Inheritance: children from husband's first marriage

Divorce of spouses often brings with it many financial problems. Even after the official end of the marriage relationship, people will always be connected by the presence of common children. Many wives from new families are interested in the question of whether the husband’s child from his first marriage has the right to inheritance. You will find a detailed analysis of the question and the answer to it in this article.

Rights of heirs from a previous marriage

The laws of the Russian Federation equalize the legal relationships of descendants regarding the inheritance of their parents, regardless of not only their age, but also the marriage during which they appeared. All heirs have priority status.

Therefore, a child from a previous relationship may receive the right to dispose of part of the property acquired in the current marriage.

Types of property in question

All movable and immovable property acquired by husband and wife during their life together is divided in half in case of legal issues. Heirs from previous marriages have full rights to their father's half, while receiving equal shares.

In addition to inheritance from subsequent marriages, children can also take possession of material benefits obtained by the father after the divorce process before he re-enters into marital relations. Any gift from a guardian received during his lifetime may become the property of the direct heir under demonstrable legal conditions.

Legally

If the father did not draw up a notarized will, government authorities consider all the parent’s children as first priority, which implies equal rights to receive material property.

For example, when real estate is an inheritance, if there are several descendants from different marriages, the object is divided equally among all children.

By will

Art. 1119 of the Civil Code of the Russian Federation states that the owner can do with the property as he deems necessary. Therefore, the presence of a will significantly changes the order of distribution.

The father has the right to leave all material assets to a certain child or divide its parts at his own discretion, completely relieve the heir of ownership rights, or bequeath property to third parties (relatives, friends, loved ones, charitable organizations). Another feature is that there is no need to indicate the reasons for the distribution.

Attention ! Disinheritance of a child from a previous marriage is legal, but dissatisfaction with the latter or the official guardian may lead to a challenge to the document if there are grounds.

Mandatory part of the inheritance

If the heir from a previous marriage has a disability certificate or has not reached the age of majority, his rights to the father’s share do not change even in the situation with a will in which there are no direct instructions about the participation of the child. Art. 1149 of the Civil Code of the Russian Federation indicates the rights of such children to property in the amount of at least half of what is due to them by law (as in the case of the absence of a will).

For example, if a document testifies only to the wife of the deceased, to whom he leaves all material assets and real estate, and from his first marriage there is a son who is under 18 years of age or has a disability, the latter has the right to a quarter of everything bequeathed (without a will there would be 50 %).

Inheritance rights of illegitimate children

State regulations make the same difference between descendants with and without registration. Children born out of wedlock have similar inheritance rights. They are also characterized by priority and equality in matters of division of the parent’s inheritance, as well as the presence of advantages due to disability and minority.

Attention ! Such distribution is possible only if the father recognizes his children. If the husband's children from his first marriage claim to receive an inheritance, the paternity column in the birth certificate must be filled in with the data of the deceased.

Failure to accept a descendant as the owner of the property may be challenged in court proceedings. For this purpose, the mother or guardian fills out an application.

Format for applying for a minor's inheritance

If there is no clause in the will, an heir under the age of 14 cannot independently declare inheritance rights. The legal operation is carried out by the mother or guardians together with notary workers at the place where the inheritance is determined.

The filing period is limited to 6 months after the death of the parent. A minor heir who has reached the age of 14 draws up the documents independently, but the decision is agreed upon with the guardian.

The package of documents for submission consists of:

• applications for acceptance;
• birth certificates;
• certified will (if available);
• papers certifying parental or guardianship rights;
• certificates of the testator confirming ownership of material assets.

Application example

The application is written in free form, its structure consists of a header, title, main text, signature of the applicant and date of registration. The header contains information about the addressee (name of the notary agency or data of the service employee) and personal data of the heir.

In the main part of the application, the full name is written. heir and deceased father, date of birth of the child and death of the owner of the property, place of residence, degree of relationship, individual property characteristics of material assets.

The document contains the intention to enter into inheritance law and a request for the issuance of relevant certificates. For accuracy, a description of the applications is provided; the child’s signature is required.

Deprivation of a child from a first marriage of inheritance rights

If the owner of the property or his new family is interested in how to disinherit children from his first marriage, one should remember the legality of the actions. There are three common methods.

Making a will

The most rational option available will help indicate any heir the owner desires. If the document is drawn up correctly, the testator need not worry about the safety of the property. But even in this format, there is a possibility that a child from the first marriage will receive an inheritance (in case of incapacity and minority).

Registration of deed of gift

The most effective method that can deprive the heir of his rights. The document is drawn up only during the lifetime of the owner. The correct legal approach to drafting paper guarantees success.

One of the pitfalls is that from the moment the deed of gift is concluded, the property in question immediately passes into the possession of the chosen successor, relieving the previous owner of any property rights.

Attention ! Today there are many swindlers who are ready to go to any lengths to take possession of other people's property. There are known precedents with unscrupulous relatives (heirs), and therefore it is recommended to enter into a gift agreement very carefully.

Recognition of the heir as unworthy

The method of disinheritance is based on Art. 1117 of the Civil Code of the Russian Federation , which comes into force in the following cases:

• avoidance by a descendant of direct obligations to care for a needy guardian (parental incapacity);
• obstructing the fulfillment of the testator's last will;
• criminal liability to parents or other legal heirs;
• illegal actions related to an attempt to increase the inheritance share.

Even those persons who were indicated in the will can be classified as unworthy. The question of whether children from a first marriage can claim an inheritance is resolved if the heir can be attracted according to one of the criteria of unworthiness.

Conclusion

We have determined that any child can claim his father's inheritance, regardless of the legality of the previous marriage. Each descendant has equal inheritance rights.

There are completely legal ways to deprive them, related to inappropriate behavior and evasion of obligations, or the desire of the owner of the property to dispose of it at his own discretion. To clarify controversial issues, we recommend contacting a lawyer.

Children from her husband's first marriage claim inheritance in 2023

The relationship between two people who have tied the knot of marriage is not always strong and sometimes ends in a break, raising questions about whether the children of the spouses from their first marriage have the opportunity and right to inherit. Situations when children from the first marriage of a deceased husband claim an inheritance are resolved differently and are closely related to the personal qualities of the heir, depending on the legality of the claims to the inheritance and the wishes of family members.

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

The desire to take possession of the inheritance must have a legal basis. The legislation identifies 2 grounds for making claims on the inherited mass:

• the presence of a will (an expression of will transferring acquired property to a specific circle of persons);
• family ties that allow inheritance by law in the order of priority.

The process of distributing the inheritance is greatly simplified when the testator has written a declaration of will.

The presence of this document narrows the circle of applicants, which greatly facilitates the distribution of the remaining property.

When the expression of will is not drawn up, the acceptance of the inheritance occurs according to the law, which means the implementation of this opportunity in accordance with the sequence established by the legislator.

It is important to take into account that children are included first, and it does not matter whether the marriage relationship is dissolved or not.

However, in order to benefit from inheritance rights, the son or daughter must be documented (in the birth certificate the testator is indicated as a parent).

If the testator's data is included in the birth documents, then children from any family union acquire inheritance rights. They are legitimate claimants in the following cases:

• presence of officially recognized blood relationship;
• existence of the fact of adoption;
• deprivation of parental rights.

If the fact of kinship is not officially recognized, then the minor would have the right to inherit only if paternity was established in court. Both the mother of the child and another representative can file a claim. If the child has reached legal capacity, he has the right to submit the appropriate application himself.

Shares in inheritance according to the law between spouses and children from the first marriage

The distribution of what is due is related to the period of acquisition of the valuables and the legality of the claims put forward by the heirs. If the deceased is both a husband and father, then the spouse and children of the deceased participate in the division. The listed persons are bearers of the same inheritance rights. The rest do not participate in the section.

In our country, unregistered cohabitation is widespread, which does not give any legal rights to its participants. Family relationships require official registration. Only if this requirement is met, everything acquired during cohabitation is recognized as the joint property of the spouses.

The property is divided into 2 equal parts, half of this property becomes the object of claims by the children and spouse of the deceased. It is worth considering that children from previous marriages legally make claims to the inheritance.

Daughters and sons from a first marriage, as well as joint children, are heirs on the same basis.

If a citizen acquired real estate after a divorce and before entering into a new relationship, then the shares are distributed differently: the real estate is considered the property of the spouse and is inherited in the order established by law (the property is divided among all applicants).

If there is a written declaration of will for a blood relative, then this person receives an inheritance for two reasons. For example, the testator owns a car and real estate, he has a child and a wife. If he gave the car to his son, then the car that is indicated in the will and exactly half of the property will go into the possession of the son, and the other half - to the wife.

Do children from a first marriage have the right to inherit if there is a will?

Two situations occur when a citizen is both not included in the will and has the right to receive an inheritance. Minors may find themselves in this situation, whom for some reason the parent decided to deprive by excluding them from the list of possible applicants.

To transfer the inheritance to certain persons, the testator can leave a will, which indicates those to whom he would like to transfer the property. However, the testator’s expression of his will does not mean that his children from other marital relationships will be left with nothing, because

socially vulnerable categories of citizens are protected by law. This:

• minors;
• citizens under twenty-three years of age if they are full-time students;
• a disabled heir is a disabled person from childhood.

Even if the testator left a will, the share that is due to the listed citizens is determined according to the following algorithm:

• this category of citizens inherits ½ of the inheritance of what they would have received if the testator had not expressed his will;
• if the remaining part of the inheritance is not enough to allocate the obligatory share in the inheritance, then it is replenished by reducing the remaining shares.

If this heir does not need the property of his parents, and for the rest it is the main source of income, then the amount of the due share can be changed by a court decision.

How to disinherit children from your first marriage

The husband's children from his first marriage can, along with others, claim what he will leave after his death. But if the offspring, in the opinion of the parent, should be disinherited, options can be considered for how adult children from the first marriage can be disinherited.

Possible solutions to this issue:

1. The testator cheated the child by assigning everything to other people.
2. The potential applicant is found unworthy or has refused what is due to him of his own free will.
3. Drawing up a deed of gift to bypass unwanted applicants.
4. Signing a marriage contract.

The first method (exclusion from the list of heirs) is possible if two conditions are met:

• majority;
• the offspring's ability to work.

The second method (recognition as unworthy and deprivation of the possibility of inheritance) is possible in the following cases:

• committing a criminal act against any of the participants in the inheritance relationship (for example, a brother attempted to kill his sister);
• an attempt to interfere with the implementation of the will of the deceased;
• an attempt to illegally obtain more property by circumventing the will or legal requirements;
• unscrupulous fulfillment of one’s duties to care for disabled parents (this obligation is prescribed in the Constitution and the Family Code of the Russian Federation; neglect of it can lead to the recognition of the heir as unworthy).

The one who inherits on a general basis, as well as the one who is included in the will, can lose the right. The status of an unworthy heir is established during the trial.

A citizen can be deprived of an inheritance both before entering into an inheritance and after receiving it. But it is worth considering that any violation on the part of children requires proof (documents, testimony).

If the court makes such a decision, the failed heir will be obliged to return everything received.

You should not rely on these reasons, because the likelihood that the heirs turned out to be unworthy or all refused is very small.
The next method is to draw up a deed of gift for any property. This will eliminate claims from unwanted heirs. The document is drawn up and comes into force during the life of the donor and has no retroactive effect.

The last option is a prenuptial agreement. It may state that the property is the property of the spouse. In such circumstances, children will not be able to receive acquired wealth, but this applies only to that part of it that was acquired jointly.

Is a child from a first marriage legally entitled to inheritance?

Which line of heirs include children from the first marriage?

In accordance with the law, inheritance occurs by will and by law.

If the testator left a will, then only those persons indicated in the will will inherit and exactly in those shares that are distributed among the heirs according to the will.

If the testator did not leave a will, then inheritance occurs according to law. What does it mean by law? This means that all heirs of one line inherit in equal parts. For example, if there are 4 heirs, then each inherits 1/4 of the inherited property, if there are 2 heirs, then 1/2 each, etc.

But what is the queue of heirs or the order of priority?

This procedure is just appropriate when inheritance occurs according to law.

The heirs are:

1. First stage;
2. Second stage;
3. Third stage;
4. Heirs of subsequent queues.

If there are no heirs of the first stage, or they are recognized as unworthy, or everyone has refused the inheritance, then the heirs of the second stage enter into the inheritance. If there are no heirs of the first and second orders, then the heirs of the third order enter into the inheritance, etc.

We will not consider each line of heirs, I will only say what is important for us in relation to the article.

The heirs of the first stage are the spouse, children and parents of the testator. First-priority heirs inherit first after the death of the testator and divide the property in equal shares.

That is, we came to the conclusion that children from the first marriage are heirs of the first line, it does not matter whether the father and mother of these children are married or not.

In what cases does a child from a first marriage have the right to inheritance?

Now comes the fun part. After all, not everything is as simple as it seems at first glance.

A child from a first marriage has the right to inheritance by law, since he is the heir of the first priority.

But the parent could have left a will, in which he simply did not include the child or children from his first marriage, and in such a situation, inheritance will occur according to the will.

By a will, the testator has the right to deprive one or more heirs of property, guided by Article 1119 of the Civil Code of the Russian Federation (Freedom of a Will), however, the freedom of a will may be limited by a mandatory share in the inheritance; further we will consider this situation in detail.

Example! Inheritance by a child from a previous marriage by law

The parent died and did not leave a will, leaving behind an apartment and a car. He had a child in his previous marriage and a child was also born in his new marriage.

It turns out that according to Law 3, there are 3 heirs, this is a wife in a new marriage, a child in a new marriage and a child from a previous marriage, and also if there are living parents (for the sake of simplicity of the example, we will not take parents), they are all heirs of the first stage.

Since the father has acquired property with his wife in a new marriage and this property is recognized as the common property of the spouses and each spouse has a share in this property, the most common option is 50/50%, unless a different order is provided for in the marriage contract.

That is, it turns out that inheritance comes from the share of the property of the deceased, if it is an apartment and it was purchased during marriage with the joint money of the spouses, then half of the apartment legally belongs to the spouse (this is her legal share which is not included in the inheritance estate), the remaining 50% of the apartment (which belonged to the deceased and is inherited) are claimed by law by the spouse of the deceased, a child in the current marriage and a child from a previous marriage. According to the law, each of them will receive 1/3 of half the apartment. This is a fairly simple example showing how inheritance will roughly occur if there is no will.

Example! What if the testator left a will in which he did not include a child from a previous marriage?

As we have already explained to you, a will changes the legal order of inheritance, that is, inheritance will occur in accordance with the will. And on the basis of a will, you can deprive any of the heirs of the inheritance, as well as bequeath the inheritance to anyone the testator wishes. This point is regulated by Article 1119 of the Civil Code of the Russian Federation.

That is, it turns out that if a child from a previous marriage is not included in the will, then he does not get anything, he is not in the will, which means the testator disposed of it this way and he is not obliged to explain for what reasons he disposed of his property this way. It turns out that if a child from a previous marriage is not included in the will, then he ends up without an inheritance.

This is indeed true, but there is one point that is provided for by law, this is Article 1149 of the Civil Code of the Russian Federation (Compulsory share in the inheritance). If, according to Article 1149 of the Civil Code of the Russian Federation, a child from a previous or current marriage who is not included in the will falls into the category:

• Minor;
• Disabled;

Then he has every right to an obligatory share in the inheritance. According to the article, the size of this share will be half of the share that a disabled or minor child would have inherited in the manner prescribed by law (that is, if there was no will).

For example, half of the apartment is assigned in the will to a spouse and child, but a disabled child (or a minor child) from a previous marriage is not included in the will.

According to the law, he had the right to inherit 1/3 of half of the apartment, but since he is not included in the will and has the right to an obligatory share in the inheritance, he will get half of 1/3 of half of the apartment, that is, 1/6 of half of the apartment , based on Article 1149 of the Civil Code of the Russian Federation.

And if a child from a previous marriage is of age and able-bodied and is not included in the will, then unfortunately he will not receive anything. This is the law and you can’t argue with it!

Can a child from a previous marriage challenge a will?

Yes, it can, on the following grounds for the invalidity of the transaction, if:

• The will does not comply with the requirements of the law or other legal acts;
• Completing a transaction for the purpose of pretense, but the basics of law and order and morality;
• The imaginary or pretense of the transaction;
• If the transaction was made by an incapacitated or partially capable citizen;
• If the transaction is made by a citizen who is not able to understand the meaning of his actions or manage them;
• If the transaction was made under the influence of fraud, material misconception, threat of force or other unfavorable circumstances.

If there was at least one basis when writing a will, then such a will is declared invalid in court. If the will is declared invalid, then inheritance occurs according to law.

To invalidate a will, the interested party must apply to the court to declare the will invalid. A will cannot be declared invalid before the opening of the inheritance.

Recognizing a will as invalid does not deprive the persons specified in it of the opportunity to inherit by law or by another valid will.

How much of the inheritance can a child from his first marriage claim?

If there is no will, then inheritance occurs according to law, and since the child is the heir of the first priority, then the heirs of the same order inherit the property in equal shares. That is, if an apartment is inherited and there are 4 heirs, including a child from the first marriage, then the apartment is divided into 4 parts, that is, everyone will get 1/4 of the apartment.

If there is a will in which a child from a previous marriage is not included, then he is disinherited according to the will. However, he can challenge the will, but doing so without sufficient grounds is almost impossible.

But if a child from a previous marriage who is not included in the will is recognized as disabled (for example, disabled) or he is a minor, then, on the basis of Article 1149 of the Civil Code of the Russian Federation, he inherits at least half of the part of the property that would be due to him by law.

For example, if an apartment for one person is bequeathed, the will specifies 1 heir, then a disabled child or a minor would have the right by law to half of the apartment, and on the basis of Article 1149 of the Civil Code of the Russian Federation (the right to an obligatory share in the inheritance), he has the right to receive at least 1/4 of the apartment.

The example is simple but clearly shows.

Is it possible to deprive a child from a first marriage of an inheritance?

It is possible to disinherit a child from a first marriage; there are several ways to do this:

1. Leave a will and not include a child from a previous marriage in it, however, if the child is a minor or disabled at the time of opening the inheritance, then he will have the right to an obligatory share in the inheritance, Article 1149 of the Civil Code of the Russian Federation;
2. Recognize such a child as an unworthy heir;
3. Transfer all property to the spouse or child in the new marriage;

All this, of course, is according to the law, but no one has canceled the moral component, but everyone acts according to their conscience, and not always when a parent does not want to bequeath property to a child from a former marriage, it is bad, just because he does so. Situations in life are different.

Conclusions from the article

And since we figured out the child from the first marriage, this is the heir of the first line, which means he has full right to inheritance.

If you write a will, you can deprive such a child of an inheritance simply by not including him in the will.

However, if at the time of opening the inheritance the child is a minor or incapacitated (disabled), then on the basis of Article 1149 of the Civil Code of the Russian Federation he will have the right to an obligatory share in the inheritance; we considered the size of the share in the section “what part of the inheritance can a child from his first marriage claim?” ?.

A particularly sophisticated technique to deprive a child from a former marriage of an inheritance is to transfer all property during his lifetime to the spouse or child from the new family.

Well, that's all I wanted to tell you regarding this issue.

Are children from the first marriage heirs?

The testator's children inherit his property. Moreover, they are heirs of the first priority, regardless of how they were born: in or out of wedlock, in a previous marriage, etc. Thus, children from the first marriage are heirs. They, along with other first-line heirs, have the right to claim the share of the deceased parent.

What inheritance is due to children from the first marriage?

Children from a first marriage claim not only a share in the property of a deceased parent in a previous marriage (in a marriage in which heirs were born), but also a share in the property jointly acquired by a deceased parent in a subsequent marriage. But at the same time, they cannot claim the surviving spouse’s share in the jointly acquired property.

Thus, the children of a deceased parent, in particular, children from a first marriage, have the right to inherit his property, regardless of whether the marriage was declared invalid or not, whether the parents or children lived together with their deceased parent, etc. P.

Let us recall that the inheritance includes things and other property that belonged to the testator on the day the inheritance was opened, including property rights and obligations. But property acquired by spouses during marriage is their joint property.

And the shares of spouses in joint property are recognized as equal, unless otherwise provided by an agreement between the spouses. Therefore, the inheritance includes only the deceased spouse’s share of the property acquired jointly during the marriage.

And only this share passes to the heirs, including children from the first marriage, according to general principles.

So, the answer to the question of whether children from the first marriage are heirs does not raise any doubts - yes, they are.

Features of involving children in inheritance

Inheritance by law by children after parents is possible with confirmation of the origin of the children, certified in the manner prescribed by law.

The origin of a child from parents is certified by the civil registry office entering information about the parents into the child’s birth certificate on the grounds provided by law. Based on the birth certificate, the civil registry office issues a birth certificate for the child.

The information about the child’s parents (parent) contained in the birth certificate is evidence of the child’s origin from the parents (parent) indicated in the certificate.

There are also features that are useful to know about. They are associated with the involvement of the testator’s children in the inheritance in the case when these children are adopted by other persons:

• these children cannot inherit the property of their parent if they were adopted during the life of their parent - the testator;
• but these children can inherit and also have the right to a compulsory share if their adoption occurred after the death of the testator parent.

The right of children from the first marriage to inheritance

Do children from a first marriage have the right to inheritance? How is it possible to deprive a child from a first marriage of an inheritance? How can one recognize an heir as unworthy?

First, I want to express my gratitude for reading this article.

In this article I would like to highlight a very important topic that worries many citizens. Because the situation is very common and pressing.

A very common question among my clients is: are children from their first marriage entitled to inheritance?

Consider this situation: a husband divorced his wife and they have a child. Later, the man marries a second time and has more children. Let's say two.

Moreover, the man does not maintain any relationship with the child from his first marriage and does not take part in the upbringing and development of the child.
The question is whether a child from the first marriage will have the right to inheritance.

If yes, then in what amounts, and is it possible to deprive such a child of the right to inheritance.

• Let's look at everything in order.
• Inheritance by law
  There are two types of inheritance: by law and by will.

Inheritance by law presupposes the order of succession. The heirs of the first stage are: children, spouses, parents. We will not consider the remaining queues, since this is a topic for a separate article.

So, in the law there is a division into queues. And nothing is mentioned about which children from which marriage are entitled to inheritance. Accordingly, children from a first marriage are the same full heirs as children from a current marriage. And according to the law, the entire inheritance is divided in equal shares between all heirs of the same line.

For example, from the heirs: a spouse, two children from the second marriage and one child from the first marriage. Accordingly, we have four first-line heirs, so each inherits 1/4 of the share.

Mandatory share in the inheritance
But there is such a clause in the law as a mandatory share in the inheritance. Let's take a closer look at it.

Disabled or minor children of the testator, his disabled parents, as well as disabled dependents inherit, regardless of the presence of a will, at least half of the share that would be due to them if inherited by law.
Let's look at this using our example with four heirs. Let's say all the property is bequeathed to one of them. One of the legal heirs is a minor. This minor child will be entitled to 1/8 share of the inheritance of the entire property.

Unworthy heir
The last question we will examine is how one can recognize an heir as unworthy of the inheritance. This question is also very common, since many people do not particularly want to share their inheritance.

First, let’s clarify, the unworthy heir – who is he?

Many people put an everyday meaning into this expression: an indifferent attitude towards the problems of the testator (lack of care, care, material and moral support). All this negatively characterizes a person morally, but has no legal consequences.

The law specifies specific cases of recognizing an heir as unworthy, namely:

Illegal actions against the testator, co-heirs, inherited property:

• serious, moderate and mild bodily harm, beatings, threats, causing harm, imprisonment, incitement to suicide;
  the use of cunning, misrepresentation, reporting false information about other heirs, etc.;
• deprivation of life of the testator;
• theft of things and funds of the testator, as a result of which the size of the inheritance share of other heirs is reduced;
• theft, forgery of a will, applications for renunciation of inheritance, documents on kinship, etc.

Loss of parental rights.

Failure to fulfill legal obligations to provide material support to the testator.

Removal by the testator.

All of the above cases must be confirmed by judicial acts and decisions.

For example: verdicts on crimes committed against the testator or heirs, affecting inheritance legal relations; decisions to invalidate wills, donation agreements, purchase and sale agreements (due to forgery, coercion to sign) made in favor of an unworthy heir; court decisions on deprivation of parental rights

The procedure for declaring an heir unworthy is carried out taking into account the specifics of the case, such as the cause and nature of the offense, as well as the deadline for the interested person to appeal in this regard. The notary and the court have the authority to implement it.

Through a notary

A simplified procedure for excluding an unworthy heir from the circle of legal successors is carried out in cases where the basis for this is the circumstances specified in paragraphs 1–7 of the section “Grounds for recognizing an heir as unworthy”, and the inheritance case is still at the stage of proceedings with a notary.

An inheritance case is considered open when:

• a certificate of inheritance was not received by all heirs who accepted the property of the deceased;
• less than five years have passed since the death of the testator;

The applicant's procedure under such conditions is as follows:

Obtaining a court decision establishing the fact of an unlawful act or deprivation of parental rights of an unscrupulous heir.

An application is drawn up to the notary to recognize the heir as unworthy in simple written form; providing an authorized person with confirmation of unworthiness - in the form of a court decision.

After this, the notary attaches the received papers to the open case or creates a new one and makes adjustments to the inheritance order in accordance with the exclusion of the unworthy heir from the number of applicants.

Through the court

The judicial procedure for declaring a successor unworthy takes place in a situation where the inheritance case is closed, and the heir has already taken possession of the received property. In a similar way, the right of inheritance of a person who has not fulfilled material obligations towards the deceased is also contested.

The dispute is resolved through litigation. The plaintiff in the case may be a person whose property interests are directly affected by the outcome of the trial - an heir by law or by will, a legatee. The defendant is the successor accused of “unworthiness.”

The court's decision is based on:

1. a previously passed verdict on the collection of alimony and malicious evasion of its payment in favor of the testator;
   an act issued by bailiffs regarding arrears of alimony obligations;
   a court decision on the defendant committing another offense (from the above);
   other evidence;
2. a certificate confirming the notary’s refusal to take responsibility for the procedure.

Therefore, the first thing the plaintiff needs to do is to take care of receiving at least two of these papers, and after that, draw up a claim expressing his demand.

The application is submitted to the district court at the defendant’s place of residence no later than 3 years after the plaintiff learned of the offense, but within 10 years from the date of death of the testator.

Based on the submitted acts and testimony, the court makes a decision. And if the outcome is positive for the plaintiff, the property can be divided among the successors who retained their rights, also in court.

My inheritance and my husband's child from his first marriage

Well, thanks everyone, the question is settled. I understood the main thing, thanks to those who responded to the point. About the inheritance: when I refused from a notary, I refused a share in an apartment, a car, land and a house in another area. The dacha and garage are registered in my name without entering into an inheritance directly from the companies, so the notary said.

Addition: I will have a document on the ownership of this land, there is an agreement and a deed of purchase and sale, which I conclude with the district administration (since the plot is being purchased from the municipality, and not from the previous owner).

I don’t understand why I shouldn’t worry about my property and the roof over my head. I don’t need someone else’s, but I’m not going to give away what’s mine either. What will be acquired together - then together we will decide who and how to share.

I am not considering a prenuptial agreement.

I am married to a man who had a marriage before me and a child was born in the marriage. There is a long story there, the important thing is that I did not break up my family - I met my future husband after he divorced his first wife, lived with another woman for three years, broke up with her, and then we met.

Yes, I married a man with a “trailer”: his positive qualities and attitude towards me give me strength and patience to put up with this small “nuance” of his past life. Yes, I knew it wouldn't be easy. Yes, I am sometimes jealous - not so much of my ex-wife as of having a child - I understand that everything that is new for me (and I am now pregnant) is no longer anything new for him.

Yes, it’s hard for me to accept that part of his salary goes to that family (alimony is deducted by the accounting department from work, he doesn’t hide anything), and I earn more than him (but also work much more time). I was ready to put up with this and am putting up with it now, but a small legal problem arose and I don’t know how to deal with it - I don’t have enough legal knowledge about my rights.

I don’t write to the legal community, since there is no way to write anonymously, so I hope for help here.

So, the crux of the matter:

My dad died a little over a year ago. My parents were divorced, my dad later married again, there were no children in that marriage, but in recent years I communicated well with both of them (and I still communicate with my stepmother and her children - we have an excellent relationship).

I gave up the inheritance that my dad acquired in his marriage to my stepmother - a share in a one-room apartment, a plot of land and a house on it in a village in another region, a car.

In return, by agreement, my stepmother signed over the garage to me, draws up a will (or a deed of gift - whichever will be more reliable and cheaper) for a 1/2 share in the apartment, provided she lives there for the rest of her life, and also draws up a summer cottage a couple of kilometers from the city.

The dacha plot was bought by my dad, but even before I came of age, then a problem with paperwork was revealed with many plots throughout society (I honestly don’t know all the nuances, but my dad and stepmother have one plot, where they worked for more than 10 years and officially registered in the dacha society, the suddenly appearing heirs of the previous deceased owner were able to pick it up).

In short, an epic began with land surveying and re-registration of my plot, which lasted 3 years (it began when we did not yet know that dad was sick, and will end almost 1.5 years after his death), but if everything goes well now, then I will be able to privatize this land and will be the full owner. Plus, while all this lasted, I met my husband, married him, and became pregnant.

While everything was in limbo, I somehow didn’t think about all the legal nuances, but then, when tomorrow I will most likely receive a document on the ownership of a land plot, bad thoughts began to torment me.

First, the most important question: I receive this inheritance while already married. Can my husband somehow claim it? And most importantly, if something happens to your husband, God forbid, will his son from his first marriage be the heir to his share? I just won't survive this.

Secondly, if, God forbid, he has this share and his son is a potential heir, can I, in that case, now transfer the land to my mother, for example?

Thirdly, my husband and I planned to eventually build a house on this plot, perhaps using maternal capital (if by the time I get ready to give birth to a second one (and if I do), they will still pay for it).

Will my husband’s son also have the right to this built house? I’m not depriving the boy, but he has his mother’s apartment, his grandmother’s (mother’s mother’s) apartment, his grandmother’s dacha, his husband’s share will be part of the house in which we live now...

Well, God be with her, construction, this is written with a pitchfork on the water, but the issue of inheriting the land worries me very much. Or am I being driven, and what is mine by inheritance will remain mine?

I beg you, don’t tell me that the child is not guilty of anything and he has the right. It has. But my inheritance is mine and my children's.

What passes to the husband from his parents - for God’s sake, he can dispose of it as he wants (within reason, of course).

True, my husband also only has a 1/4 share in a city apartment (where his older brother and his family now live) and a 1/4 share in a private house (where we now live).

In fact, only I have a decent housing inheritance: a privatized two-room apartment - 1/2 mine, 1/2 my mother's (my mother has no other heirs except me), a garage, a summer cottage, plus a potential inheritance promised by my stepmother - a share of my father’s property, which I now, while she was alive, refused in her favor (according to the law, I could have entered into an inheritance and received everything that was due to me, but I didn’t, but I have no guarantee that in N years my “stepson "will do the same in my favor). my husband’s son from his first marriage could lay claim to some of this (the garage, the dacha and my mother’s apartment)