Even people who are not versed in the current laws, certainly have heard the expression "heirs of the first stage", "heirs of the second stage."Who belongs to them?
law allows the testator to leave his property to anyone.And not just a man, and legal persons and even to foreign countries - enough to write a will in favor of that person or organization.And then all the property, according to the will and the will of the testator, will go to the address even if there are a dozen relatives.
But when there is a will, the death of the testator's estate will receive the heirs of the first stage.They are the closest kinship of people - children, parents, spouses.
children.Officially recognized or officially being adopted.If the testator has been deprived of parental rights or child officially adopted the other person - the child has no right to inherit property.If an adopted by the court maintains relationships with blood relatives, including my parents - he has the right to inherit in the manner prescribed by law.
Children conceived but not yet born at the time of death of the testator, can also lay claim to their share of the inheritance.In this case, the other contenders are obliged to wait for the heir to the light, and only then to divide the property.Refer to the notary in this case should the expectant mother.
testator's grandchildren if their parents died.In fact, in this case, the child inherits the estate of the testator, but in the case of his death on the right of succession share of the inheritance goes grandchildren.And if several grandchildren between them share the share of the inheritance, status of their parents.
parents of the deceased, if they are at the time of entry into the inheritance were alive.Mother allocated share of mandatory and father only when he was officially recognized as such ever stayed with her mother in wedlock.
spouse with whom the testator was legally married at the time of death.Former spouses do not have rights.
All the heirs of the first stage of the law have equal rights when entering into the inheritance - children, parents and spouses receive the property in equal parts.Grandchildren get a share, relying on their parents to the law, and this share is already divided in equal parts between them.
Heirs of the second stage are relatives of the heirs of the first stage.It grandparents, brothers and sisters.They come in inheritance rights when there are no heirs of the first stage, or they were deemed unworthy of inheritance, abandoned negolibo not come into inheritance rights.
Inheritance by will
since the death of a man is opened during the opening of the inheritance.Happy consider opening date indicated on the death certificate, or the supposed date if the death of the deceased has been established in court.If a person has been wrongly declared dead, he can reclaim his property obtained heirs with the exception of securities and money.
Since the opening of the inheritance among potential heirs have six months to claim their inheritance.This period may be extended by the courts, if the heir did not know anything about the death of the testator, or could not ask for a legacy for good reasons.
If the deceased did not leave a will, the course is the inheritance of the law, first and foremost, of course, claim the heirs of the first category.Do not forget that on the property, along with relatives of the nearest turn, can claim disabled dependents who are in the care of the deceased and included at least one of 7 queues relationship.If he is not a relative, it can also claim a share, subject to an annual stay with the testator.
