in legislative acts of the Russian Federation there is such a thing as escheat.What does it mean, under any circumstances considered as such?
unclaimed property is recognized in the following cases:
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in the absence of legal heirs, wills.That is, at the time of opening of the inheritance of persons specified in the will, or relating to the legal heirs of any queue, there is alive and there is a child conceived during the lifetime of the testator, who was born after his death.As for legal entities, they should not at this time also exist;
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heirs have no right to inherit.This is the person referred to in st.1117 CC, ie "unworthy heirs";
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legacy no one accepted.That is, the application was not filed within the prescribed period, and the heir did not commit actions testify to its decision.A list of these activities is contained in the Civil Code st.1154;
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heirs were excluded from inheritance;
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all the heirs refuse to accept, and no one pointed out that renounces in favor of another person.
This list is exhaustive and must be strictly adhered.
escheat - is owned by the deceased person property which does not become the property of the heirs by law and will.
possible that only part of the recognized escheat of property (when there are no heirs at law, as stated in the will, not all).
main condition for recognition of escheat inherited property is the fact that none of the heirs can not accept it.
unclaimed property can be established only upon the expiry of acceptance of the inheritance.When the right of ownership to the property of the Russian Federation shall be the date of opening the inheritance.
According to the law the right to inherit escheat has only the Russian Federation.Its subjects and municipalities are deprived of such opportunities.The adoption of the inheritance State is not required, and is not subject to the rule of the date of entry into the inheritance.RF through legislation itself expressed its will advance to inherit any heirless property.State the reason is obliged to inherit such property, it has no right to refuse.
document confirming the right of a State to accept the inheritance, is a certificate issued by a notary authority or a court decision on the claim of the tax authority or the prosecutor.
unclaimed inheritance, passed the state by right of succession is transferred to the tax authorities, which are estimated to take measures to protect and implement it.RF is responsible to the creditors for the existing debts of the testator, but to the value of the property acquired by inheritance.Expenses incurred in connection with the death of the testator, are also being implemented to the value of heirless property.The law defines the order of succession of the property, accounting and transfer it to the ownership of the RF subjects and municipalities.
In some cases, inheritance relations are of international concern, and in practice there are certain problems, because there are two groups of countries that consider different transition in ownership of the state escheat property.One group believes that the owner has not abandoned the property is a special case, and it should do that on whose territory it is located.The second group believes that it should be inherited.Russia belongs to the second group.
escheat to be distinguished from an orphan.Go right at the first involves the acquisition of not only the rights to the thing itself, but also the implementation of all related duties (eg, payment of debts).The acquisition involves a succession of heirless property (as opposed to an orphan).
