How is the inheritance divided between the wife and children?

• How often do people have to deal with tasks that arise from ignorance of the laws and principles of inheritance.
• Sometimes you have to solve these puzzles in court, wasting your time and nerves.
• Section V of the Civil Code of the Russian Federation will help prevent unpleasant consequences and provide assistance in resolving these difficult issues.

Hide content

Division options

The Code provides for 2 ways of accepting an inheritance - by a notarized act of expression of will and by legal order.

Will

According to articles 1118-1140. A notarized act of expression of will is the only way for a capable citizen to dispose of property at his own request .

Only in this way can a citizen bequeath any property in any shares to any person (1119).

Freedom of action when writing a will can only be limited by a legally established right to an obligatory part of the inheritance for certain groups of persons (1149).

There is also the possibility of its revision or cancellation by the testator himself (1130). The testator may draw up one or more wills , both for existing property and for future property (1120).

When the shares of the successors are not fixed on paper, they are considered equal (1122).

Lines of succession (by law)

According to articles 1141-1151. When there is no notarized act of expression of will, then inheritance occurs according to the legal order of the relatives of the deceased.

The Code defines the circle of legal successors, which constitute 8 orders:

1. Father/mother, husband/wife and son/daughter (grandchildren - in accordance with the right of representation).
2. Siblings/brothers, grandparents (nieces/nephews - in accordance with the right of representation).
3. Family aunts/uncles (cousins/brothers - in accordance with the right of representation).
4. Great-grandparents.
5. Children of nieces/nephews, sisters/brothers of grandparents.
6. Cousins/uncles, great-great-grandsons/great-granddaughters, cousins/nieces/nephews.
7. Stepdaughters/stepsons, stepmother and stepfather.
8. Disabled dependents of the testator who are not included in the previous queues.

Let's consider the procedure and conditions for dividing inheritance in different situations.

Preemptive right when dividing inheritance

Often, successors take possession of “indivisible things” - property, the division of which is impossible without destruction (133).

In this case, the Code provides a special rule, which is called the preemptive right (1168-1169):

• If the “thing” was jointly owned by the testator and the participant in the division of property, then he has the advantage of receiving it on account of his share (without taking into account the fact of using the thing).
• If the “thing” did not belong to any of the participants, then the advantage goes to the participant who used it more often.
• The successor who lived with the testator receives an advantage in purchasing household items.

If, in exercising this right, a participant receives more than he was entitled to, then he must compensate for the disproportionality in one of two ways - compensation with other property or the equivalent of money (if there is no other agreement) (1170).

How is the inheritance distributed among first-degree heirs?

How is the inheritance divided among first-degree heirs? Based on the law, the first priority successors are the daughters/sons, legal spouses and parents of the deceased . The division of the inheritance between the heirs of the first priority occurs in equal parts (Part 2 of Article 1141) after the allocation of part of the marital property (1150).

The grandchildren of the deceased participate in the division only if their parents are not alive. In this case, the property part that would have been inherited by the children of the deceased (i.e., the parents of the grandchildren) is transferred to the grandchildren and divided equally between them (1146).

How is the inheritance divided after the death of the husband between the wife and the husband's children?

According to the Code, a legal wife and children are first-rank successors. The wife is allocated an obligatory part of the marital property , and the remaining part of the husband's property will be inherited by the spouse and children equally (Part 2 of Article 1141).

How is the inheritance divided between the children after the death of parents?

After the death of both parents (subject to the absence of other representatives of the 1st order), their children are considered the only first-priority applicants , and they will inherit equal parts.

Between wife and children from first marriage

How is the inheritance divided between the wife and children from the first marriage?

Based on the Code, both the legal wife and children are equal successors of the 1st priority . The Code does not separate children from the last marriage from previous marriages.

It follows from the latter that the property, after the mandatory allocation of the marital part (wife), will be distributed evenly among the above-mentioned participants.

Heirs of the 1st stage will be considered all children from all previous marriages, as well as children conceived before the death of the testator and unborn children.

How is the inheritance divided after the death of the husband between the wife and children and parents? As a general rule, the above categories of citizens are considered priority applicants. Applicants from the same line have the right to equal shares in the inheritance (Part 2 of Article 1141) after the allocation of the spousal part (to the wife).

After the death of the wife between the husband, children and wife's mother

How is the inheritance divided after the death of a wife between the husband, children and wife's mother? The legislation classifies the above persons as priority successors . After the spousal portion (to the husband) is allocated, the inherited property is assigned to them evenly.

With brother

How can I share my inheritance with my brother?

If the parents, as well as other applicants of the 1st priority, are not alive, the only first-priority applicants are the children who will inherit equal shares, in the absence of any other conditions (absence of a notarized act of expression of will, absence of a court decision on deprivation of inheritance rights) (1142 ).

Between heirs of the first and second order

How is the inheritance divided between the first and second priority heirs? The article on the general provisions of inheritance by law states that successors of subsequent orders declare their rights to inherited property if there are no successors of previous orders, or in cases where, by the terms of a court decision or at their own request, they have no claims to the property (1141).

Conclusion : if there are priority successors, 2nd priority applicants will not be able to claim division of property by inheritance.

If among the representatives of the 2nd priority there are disabled people who have been dependent on the testator for at least a year, then their rights to property are equal to the rights of the first-priority applicants (1148).

Agreement

If the inherited property is accepted not by a single successor, but by several, then it is considered their common property (1164). They manage such property in proportion to their shares.

1. However, if even one successor wishes to allocate his share, they turn to the legal norm of division of property under an agreement on the division of inherited property between the heirs.
2. It is concluded between the successors, in accordance with the forms of execution of transactions and agreements of the Civil Code of the Russian Federation (1165) after receiving a document on the successors' right to inheritance (special certificate).
3. During the partition procedure, you need to take into account some features (1166-1168):

• If there is an unborn successor, the agreement can only be drawn up after his birth.
• When incapacitated or minor citizens participate in the division, the division is carried out with the participation of guardianship and trusteeship authorities.
• The priority right of successors and the rule of compensation should be taken into account (unless the other participants in the partition enter into an agreement that they agree to the partition without compensation).

• You can download a sample agreement on the division of inheritance between heirs here.
• Learn more about the agreement in the video:
• https://youtu.be/U8kkPRsgUwE

Arbitrage practice

If it is not possible to agree on the division of property between the heirs, then the parties have the right to file a lawsuit, observing the following rules :

• It is filed at the location of the inherited property.
• You can file a claim within 3 years from the date of opening of the inheritance.
• It is necessary to indicate in it the method of division - in kind (by dividing in equal parts between all applicants), or by transferring all property into the ownership of one successor, and paying compensation to the rest.

At the court hearing, the parties can come to a settlement agreement , which can be concluded at any time before the court decision is made. In it, the parties indicate the essence of the matter and fix the division of the inheritance between the heirs.

Otherwise, the court considers the claim and makes one of the decisions:

• On natural division of property.
• The provision of it into the ownership of one, and determines compensation for the other.
• On the determination of hereditary shares.
• On the sale of property at auction and the division of the cash equivalent.

Minor violations when drawing up a will or gross ignorance of the order of succession add many problems to potential applicants for the property of their relatives.

Disorientation in possible ways to solve these problems brings inheritance cases to trial.

And, if one part of the heirs as a result of this can come to an agreement and retain at least part of the inherited property, then the other part may lose it forever. Therefore, in inheritance matters, it is better to think seven times and then act.

How the inheritance is divided after the death of the husband between the wife and children: order, size

The procedure for dividing the inheritance between children and the wife upon the death of the husband may not look complicated at first glance. However, there are a number of controversial situations that may arise when a husband dies and his wife and children are still alive. For example, the procedure for dividing such inheritance between children from previous marriages and existing ones, when dividing property between adopted and natural children, etc.

1. How the inheritance is divided between the wife and children - basic principles 2. The size of the inheritance from the husband and jointly acquired property 3. The order of inheritance of the property of the deceased husband

The division of inheritance is strictly regulated by the provisions of Russian legislation. In particular, the civil code provides for the presence of several lines of inheritance, as well as the possibility of drawing up a will. If such a document has been drawn up, notarized and not contested in court, then the inheritance is distributed among all heirs exclusively in accordance with the will, regardless of the degree of relationship and the procedure provided for by law.

But even in this case, there are a number of nuances when dividing the husband’s inheritance between children and wife. In particular, the nuance associated with the division of joint property of spouses is very important. The presence of such property can significantly complicate the process of dividing property between the wife and children upon the death of the husband.

In most cases, common property acquired through joint efforts is distributed equally between spouses, but there are a number of nuances in which its size is also subject to change.

The need to divide jointly acquired property is connected with the fact that the death of one of the spouses is a sufficient and obligatory circumstance for the termination of a marriage, which necessarily leads, in turn, to the division of common property.

note

Even if there is a will, there are exceptions in which property will not be distributed solely in the manner prescribed by the contents of such document.

In particular, if the husband had disabled persons as dependents, and also had minor children, regardless of the contents of the will, they would be entitled to half the share of the share that would have been provided for them when dividing the inheritance in accordance with the procedure prescribed by law.

Amount of inheritance from husband and jointly acquired property

It should be remembered that the division of the property of a deceased husband with his surviving spouse is mandatory. Art. 39 of the RF IC regulates that the division of property is carried out in equal shares with the exception of some individual situations, which include:

• A court decision on the redistribution of shares in joint property, if this should ensure the protection of the interests of children or other persons;
• Restrictions established by a valid marriage contract that does not contradict the law.

Moreover, regardless of whether the deceased husband had children and other claimants to the inheritance, his current wife may demand that half of all jointly acquired property be provided to her for use and ownership.

The other half of the property acquired during the married life is distributed among all the husband's first-degree heirs in the manner prescribed by law or in accordance with the provisions of the will.

In this case, the obligatory share is calculated based on such inheritance and does not include in the calculation the property received by the wife during the division of joint property.

It is important to remember that in the will the husband has the right to dispose of only half of the joint property - the other half will always, regardless of the will of the spouse, be transferred to his wife.

note

The husband’s property that he had before marriage, as well as personal property, copyrights and intellectual property, are not subject to division, and the material benefits associated with them are distributed among the heirs in the general manner.

The order of inheritance of the deceased husband's property

If the husband did not leave a notarized will at the time of his death, and also if such a will was declared invalid by the court, his legal heirs may inherit within six months in order of priority. In this case, those in first line inherit all the property, leaving no rights to inheritance for representatives of subsequent lines. According to Russian legislation, the priority heirs in the event of the death of a husband in the family include:

• His wife;
• Children;
• Parents.

In this case, the entire inheritance is divided among the first-line heirs in equal shares according to their number.

Legal conflicts and certain nuances of distribution of inheritance may arise when the husband has stepchildren, as well as adopted heirs and the wife’s children from previous marriages. Adopted heirs who have this status by court decision and in compliance with the adoption procedure are considered heirs of the first priority in the same way as natural children.

In the same way, all natural children, including those from the husband’s previous marriages, have the right to receive an inheritance, except in cases where an adoption procedure has been carried out regarding them. The wife's children from previous marriages, if they were not adopted by the husband, do not have the right to receive the inheritance in the first place - they belong to the penultimate line of inheritance.

So we can consider a hypothetical situation:

Citizen N. at the time of his death had the following family composition: his wife, his wife’s minor son from a previous marriage, who was adopted by citizen N, the father of citizen N, as well as the wife’s adult daughter and a minor son born in a marriage between citizen N and his wife. In such a situation, in the absence of a will, the inheritance will be equally divided between:

• Father of citizen N;
• The wife of citizen N;
• A son born in the marriage of citizen N and his wife;
• The adopted son of the wife of citizen N from a previous marriage.

In this case, the adult daughter cannot claim the inheritance.

Please note that in the event of the death of a spouse, the unborn child conceived by the husband before his death also acts as a full heir of the first priority.

( 257 votes, 4.53 out of 5) Loading...

How is the inheritance divided between the wife and children from the first marriage?

• The provisions of the Civil Code establish that the priority right of inheritance is given to close relatives of the testator: children and parents.
• The law establishes that inheritance by law is the process of inheritance itself, the conditions and procedure of which are clearly defined by law and are not canceled by the will of the testator.
• The inheritance procedure provided for by law is applied only in the case where the testator left property after his death, the transfer of which to the heirs is impossible under the will.
• Similar situations may arise if:

• The testator did not make a will or the will he left turned out to be invalid;
• The left will relates only to a share of the property, or part of the will is declared invalid. In this case, the undivided inheritance will be inherited according to the requirements of the law.
• The heir mentioned in the will died before the announcement of the inheritance or refused to accept the inheritance.

Content

• Inheritance rights of spouses
• Children's inheritance rights

Half of all property acquired during marriage belongs to you, regardless of whose name it was acquired in.

The second half of the property acquired during marriage and everything that belonged to your spouse before marriage is divided between you, his children and his parents in equal shares.

Also, minors or disabled citizens can claim a compulsory share in the inheritance if they can prove that they were supported by him for at least a year before his death. Do not forget that not only the property of the deceased is inherited, but also his debts.

When one of the spouses dies, first the marital share of the remaining husband/wife is separated from the common joint property, and the share of the deceased is divided among all his heirs, which also includes the widower/widow.

One of the spouses owns one half of the property acquired jointly during the marriage, and he has the legal right to claim the second half of the inheritance. To enter into an inheritance, it is necessary to write a corresponding application at the notary's office after 6 months from the death of the spouse.

What is common joint property:

• spousal income, including benefits;
• financial investments;
• pension payments;
• contributions without a target orientation;
• property acquired during marriage.

At the same time, there is no difference in whose name the property was registered; it also does not matter who contributed the money when purchasing the property.

The right of inheritance is confirmed by a notary by issuing a certificate directly at the place of opening of the inheritance. To obtain it, an application is submitted in writing, documentation for the property is collected and a state fee is paid.

A notary can provide assistance in the correct preparation of documents. The fee in favor of the state is paid by all other heirs.

1. A certificate confirming ownership of a share cannot be issued if an apartment or other property was privatized earlier, in the case where privatization was registered in the name of one of the spouses, while the other voluntarily refused it.
2. When citizens live together without formally registering the marriage, if it comes to registering an inheritance, it is considered that the apartment belonged to common property.
3. If spouses pass away on the same day, the mutual right of inheritance is not considered; the right to inheritance can be opened only in a separate manner after each.
4. Children also belong to the first line of inheritance, and therefore have priority of inheritance after the death of their parents, when other conditions are not provided for in the will.

One of the important conditions is the birth of children exclusively during marriage registration. In the absence of his legal registration, the child may inherit property belonging to the mother.

In order for the right of inheritance from the father to arise paternity must be established officially . It should be noted that with official adoption, children legally lose the right to inherit from their biological parents.

If the testator does not mention children as heirs in the will, it is possible to challenge it, however, here the mandatory allocation of a share should be used as a basis.

If the testator has a state labor pension, its size will directly affect the amount of the survivor's pension established for children under the age of majority and other disabled family members who are supported.

A similar pension can be assigned to adult children studying in higher educational institutions. More detailed information about the procedure is available on the official website of the Pension Fund of the Russian Federation.

How is the inheritance divided between the wife and children from the first marriage?  

Article 34 of the Family Code of the Russian Federation states that when all property is acquired during marriage, the spouse who survives her husband can claim a spousal share - half of the total amount of said property.

Read also:  Is it possible and how to file for divorce without a marriage certificate?

The remaining share of the property can be divided among the heirs specified by law (if there is no will). Paragraph 1 of Article 1147 of the Civil Code of the Russian Federation establishes that in this case both the adoptive parent and the adopted child are assessed by law as blood relatives.

• After the marital share has been allocated, the remainder of the property is distributed equally among all children.
• The provision of Article 1112 of the Civil Code of the Russian Federation stipulates that the inheritance list, in addition to things, property rights and property of the testator, also includes debt obligations left by him at the time of announcement of the inheritance.
• Mandatory share of inheritance
• The list of recipients of the obligatory share consists of:

• persons under the age of majority, disabled, children of the testator (both natural and adopted);
• disabled parents and spouses (if such are disabled people of the first - third groups (degree), or men over the age of 60, women over 55);
• disabled dependents - persons who were supported by the testator for at least one year, or received financial assistance from the latter, which could be equated to the main source of income.

The size of the obligatory share is independent of the terms of the will, and can correspond, in a minimum amount, to half of the share received by the children/spouse/parents in the case of inheritance by law.

The obligatory share can be allocated:

• from the untested amount of property (it does not matter whether this will affect the reduction of the share of the remaining heirs);
• from the bequeathed list of property - if the untested property volume is missing.

1. The court may decide to reduce the obligatory share, or it is not awarded at all when there is no possibility of transferring the inherited property that was not used by the heir by law during the life of the testator, and the heir indicated in the will used it for living purposes, or as a means of generating income.
2. In the process of drawing up and certifying a will, the testator must take into account that his last will must necessarily contain a list of persons with the right to a compulsory share.
3. If the inheritance is recognized as common to the heirs, this may lead to disputes between the latter regarding the optimal and convenient division of the property belonging to the testator for each of them.
4. That is why civil legislation provides for a number of provisions that help resolve this issue.

How is the inheritance divided between the wife and children after the death of the husband?

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: +7 (499) 350-80-69 (Moscow) +7 (812) 309-75-13 (St. Petersburg) It's fast and free!

According to regulatory legal acts, all movable property and real estate that was acquired by spouses during marriage is joint. It can be:

According to the Family Code, all purchases made by spouses during marriage must be divided between them after a divorce.

Since they have equal rights to them, it is also necessary to divide them in half. In most court cases, this is how the case is decided.

Also, if property was given to a husband or wife through a gift or will, then it will not be common, but will belong only to him. Otherwise, the process of how the inheritance is divided between the wife and children after the death of the husband follows the standard pattern.

Subtleties of property division in such situations

The law states that all common property of spouses must be divided equally and the spouse must be left with its legal half. The second half will be divided among other heirs, which include children, parents, etc.

For a simple example, we can take a common situation from life: during a marriage, the spouses purchased real estate, then the husband passed away. In this case, half of this property goes to the wife as its legal co-owner. Then the second will be divided among the applicants.

Upon the death of the husband, the wife's personal property is not subject to division. According to the law, all property that was donated or inherited by a spouse is only his property.

In this case, the apartment cannot be touched, because it is the property of the wife, and the husband has nothing to do with it. But if the husband inherited the apartment, then it would be subject to division among all legal heirs.

Since this is the property of the husband, the wife has no right to demand half from him. But she can receive a part on an equal basis with other legal heirs.

Features of inheriting property after divorce

According to the current State Code of the Russian Federation, only a certain circle of persons have the right to divide the property of the deceased. If the citizen was not married, then all property should be divided between the parents.

But if he was married and divorced, then the children who remained after the marriage (consanguinity) fall into the category of heirs. But this is only provided that the name of the deceased was mentioned on the child’s birth certificate.

But there are also more complicated cases when a citizen is divorced and remarried. How is the inheritance divided between the wife and children in this case? Children from a previous marriage have the same rights as children from the last marriage.

It is also recognized that the primary right to a husband’s property is his legal wife. In this case, the ex-wife loses this status and subsequently does not have even the slightest right to receive an inheritance.

An ex-wife has the right to receive the property of her deceased husband only if a will has been drawn up in advance and certified by a notary.

Features of the division of property when a will is drawn up

The division of property is much simpler if a will has been written in advance and certified by a notary. In this case, the lawyer acts as proof that the citizen was of sound mind and good health, so challenging his decision in court will be very problematic.

The division of the property of the deceased will be carried out according to the document, and it does not matter what status or relationship the heir will have.

But according to the State Code of the Russian Federation, even despite the named heirs, the following categories should receive part of the acquired property:

1. minor children of the deceased,
2. unemployed spouse,
3. persons who have been dependent for at least one year.

If after some time their status changes, they automatically lose their right to part of the inheritance.

When receiving an inheritance, it is necessary to prepare all documents with a notary. In some cases, he may require additional documents for him (for example, a registration certificate for a car).

You will also need to bring a certificate stating that at the time of receiving the property as an inheritance, it is not under arrest and there are no debts on it.

Problematic points

A wife cannot claim her husband’s property, which was inherited or gifted from his parents, relatives or other persons.

This also includes property acquired before marriage. In other cases, there may be controversial issues that will be resolved at a court hearing.

If there are minor children in the family, the court may change the order of division of property in their favor, because the law primarily protects the interests of children. In any case, consult a lawyer, because each case is individual.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: +7 (499) 350-80-69 (Moscow) +7 (812) 309-75-13 (St. Petersburg) It's fast and free!

How is the inheritance divided between the wife and children from the first marriage?

Both the children of the testator and his legal spouse are first-degree heirs. In this case, the fact will be whether he left a will or not. If there is no will, then children and spouses will be the first to rely on the property.

If there are many such primary representatives, then the property will be divided in equal shares. But in this case, certain nuances should be taken into account. For example, it is not always clear how the inheritance is divided between the wife and children from the first marriage.

In this article we will look at how property will be divided between heirs of the same line.

Rights of children from first marriage

Can children born in the testator’s first marriage count on a share of the inheritance? All children of the testator are heirs of the first priority in accordance with the Civil Code of the Russian Federation. At the same time, it does not matter which marriage (first or second) they were born into.

They are all endowed with absolutely equal rights in relation to the property of their father or mother. Moreover, not only relatives, but also adopted children can claim the property of the testator. The only exceptions will be those children in respect of whom the testator was deprived of parental rights.

Important! The fact that the testator was divorced from the mother of the heirs will not be a basis for infringing on their rights; also, because of this, the procedure for obtaining a certificate of inheritance from a notary will not be changed.

What does the testator's wife get?

The wife of the deceased has the right to claim a larger share of the inheritance. She receives a larger share due to the fact that before the inheritance is distributed, the marital share is allocated. This share is allocated in the amount of half of the jointly acquired property. That is 50% of the following:

• Income;
• Bank deposits;
• Pensions;
• Real estate;
• TS;
• Other property that was acquired during the marriage.

Thus, the first step is to allocate the marital share.

This occurs due to the fact that the testator has the right to transfer to his children only the property that belongs to him, and everything acquired during the marriage belonged to him only in the amount of 50%.

The second 50% belongs to the second spouse, so it will not be possible to distribute it among the heirs. Only after the marital share has been allocated will the estate be formed.

Important! Based on this, spouses usually receive the majority of the property. But it is formed not only from the inheritance, but from the marital share and part of the inheritance. This means that the judgment that the spouse receives the majority of the inheritance will be incorrect. His/her share will correspond to the share that the other applicants will receive.

How is the inheritance divided between the wife and children from the first marriage if there is no will?

The Civil Code of the Russian Federation contains as many as 8 queues for entering into inheritance. This priority means that the heirs of the next line can receive the inheritance only after the heirs of the previous line receive it, or refuse it.

The first group includes: the wife, children of the deceased and his parents. However, how will the inheritance be divided between the relatives of the first group, that is, between the children and the wife of the deceased?

Of all the property acquired during the marriage, the wife must be allocated a certain share. It constitutes ½ part of the total inheritance. The remaining part is already divided among all relatives belonging to the heirs of the first stage.

It should be borne in mind that the spouse will also be taken into account when dividing the remaining half.

How is the inheritance divided between the wife and children from the first marriage if there is a will?

Despite the fact that a will is an expression of the will of the deceased regarding his property, certain citizens cannot be deprived of an obligatory part of the inherited property.

A list of such persons is contained in Article 1140 of the Civil Code of the Russian Federation, otherwise they are also called “obligatory” heirs.

This requirement must be especially met in relation to persons who are considered socially vulnerable, we are talking about:

• Children under the age of majority;
• The spouse of the deceased and parents, if they are disabled;
• Persons who were dependent on the deceased, as well as those who are disabled. This category also includes persons who are not included in the inheritance queues. But the social status of such persons must imply incapacity for work, and by the time the inheritance is opened, they must have lived in the testator’s property for at least 1 year.

In accordance with judicial practice, disabled persons include men and women of retirement age: from 60 years for the former and from 55 years for the latter, respectively. Judicial authorities can also include disabled people who are unable to find employment in this group.

Children who have not reached the age of majority will also be obligatory recipients, and whether they study or work at the moment will not matter.

That is, the fact that a minor is already working will not serve as a reason for them to be deprived of the right to inheritance (Read also the article ⇒ Procedure for inheriting under a will).

How is the inheritance divided between the wife and children?

So how will the inherited property be divided between the wife and children of the deceased from his first marriage if there is a mandatory share? When determining its size, the entire list of applicants who have the right to rely on the property, depending on the priority group, is taken into account.

The notary evaluates the entire amount of inheritance, both under a will and intestate. It should be borne in mind that the assessment is carried out on the entire property of the testator, including movable property, as well as household furnishings, for example, equipment, valuables, figurines, etc.

When determining the size of the share of these citizens, the following principle is adhered to: 50% of the share that would have been received by the given person if there had been no will and inheritance took place according to law is assigned.

How to divide the inheritance between the wife and children?

Answer: The first-degree heirs are the spouse, parents, and all children of the deceased. Everyone is entitled to an equal share in the right of inheritance.

Circle of heirs

The heirs are the relatives of the deceased or the persons specified in the will. The presence of a will significantly affects the circle of heirs. In the will, the testator could indicate anyone, not necessarily close people.

If there is such a document, then the right to the property of the deceased passes to the heirs under the will. But, if the deceased has disabled parents, a spouse or minor children, then they have the right to an obligatory share in the inheritance.

In the event that there was no will, the inherited property is divided among the relatives of the deceased according to the order established by law. The spouse, parents and children are included in the first place as legal successors (Article 1142 of the Civil Code). These persons may be the first to claim the inheritance.

How to enter into inheritance rights

By law, heirs have a six-month period during which they must contact a notary's office and declare their rights.

This must be done within a strictly specified time frame if the successors wish to receive the inheritance.

However, if the heirs lived with the deceased, then in fact they have already accepted the inheritance and you can contact the notary later (within 75 years).

How is the inheritance divided?

The inheritance is divided equally between the spouse and children. These persons belong to the same line of heirs, and accordingly their rights to receive property are equal.

When distributing the inheritance between the wife and children of the deceased, you should pay attention to the following nuances:

1. The wife has the right to claim inheritance after the death of her husband if their marriage was officially registered.
2. All children of the deceased have the right to inheritance (those born in marriage and out of wedlock, adopted by him, conceived during life, but born after the death of the testator).
3. If the estate includes property acquired during the marriage, then the wife initially has the right to half, since such property is the joint property of the spouses. Accordingly, only the husband’s part (his half) can be inherited.
4. If there is a will, minor children and a disabled wife (disabled person, pensioner) inherit the obligatory share, regardless of the contents of the document. The obligatory share is at least half of the share that would be due if the inheritance were divided according to law.

Is it possible to give up your part?

The heir may renounce his share in favor of another heir or without indicating one (Article 1157 of the Civil Code). Refusal to receive an inheritance is stated in the form of a written statement, which is submitted to a notary. The person has the right to withdraw this application within a period of up to six months.

If the refusal to accept the inheritance comes from a minor child, then it is allowed only with the permission of the guardianship authorities.

What documents are needed

To enter into inheritance rights, the wife and children will need the following documents:

• Death certificate of the testator;
• Spouse's passport;
• Marriage certificate;
• Children's birth certificate;
• Property documents;
• Will (if drawn up).

This is a general list of documents. In each individual case it can be expanded. For example, if the children of the deceased are already adults, then they could change their last name. In this regard, additional documents will be required confirming that the deceased and the heir are related to each other.

What rights to inheritance does a common-law wife have?

Due to the fact that today such a form of family relations as an unregistered marriage (or civil marriage) is quite popular, many are interested in what a common-law wife can count on after the death of her husband.

Common-law spouses are not included in any line of successors under the law. Accordingly, there is no basis to claim property after the death of a cohabitant. It’s another matter if the common-law husband took care of his wife’s property interests in advance and made a will in her favor. According to the will, a common-law wife can enter into inheritance rights.

Taxes

As a general rule, property received by inheritance is not subject to tax (Clause 18, Article 217 of the Tax Code). The exception is: royalties paid to legal successors for a work of authorship, development of an industrial design, patent.

Inheritance disputes between wife and children

Family relationships can develop in different ways. It is not uncommon that after the death of the head of a family, disputes arise regarding the further ownership and use of his property. Such conflicts often reach such proportions that they have to be resolved in court.

Reasons for going to court may include:

• Appealing a will;
• Establishing a relationship with the deceased;
• Restoring the deadline for accepting an inheritance;
• Challenging the rights of other heirs;
• Removal of the heir as unworthy;
• Division of inherited property, etc.

Judicial consideration of an inheritance dispute takes a considerable amount of time. Sometimes this can last for years. Therefore, it is recommended to resolve issues related to receiving an inheritance without bringing the matter to court.