The inheritance belongs after the death of the husband. How is jointly acquired property inherited after the death of one of the spouses? Let's figure out whether in Russia a wife can receive her husband's pension after his death

Despite the tragedy of the situation when a loved one dies, the legal fate of the property left behind needs to be resolved as soon as possible. Read in the article who, if the husband dies, as well as about the intricacies and features of inheritance.

Inheritance is the transfer of property into the ownership of a successor after the death of the testator. Any citizen can receive an inheritance - this opportunity is not limited by age or other restrictions.

Transfer of property is possible by will or by law. In the first case, the testator himself determines the legal fate of his property during his lifetime; in the second, the transfer of property occurs in accordance with the norms provided for by Chapter 63 of the Civil Code of the Russian Federation.

If the testator has drawn up a will, then there will be no problems with the distribution of shares, since the text of the document will contain a clear indication of what is intended and to whom. In the absence of a will, inheritance will take place according to Art. 1141 of the Civil Code of the Russian Federation - in the order of priority provided for in Art. 1142-1145 and 1148 of the Civil Code of the Russian Federation.

According to the law, the primary heirs after the death of a husband are his wife, children and parents. If there are no relatives other than the spouse, then all property will become her property.

The issue of distribution of shares is currently being actively discussed. Often, relatives argue about what property they are entitled to and cannot agree within the permissible period for accepting an inheritance - six months. To avoid this, there is a bill in development according to which, if the heirs are unable to reach an agreement within six months, all property will be sold and the proceeds will be distributed proportionally among the claimants for the share. However, the law is under consideration and may never be adopted.

Who are the first heirs after the death of the husband?

So, according to Art. 1142 of the Civil Code of the Russian Federation, the primary heirs after the death of the husband are the following persons:

• spouse;
• children (including adopted children);
• parents (or guardians).

If among the listed persons there is only one applicant for the inheritance, then he will receive all the property left behind. When immediate relatives are absent, they are considered unworthy or they renounce their shares, the right to receive passes to the heirs of the second or subsequent stages.

Property can be divided after the death of the husband only after allocating his share in the common joint property of the spouses. That is, all property acquired during marriage must be divided into two equal parts - for the husband and for the wife. The inheritance mass will include only the husband’s share, which will be divided.

The wife and children have the right to equal shares of the inheritance. That is, if the husband does not have children and parents, the spouse will inherit all the property. Relatives who are legally related to subsequent orders do not have the right to inherit if there is someone from the previous order.

In accordance with Art. 1149 of the Civil Code of the Russian Federation, there are a number of persons who are entitled to a mandatory share of the inheritance, which a citizen cannot lose. In this case, it does not matter whether the testator made a will during his lifetime. Such persons include:

• dependents of the husband (those living and not living with him);
• disabled parents;
• incompetent, minor or disabled children;
• disabled spouse.

The listed persons have the right to receive at least half of the share due to them. The right will be exercised even if the legitimate interests of other heirs are infringed.

For example, a citizen has a daughter and a wife. They are both heirs of the first stage. During his lifetime, the citizen drew up a will, according to which the private house, which is his personal property (it was inherited and therefore is not recognized as the joint property of the spouses), becomes the property of his daughter in full.

However, before the death of her husband, the wife became disabled and lost her ability to work. This was the reason that the spouse became a compulsory heir, regardless of her mention in the testamentary document. If inheritance were to take place by law, the house would be divided equally between the wife and daughter.

Since the spouse is an obligatory heir, her share will be half of what would have been due to her, that is, not 50, but 25% (can be allocated in kind or in cash equivalent). The daughter will get the rest.

How to enter into an inheritance after the death of a husband?

If a will has been drawn up, the heirs must contact a notary within six months from the date the testator is declared dead (according to a medical or judicial opinion). For this you will need the following documents:

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• statement;
• death certificate;
• general passport.

If there is no will, the procedure will be similar. However, a document confirming the degree of relationship will be added to the list of papers. This could be a birth or marriage certificate.

The notary will check all the documents provided and issue a certificate of inheritance rights. In the future, it serves as confirmation of the emergence of ownership rights in Rosreestr when registering the transfer of property rights.

The process of inheritance is often associated with the emergence of controversial situations. The most common among them:

1. Missing the entry deadline.
2. The presence of errors in the will or its recognition as invalid.
3. Lack of documents confirming that the property included in the inheritance mass is the property of the testator.

In each of these cases, you cannot do without the help of a lawyer. As a rule, you have to go to court to resolve the issue, and without legal education it is difficult to resolve the dispute in your favor.

In what cases can a wife and children be disinherited?

Primary heirs may be disinherited in the following cases:

• handwritten refusal to accept the inheritance in favor of another heir or without indicating the successor;
• recognition of the heir as unworthy in court on the initiative of other heirs;
• the presence of a will, which directly indicates that the wife, children and parents are deprived of rights to inheritance;
• absence of actions aimed at accepting the inheritance within six months from the date of death of the testator.

For an heir to be declared unworthy, compelling reasons are required. For example, if it is proven that a relative took illegal actions, exerted moral or physical pressure on the testator, or refused him help when he needed it.

For example, a citizen has a wife and son. He died and left no will. The estate includes his personal apartment, which is legally divided between his son and his wife. However, the wife did not live with her husband and did not provide him with the financial assistance he needed during a period of serious illness. The citizen was helped only by his son, who regularly visited and provided for him. In this case, the son can file a lawsuit demanding that his father's wife be recognized as an illegitimate heir.

By law, absolutely any persons can be named in a will, including those who are not relatives. Of course, in most cases, the heirs of the first priority are not satisfied that they were not mentioned in the will, and all the property will be inherited by a stranger in accordance with the document. However, challenging a properly drafted will is extremely difficult.

Challenging is possible if the following circumstances exist:

• there are serious errors in the content of the document;
• the will was drawn up under duress;
• the testator was incompetent when drawing up the document and was not aware of his actions (for example, he was under the influence of medications or in a state of alcoholic/drug intoxication);
• the deed indicates property that does not belong to the testator.

A testamentary act can be contested in whole or in part. To do this, you will need to go to the district court and provide evidence. They can serve as a medical examination report, testimony of witnesses, certificates and other papers from official institutions.

Now you know who the first-line heirs are if the husband dies. The wife, children and parents have a priority right to receive the inheritance.

The practice of drawing up wills in Russia is not nearly as widespread as in other developed countries. In most cases, inheritance occurs according to law -. The order of inheritance by law is regulated by Articles 1142-1145, as well as Article 1148 of the Civil Code of the Russian Federation - they establish a queue based on the principle of family ties. Thus, the heirs of the first stage are the closest relatives of the deceased (deceased), who have the priority right to enter into inheritance. And only if there are no such relatives or if they refuse the right of inheritance, it is the turn of the second-order relatives, then the third, and so on.

In this article we will look at who is the heir of the first stage? Who has the priority right to property after the death of a husband or wife, father or mother.

Heirs according to the law of first priority

So, first of all, the following are called for inheritance:

Spouses

The first priority includes a husband or wife who was in a registered marriage with the deceased. The so-called “common-law” husband or wife - cohabitants or dependents - except in cases provided for by law (this will be discussed below).

However, when talking about inheritance after the death of a spouse, we must keep in mind that not everything can be divided between relatives. The fact is that everything that was acquired during marriage is joint marital property and belongs to the husband and wife on equal rights. Therefore, before proceeding with the inheritance procedure, it is necessary to separate - from the joint property of the spouses, and only then distribute among the heirs - the second half, the share of the deceased. Property that was received into ownership before marriage, or was also inherited or received as a gift during marriage is not considered joint property, and therefore is not subject to allocation to the marital half.

Parents

The father and mother of the deceased are the heirs of the first stage. Moreover, it does not matter whether the father and mother live together or are divorced. Equated to parents adoptive parents– they have the same rights as natural parents, if the adoption has not been canceled in court. But guardians and trustees, as well as adoptive parents, are not heirs (see ““).

The father and mother who were deprived of parental rights in court on legal grounds (in relation to the testator) also do not have the right to inherit.

Children

Along with parents, children are also the primary heirs. Even if the testator was deprived of parental rights, he loses the right to inherit after the death of the child, but the child does not lose the right to inherit after his death. This is because a father or mother who is deprived of parental rights loses all rights associated with parenthood, but is not relieved of parental responsibilities.

Biological children have equal inheritance rights with adopted children. But if the testator was married to a spouse who has children who are not relatives of the testator and were not adopted by him, they will not inherit after his death. According to the law, stepsons and stepdaughters are heirs of the seventh stage, and can claim rights to the property of their stepfather or stepmother only if there are no representatives of the previous six stages.

Sometimes in the process of entering into an inheritance it is required. In this case, a post-mortem genetic examination can be carried out in court.

It should also be said about children who were born after the death of the testator - they also have the right to inherit.

Who is the direct heir?

After the death of her husband

According to the provisions of the Civil Code of the Russian Federation, the first claimants to the property of a deceased husband are the following relatives:

• Wife;
• Children;
• Husband's father and mother (father-in-law and mother-in-law).

The division of the inheritance between the applicants can be carried out only after the joint marital property acquired during the marriage by the husband and wife is divided into two equal parts, one of which belongs to the wife, and the second is to be distributed among relatives.

If among the listed persons there is only one applicant, he receives all the inherited property. If none of the indicated persons is present, if all of them refused to enter into the inheritance, the right passes to representatives of the second or subsequent stages.

After the death of his wife

The situation is similar with inheritance after the death of a wife. Before proceeding with the division of the inheritance, it is necessary to separate the husband's share from the jointly acquired marital property. Half belongs to the husband, the second half, which belonged to the wife, is subject to division into equal parts among the following persons...

• Children;
• Father and mother (father-in-law and mother-in-law).

After mother's death

The law calls the first direct claimants after the death of the mother:

• Father (mother's legal husband);
• Children;
• Mother's parents (grandparents).

The father has the right to inherit only if he was in registered marriage with mother, which requires documentary evidence. Likewise, children and parents must present documentary evidence.

If the mother was legally married, the division of the apartment, dacha, land, transport and other property must be preceded by the allocation of the father's share from the joint marital property. Half of everything acquired during marriage belongs to the father, and only the second half can be equally divided among relatives.

Grandparents have the right to inherit after their mother only if they have not been deprived of parental rights in relation to her.

Instead of children - by right of representation, if the children died before the mother or at the same time as her.

After my father's death

In the event of the death of a father who did not leave a will, the following legal heirs will claim the inheritance:

• Mother (father's legal wife);
• Children;
• Father's parents (grandparents).

Before distributing the property of the deceased father, it is necessary to first allocate the mother's share from the joint marital property acquired during the marriage. The mother's share belongs to her and is not subject to division, the father's share is an inheritance mass and is subject to division between representatives of the first priority. The shares of the heirs are equal.

If none of the representatives of the first line are present, if all of them are, it will go to the representatives of the second line. If not a single legitimate claimant is found out of eight queues, the property will become the property of the state - and will be considered escheat.

Features of inheriting property without a will

Along with immediate relatives, other persons can also claim inheritance according to the law.

We are talking about dependents– disabled persons who had no sources of income and were dependent on the deceased for a year before death. They claim the inherited property at the same time as the primary heirs, but their shares are equal to half the share. To claim rights, dependents will need to provide the notary with evidence of being a dependent - witness testimony or documents (extracts, receipts, checks, receipts).

The preemptive right to household items - furniture, household appliances, dishes - have those heirs who lived with the deceased (deceased) and used this property on an equal basis with him.

If the share of one of the heirs is greater than the others (due to the impossibility of dividing equally indivisible property of different values), he must compensate the remaining equal claimants for the difference in value.

Basic moments:

• Primary heirs are the persons who enter into the inheritance of the deceased first.
• The law defines this as the second spouse (widow or widower), parents (mother and father), as well as children (natural or adopted).
• The widow of the deceased has the right to the marital share, i.e. its part is not divided among the remaining heirs - such a share goes to the legal spouse.
• The first line of heirs may include dependents, even if they are not relatives of the deceased (for example, a cohabitant who was supported by the testator due to disability).
• The shares in the inheritance are divided equally, but the widow/widower will receive a little more - due to the allocation of the marital share.

Despite the relationship between spouses in marriage, according to current Russian legislation they are the closest people. The relevant provisions of this law protect their rights not only during their life together, but also after divorce or the death of one of the spouses. In this article we will look at who receives property under the law of the Russian Federation after the death of the husband.

In this article

Inheritance, joint property

Property assets acquired by spouses during marriage, in accordance with current Russian legislation, are considered common.

According to the law, the common property of a husband and wife includes the following items:

• real estate/movable property purchased during official family residence (apartment, own house, vehicles, household equipment, furniture items, other items supported by an agreement);
• financial resources (scholarships, salaries, pensions, cash benefits, business profits);
• investments (bank deposits, securities, shares, shares in capital).

Both spouses have equal rights to the listed material assets. Each person legally owns 50% of the jointly acquired property.

But in addition to common property values, the law also provides for personal property (property purchased before the official marriage, inherited or gifted, received even during marriage). Such material assets belong to a specific owner and are not subject to division.

Inheritance

After the death (death) of the husband, the wife has full right to her own share of the common property, that is, 50%. The other half, which belongs to the spouse, is inherited.

Example:

• A married couple living in an official union bought an apartment. Accordingly, after the death of her husband, the wife legally claims half of the living space, since it was acquired in a legal marriage and is common real estate. The second half of the living space is inherited, that is, divided equally between the wife, children, and parents.

It is important to understand! Half of the apartment and personal material assets (even if they were shared with the spouse) belong by law to the wife and are not subject to inheritance.

Example:

• The husband and wife lived in a private house, which the wife inherited from her deceased parents. After the death of her husband, the children from his first marriage decided to declare their right to inherit part of this living space, mistakenly considering the house to be the common property of the spouses. In this particular situation, the property is not subject to inheritance, since their father, by law, was not its owner, even on a common basis with his wife.

It is important to note! The personal property of the deceased husband is divided among all relatives (wife, children, parents) in equal parts. Moreover, without prior allocation of 50% of this property to the spouse.

Example:

• Even before the marriage, the man privatized the apartment in which the couple subsequently lived. After his death, his wife wished to receive 50% of the property on the basis of co-ownership. But the law determined in this situation her right of inheritance on a common basis with all other relatives of her husband.

It is important to understand! Of the common property values ​​of the spouses, after the death of the husband, relatives have the right to inherit only 50% of such property in equal parts, the husband’s personal belongings are inherited in full on a general basis, the wife’s personal belongings are not subject to inheritance.

Legal division of property after the death of a husband

Since today in the Russian state the practice of drawing up a will is not quite common, and after the death (death) of a spouse there is no document of a similar form, property division is carried out in the order of priority established by current Russian legislation. Regardless of what kind of relationship the relatives had with the deceased, the law specifically defines the order of inheritance rights to the property values ​​of the deceased.

The order of inheritance is determined by the Civil Code of the Russian Federation and is divided into the following categories:

• First stage - children, husband/wife, parents;
• Stage II - brothers/sisters, grandchildren, grandparents;
• III turn - uncles/aunts;
• IV stage - great-grandchildren, great-grandfathers/great-grandmothers;
• V turn - cousins, grandparents;
• VI turn - cousins, uncles/aunts, nephews, great-grandchildren;
• VII turn - stepdaughters, stepfathers/stepmothers.

In addition, persons who have been fully supported by the testator for at least a year, but if they are not his blood relative, have the right to claim part of the property values ​​of the deceased. In court, this fact requires mandatory confirmation.

It is important to understand! The category of citizens of the second priority can apply for participation in the division of inherited property values ​​only in the absence of citizens of the first priority. This rule applies accordingly to subsequent categories of heirs.

Inheritance procedure

After the death of her husband, after a certain period, the wife begins to wonder about her husband, his personal material assets, the property he inherited, etc. This process is organized and carried out in accordance with the procedure established by law.

The wife, who is included in the list of heirs, must first write a corresponding statement to the notary.

This document must reflect the following information:

• date of death of husband;
• the cause of his death;
• the spouse’s decision to accept the inheritance left by the spouse;
• readiness for the process of property division if necessary (if the husband indicated other relatives in the will or such a document is missing).

Simultaneously with the application for inheritance of property values ​​passing from the late husband, it is necessary to prepare the following package of documents:

Important! When submitting an application with the listed documents, it is important to comply with the deadlines established by law - 6 months (it is after this period that the persons who are entitled to part of the property of the deceased officially take ownership rights).

If the period established by law for processing documents is violated, it will be quite difficult to enter into inheritance rights for further disposal of property values, especially if third parties apply for the right of inheritance.

After receiving the application with the attached package of documentation, the notary makes a separation of the legal half of the spouse from the common property. Issues the appropriate certificate of ownership. Next comes the division among all relatives of the remaining half of the property of the married couple (real estate, cars, household equipment, etc.).

Important! If various controversial issues arise among the legal heirs, they are resolved in accordance with the current legislation in court.

The nuances of dividing parents' property between children

The process of inheritance by children, especially when they are from different marriages, of the property values ​​of their parents is accompanied by some nuances.

It is important to understand the main point! The children of the heir, no matter from what marriage they were born, have equal rights to inheritance. Even children who are still in the womb have rights to inheritance (immediately after birth they are considered full heirs).

It is also worth considering the fact that adopted children, when dividing the inheritance, are equated to the first-priority category of heirs - blood relatives. At the same time, they no longer have the right to claim the property of their own biological parents. But there are still exceptions.

Example:

• If an officially adopted child maintains a relationship with his biological parent, then, according to a court decision, he has the right to count on a share of the property after the death of his own adoptive parents and biological relative.

For legitimate children, it does not matter whether they were born in a civil, legal marriage or even outside of a marital union - one rule applies to everyone. That is, even an illegitimate child, when establishing the fact of paternity, participates in the division of the property of the deceased biological father on equal rights with legitimate children.

Undeniable share of inheritance

As a rule, inherited property, in accordance with current legislation, is divided between the participants of the will in appropriate shares, without a gift, in the established order between categories of relatives. But there is also a category of persons who have inheritance rights to part of the inherited property in any situation, even regardless of the wishes of the testator.

These include:

• children (it doesn’t matter whether they are natural or adopted) of the deceased, who have not reached the age of majority, and who are unemployed;
• spouse, parents, adoptive parents who do not work and do not receive pension benefits;
• persons who have been fully supported by the testator for at least one year do not have a job.

It is important to understand! Property can be disposed of in the event of death only by performing certain legal actions. Obtaining the right to inheritance is a difficult procedure that requires certain legal knowledge of the provisions of the current legislation. Therefore, it is better to rely on a professional in this matter, that is, a notary who knows how to solve it legally.

Procedure for registration and deadline for accepting inheritance

If we are talking about a privatized apartment, then its inheritance is implemented in order:

• The inheritance case is opened (the day of the spouse’s death). The deadlines provided for the execution are counted from the date of death of the testator.
• The heirs write a statement of their consent to receive the property left by the deceased. The paper, prepared according to the law, is given to a notary whose office is located at the place of residence. This must be done within 6 months from the date of death of the relative.
• Obtaining a certificate of inheritance of housing. The executed document is given by the notary after 6 months from the date of death of the spouse.

The spouse, children, parents, and dependents can carry out a number of actions to prove the fact of acceptance of the inheritance. For example, they live in an apartment, have a residence permit there, where the deceased also stayed, and pay for housing. That is, actions should be aimed at confirming the desire to maintain the property.

If the testator has written a will, then the notary must submit the following documents:

• death certificate;
• a set of certificates from the BTI (the list includes a document that records the cost of housing, a registration certificate for the property);
• a copy of the will signed by a notary, you can also provide the original;
• extract from Rosreestr.

It is necessary to prove the testator's right to the transferred housing using a will. It is necessary to provide documents and paper confirming the absence of debt.

During the process of inheritance, disputes may arise and in order to resolve them, it will be necessary to submit additional documents. The notary will warn you about them. The specialist himself can make a request to provide certificates to the relevant services. The heir will not only receive rights to the property, but he will be charged with the responsibility of maintaining it.

If there are debts to pay for housing, then the heir will have to resolve this monetary issue. All obligations to repay the debt will fall on his shoulders.

After solving material issues, a person can dispose of property at his own discretion. The owner has the right to write a refusal of the inheritance due to him. This option may be appropriate if the number of debts exceeds the property benefits. In some cases, you have to pay a state fee, which does not exceed 1% of the value of the property.

If a person lives in the apartment of the deceased, he is the first priority, then he actually accepted the inheritance. You can start registering your property rights at any time. But it is better to apply within 6 months after death.

In the case where there are several heirs, within six months from the date of opening the case, each of them can refuse the inheritance in favor of the others. After 6 months, this will no longer be possible.

Termination of a marriage due to the death or declaration of one of the spouses as deceased

A valid marriage is terminated due to the death of a spouse or the declaration of a spouse as deceased, as well as through its dissolution - divorce (Article 16 of the RF IC). Each of the grounds (legal facts) with which the law connects the termination of a marriage, and consequently the termination of legal relations between spouses, has its own specific characteristics.

The death of one spouse is the natural way to end a marriage. The document confirming the fact of termination of marriage is a death certificate issued by the registry office.

The court declaring one of the spouses dead entails the same legal consequences as physical (natural) death. By decision of the court, state registration of death is carried out, the marriage is considered terminated, and an inheritance is opened.

If the process is started at the request of both spouses, then both of them write applications to the registry office. You should contact the institution located at the place of residence of either spouse.

You can contact the department where the marriage took place and its registration. If one of the spouses is deprived of liberty, then a judicial act confirming this fact must be attached to the application of the second spouse.

You also need to report the absence of children and the desired last name after the divorce, if the spouse changed it at the time of marriage. The reason and reasons for terminating the union are not indicated in the application.

Invalidity of marriage after the death of one of them

The death of a spouse is the first ground in the Family Code for ending a marriage. The same basis is used to recognize a spouse as deceased if he has been absent for five years, has not maintained contact with his family or other loved ones, has not made himself known, and has not been confirmed by anyone that he is alive.

If the spouse was in places where his life was in real danger (military operations, natural disasters, man-made disasters), then the period is reduced to six months. In the event of a person's death confirmed by a medical report, a death certificate is issued.

And in case of unknown absence for more than five years (or six months in cases provided for by law) on the basis of an appeal by interested parties to the court - a court decision. How to dissolve a marriage with a deceased spouse? Death or presumed death terminates all transactions involving the citizen.
Content

• 1 Divorce methods
• 2 How to cancel a divorce?
  • 2.1 Is it possible to cancel the decision of the registry office on divorce?
  • 2.2 Is it possible to cancel a court decision on divorce?
  • 2.3 Cancellation of a divorce decision through an appeal
  • 2.4 If the deadline for appeal is missed
• 3 Need a lawyer

Ask a lawyer a question for free! The Civil and Family Codes define the procedure for marriage and its dissolution. One of the spouses can initiate divorce proceedings, but the consent of the other spouse is not necessary. But it happens when both spouses after some time may change their minds and regret what they have done, and a logical question arises - how to annul a divorce after it has taken place? Divorce is an official procedure, which is not so easy to reverse.
Moreover, if a passport is replaced due to deadlines or due to loss or damage, a new passport will be issued without a stamp. If a person who did not change his passport after the death of his spouse wishes to enter into a new marriage, when submitting an application he will need to present a death certificate of his former spouse to the registry office.

I also note that a similar situation arises when one of the spouses is declared dead by a court decision. In court, a citizen can be declared dead if there is no information about him at his place of residence over the past five years.

Divorce or dissolution of marriage

Is the marriage annulled due to the death of one of the spouses? Lyudmila Hello, Lyudmila. The Family Code of the Russian Federation states that a marriage ends upon the death of one of the spouses. This happens automatically, that is, there is no need to formalize its termination in any special way - neither file a divorce, nor obtain a certificate of divorce. But the widow (widower) needs to obtain from the registry office a death certificate of her spouse, which will be a document confirming that this person is not in a marital relationship.
The marriage is considered terminated from the date of death of the spouse. Let me emphasize: in this case, the legislation does not provide for affixing any stamp to the passport indicating the termination of the marriage due to the death of the spouse. That is, the last stamp remains in the widow's (or widower's) passport - the registration of marriage.
Later, after a divorce, it is allowed to submit the corresponding claim to the court for the division of property. In cases where married couples have registered their relationship in the territory of other states in compliance with all formalities, they will not be able to go through a divorce case through the registry office in Russia. They will have two options - appeal to the judicial authorities or divorce in the country of its registration. Submitting an application The procedure for divorce through the authorized state registry office will be very quick and uncomplicated. During such a process, the only thing required is the willingness of the two spouses to divorce and their presence. Unlike the judicial divorce process, this option will not exhaust people who want to separate, will not spoil their nerves, and will save their time.

To submit applications for divorce, you can contact the Civil Registry Office directly, send the necessary application through a specialized website, or use the services of the MFC (Multifunctional Center). Connection with Soviet legislation It is noteworthy that much of today's Russian legislation has its origins in Soviet times.

After the death of a person, despite the psychological severity of the situation, one has to deal with legal issues. The main one is acceptance of inheritance. We will tell you in this article who owns the husband’s inheritance after his death and what are the features of receiving it.

The conditions for transferring property by inheritance are defined in Chapter 63 of the Civil Code of the Russian Federation. Any citizen who, on the basis of a law or will, can lay claim to specific property can receive an inheritance.

By will, he has the right to transfer his property to whomever he sees fit. Family ties and other characteristics do not play a role in this case.

Features of inheriting property without a will

In the case of inheritance by law, on the contrary, property is transferred in accordance with the order of the heirs, all of whom are related to the testator. The nuances of the process of transferring inheritance according to the law are described in Articles 1141-1145, 1148 of the Civil Code of the Russian Federation.

The husband's closest relatives who can claim his inheritance are his wife, children and parents.

In total, the legislation identifies 8 stages. But in practice, the inheritance is usually received by the heirs of the first priority. The right to receive it passes to the next only if the deceased has no close relatives, or they are recognized by the court as unworthy to receive this inheritance.

Disputes often arise between relatives over shares of inheritance and the division of specific property. Usually they are decided by a notary, but if relatives do not agree with its division, then the case will be heard in court.

Who is the direct heir after the death of one of the spouses?

Article 1142 of the Civil Code of the Russian Federation states that the heirs of the first priority after the death of the husband are his children, wife and parents.

This also applies to adopted children and guardians who replaced the deceased parents.

If there is only one applicant in this queue, then the question of who the first heir after the death of the husband will be easy to answer because there is only one heir.

There is another situation when there is not a single heir in this line or all of them are considered unworthy. Then the right to receive the inheritance passes to the next priority applicants.

Inheritance after the death of a husband

The first heirs after the death of the husband must take into account the nuance associated with the wife’s right to receive half of the joint property. That is, if specific property is recognized as jointly acquired during marriage, then half of it is not inherited, since it belongs to the wife. Only the second half is inherited, which is equally divided between the wife, children and husband's parents.

Inheritance after wife's death

After the wife's death, her husband, children and parents will also be heirs. The principle of division of property is the same - half of the jointly acquired property belongs to the family, and the second half is inherited and divided among all recipients.

Who are dependents

Article 1149 of the Civil Code of the Russian Federation specifies a list of heirs of the first priority after the death of a wife or husband who have the right to receive a compulsory share. It does not matter whether they were indicated in the will or not, they cannot be deprived of their inheritance.

These include the testator’s dependents, that is, the persons whom he supported. Namely:

• Minor children.
• Disabled (incapacitated) spouse or children.
• Disabled spouses.

If the inheritance is transferred by law, it is divided equally among all heirs of the same line. If inheritance occurs on the basis of a will, then even if the holders of the right to an obligatory share are not in the will, they will receive it. But in such a situation, they will receive half of the property due to them by law.

In what cases can a wife and children be disinherited?

There are a number of situations when even the primary heirs after the death of a husband may not receive it:

• Refusal of inheritance in favor of another claimant or without it.
• On the initiative of other heirs, they were declared unworthy by a court decision.
• They were not his dependents and were not specified in the will.
• They did not accept it within the allotted period (six months after the death of the testator).

The court recognizes an heir as unworthy only if he put pressure on the testator when drawing up a will, refused to help him, or otherwise harmed the testator.

A will can also be challenged if the heirs have evidence that:

• It contains errors.
• It is made under pressure.
• The testator was incapacitated at the time of drawing up.
• He indicated in the text property that does not belong to him.

Often, to challenge it, a medical examination is needed, which will prove the fact of the testator’s incapacity at the time of drawing up the will.

What property is not subject to inheritance?

Article 1112 of the Civil Code of the Russian Federation contains a list of intangible benefits that belong to a person from birth. They cannot be passed on by inheritance. This:

• Life and health.
• Rights and freedoms.
• Reputation and dignity.
• Inviolability of person and home.
• Personal and family secrets.
• Authorship.

These benefits are inalienable and non-transferable by inheritance.

Also, rights and obligations that are inextricably linked with a person cannot be transferred by inheritance. These include:

• Right to alimony.
• The right to compensation for harm to life and health.
• Other rights and obligations, the transfer of which is not permitted by Russian legislation.

It is impossible to transfer rights arising on the basis of agreements for free use, commission, commission and agency agreement.