your lawyer: legal advice, inheritance disputes.
Continuing the series of articles about the profession of lawyer on Legal Code Now I want to continue to talk about the practical experience of lawyers and lawyers of the Bar "title."So, I wanted to maintain confidentiality, to describe some of the most pressing issues with which clients come.During the description of the conflict situation, I'll try a little and get to the current legislation.
to one of the lawyers for the board to seek legal advice his mother died in a car accident and her daughter-in-law.The fact that the brother and sister of the deceased, began to demand their share of the ancestral country home, arguing that they live there for a long time and he helped them in cash.But, the victims were their own children, two brothers Oleg and Alex but they still claimed the inheritance and daughter from his first marriage Oksana dead daughter.
Now that would answer the question, who and in what proportion will inherit from the dead, we must first understand what is included in the inheritance.The legacy of the victims included: a house in the suburbs, which is inherited in-law a year ago;three-room apartment in Moscow, owned by the deceased, where he moved for permanent residence, as the natural children and a daughter from his first marriage, who died: two cars, garage box, family jewels, and of course, all the home furnishings, as well as bank deposit bequeathed Oleg.That's all had to share.
the daughter and son were killed in one day, to be exact in one calendar day, they do not inherit anything of each other.But, if a little distracted, it can be a lot of questions, if one person has died in 23ch.40min.(confirmed by a medical certificate), and the second person died in 00ch.20min., ie40 min., (also confirmed by documents), then the situation may be entitled to the succession and the consequences of partition of the inheritance will be quite different.And this question will decide the court.
now continue, becauseamong the dead couple had no marriage contract, then Art.33 RF IC provides a concept such as the legal regime of matrimonial property and in accordance with Article 34 of the Family Code, only jointly acquired during the marriage is considered to be the property of their common property.Let's start with the profile of bank deposit and jewelry.The contribution asa testamentary disposition, goes to Oleg.Jewels recognized matrimonial property, regardless of for whom they were purchased.I would like to draw your attention to one major caveat, the share of the inheritance is calculated in ideal terms (weight of the total value of the property), it is done so as not to complicate the already complex calculations.And if the heirs are unable to agree, the decision of the real, monetary shares taken by the court.
Let's get started.By the personal property of the deceased daughter is two-bedroom apartment.Heirs of the first stage are the mother, the children Oleg and Alex, as well as a daughter from his first marriage Oksana.All four will receive ¼ of the cost of an apartment, with all the prescribed before the tragedy of the children have a right to stay in it, as they pass and household items.
define what is believed, three children and mother died in the total weight of the inheritance.For common property include: two cars, garage box and family jewels.Children and mother of the deceased in equal shares transferred half the cost of all the above, ie,¼ of the share of the deceased.
Now, move on to the heirs-in-law.He owned a house in the suburbs (obtained by inheritance).It can apply only to children Oleg and Alex, who can get on ½ of the value of the house.Further, the in-law owns 50% of the total acquired property, which is also divided between Oleg and Alexei equally.
summarize calculations: apartment furnishings is divided equally between the mother and children of the deceased (Oleg, Alex and Oksana);Vacation home divide Oleg and Alex;and the total assets were distributed as follows - the mother - 1/8 of Oksana - 1/8 of Oleg - 3/8 parts and Alex - also 3/8 of the total assets.I must have you tired of counting, but that's life.As for the brothers and sisters of the deceased, their queries do not lack any legal basis.
Bar Association "Title" and its lawyers are always happy to come to your aid.