Right to inherit the apartment

The apartment can be inherited by will or by law, if it belonged to the deceased as a property. The inheritance of housing, which was used under the contract of employment, is excluded.

People have the right to inherit the apartment by will, if their names are in this document. In the case where the shares of the heirs are not specified, the living space is distributed equally among them.

Regardless of the content of the will, the right to inheritance is held by minors and disabled children, the spouse, the parents of the deceased and the persons who were under his care (dependency).

To inherit the living space, the said relatives must live at least one year in this apartment.

The right to inheritance can be challenged. Then a relative who appealed to the court on this matter must prove that the will was made by a person who is in an inadequate state (for example, senile senility), under the influence of medications that affect the psyche or by coercion.

Citizens, indicated in the will, the court can deny the right to inherit, if there is evidence of their evasion from the content and proper care of the testator during life.

If the will is not made, you can get the inheritance by law in the order of eight lines.

The first stage: parents, spouse, children. It happens that the son or daughter of the testator dies before the opening of the inheritance or on the same day. Then their share goes to the grandchildren of the deceased, who become the primary heirs.

The second stage is the sisters and brothers of the testator, born from the same or different parents, his grandfather and grandmother. In the event of the death of sisters and brothers before the opening of the inheritance or on the same day, their children (the right of submission) become the heirs of the second stage. Relatives related to the second stage can get the right to inheritance, if there are no heirs of the first stage.

The third line is aunts and uncles. If they have died, cousins and brothers become heirs.

The fourth line is great-grandmothers, great-grandfathers.

The fifth stage is the children of their own nieces and nephews, siblings and brothers of grandfathers and grandmothers.

The sixth line is the grandchildren of nieces and nephews, children of cousins and brothers, cousins aunt and uncles (children of sisters and brothers of grandparents).

Sequence number seven - stepmother, stepfather, stepdaughters, stepchildren.

Eighth turn - disabled citizens who were dependent on the deceased and lived with him in the same area for at least a year. These people claim the inheritance on a par with relatives. If there are none, the dependents become an independent queue and divide the apartment among themselves.

Applicants who are in the same line of inheritance have equal rights.

The inheritance queue can be changed if one of the relatives was disabled during the opening of the inheritance and was dependent on the deceased. Such a citizen claims for an apartment along with a line called for inheritance.

The right to inherit by law is a complex and largely controversial issue. In order to have a chance to inherit an apartment, you should carefully study all legal aspects.