, hereditary disputes.

In the course of the series of articles on the profession of a lawyer, I want to continue to talk about the lawyers' code about the practical experience of lawyers and lawyers of the "Titul" Bar Association. So I wanted, keeping confidentiality, to describe some of the most pressing issues with which clients came. During the description of the controversial situation, I will try a little, and get into the current legislation.

Hereditary disputes.

One of the lawyers of the college asked for legal advice from the mother of the daughter and son-in-law who died in a car accident. The fact that the brother and sister of the deceased, began to claim his hereditary share in the country house, explaining that they had lived there for a long time, and he helped them with money. But, the deceased had their own children, two brothers, Oleg and Alexei, except for them the daughter of Oksana from the first marriage of her deceased daughter also claimed to inherit.

Now, to answer the question, who and in what proportion will inherit the property of the deceased, first of all it is necessary to understand what is included in the inheritance. The inheritance of the deceased included: a house in the suburbs, which the son-in-law inherited a year ago; Three-room apartment in Moscow, belonging to the deceased, where they moved to their permanent place of residence, both their own children and their daughter from the first marriage of the deceased: two cars, a garage box, family jewelry and, naturally, the entire home environment, as well as a bank deposit, bequeathed to Oleg . This was all to be divided.

If the daughter and the son-in-law were killed in one day, and to be more precise one calendar day, they do not inherit anything after each other. But, if a little distraction, then many questions can arise if one person died at 23.40min. (Which is confirmed by a medical certificate), and the second person died at 00:00. In 40 minutes, (also confirmed by documents), then in this situation, a right of succession may arise, and the consequences of dividing the inheritance will be quite different. And this issue will be decided by the court.

Now we will continue, since The deceased spouses did not have a marriage contract, Art. 33 The Criminal Code of the Russian Federation provides for such a concept as a legal regime for spouses' property and in accordance with Article 34 of the Criminal Code of the Russian Federation, only jointly acquired property for the time of marriage is considered their common property. Let's start with the bank deposit and jewelry. Contribution, t. Has a testamentary order, moves to Oleg. Jewels are recognized as the common property of the spouses, regardless of whom they were acquired for. I would like to draw your attention to one significant nuance, the share in the inheritance is calculated in ideal terms (in the mass of the total value of the property), this is done in order not to complicate the already complicated calculations. And, if the heirs can not agree, then the decision on real, cash shares is taken by the court.

So, let's get started. The personal property of the deceased daughter is a three-room apartment. The heirs of the first stage are the mother, the children Oleg and Alexei, as well as the daughter from the first marriage of Oksana. All four will receive ¼ of the cost of the apartment, and all the children registered before the tragedy have the full right to reside in it, just the household items are transferred to them.

We will determine what is expected of the three children and the mother of the deceased in the general mass of the inheritance. The common property includes: two cars, a garage box and family jewelry. The children and mother of the deceased in equal shares are transferred half of the cost of all of the above; To ¼ of the deceased's share.

Now, let's go to the heirs of the son-in-law. He owned a cottage in the suburbs (received by inheritance). Only Oleg and Alexey can claim it, who can get ½ of the value of the house. Further, the son-in-law owns 50% of the value of the common acquired property, which is also divided between Oleg and Alexei in equal shares.

Let's sum up the calculations: the apartment with the situation is divided equally between the mother and the children of the deceased (Oleg, Alexey and Oksana); The country house will be shared by Oleg and Alexey; And the common property is distributed as follows - mothers - 1/8 part, Oksana - 1/8 part, Oleg - 3/8 parts and Alexey - also 3/8 of the total property. I probably tired you of calculations, but this is life. As for the brother and sister of the deceased, their requests have no legal basis.

The "Titul" Bar Association and its lawyers are always glad to come to your aid.