After the death of citizen Yu him. Who has the right to inherit property after the death of its owner Who has the right to inherit

Entrance doors 21.08.2021

Entrance doors

3. Analyze the situation and determine: a) the subjects of the legal relationship; b) objects of legal relationship; c) the content of legal relations. 1) After the death of a citizen

Yu., his heir, being disabled, refused to return the notarized debt to citizen K., since the amount of the debt significantly exceeded the inheritance he received. Citizen K. filed a lawsuit. 2) Being on the territory of a nature reserve, two young people decided to inform all visitors of this unique corner of the planet that they were here, and carved their names on the rock in huge letters. Having discovered what they had done, the protection of the reserves detained the young people. 3) Citizen M. lost his wallet with money, so he had to go home by train without a ticket. The inspectors who entered demanded to pay a fine. 4) Citizen V. was in a hurry to get to work and decided to run across the road at a red traffic light, which led to a collision between two cars. 5) Grandfather gave shares to his granddaughter in connection with her marriage construction company. Give arguments confirming that the proposed situations are legal relations.

Analyze the situation and determine: a) the subjects of the legal relationship; b) the object of the legal relationship; c) the content of the legal relationship. 1) after the death of citizen Yu.

the heir, being disabled, refused to return the notarized debt to citizen K., since the amount of the debt significantly exceeded the inheritance he received. Citizen K. filed a lawsuit. 2) Citizen M. lost his wallet with money, so he had to go home by train without a ticket. The inspectors who entered demanded to pay a fine. 3) Citizen V. was in a hurry to get to work and decided to run across the road at a red traffic light, which led to a collision between two cars.

Analyze the situation and determine: a) the subjects of the legal relationship; b) objects of legal relationship; c) the content of legal relations.

1) After the death of citizen Y., his heir, being an invalid, refused to return the notarized debt to citizen K., since the amount of the debt significantly exceeded the inheritance he received. Citizen K. sued.

2) Being on the territory of a nature reserve, two young people decided to inform all visitors of this unique corner of the planet that they were here, and carved their names on the rock in huge letters. Having discovered what they had done, the protection of the reserve detained the young people.

3) Citizen M. lost his wallet with money, so he had to go home by train without a ticket. The inspectors who entered demanded to pay a fine.

4) Citizen V. was in a hurry to get to work and decided to run across the road at a red traffic light, which led to a collision between two cars.

5) Grandfather gave his granddaughter shares of a construction company in connection with her marriage.

Give arguments confirming that the proposed situations are legal relations.

The right to inherit property after the death of a citizen belongs to his heirs. However, the presence or absence of a executed and notarized will can make changes to the list of persons who should receive an inheritance, as well as deprive some citizens of the inheritance property that was due to them by law (for example, after the death of a spouse).

Who has the right to inherit?

The procedure for obtaining an inheritance is strictly regulated by law. There are two cases when the right of inheritance arises after the death of the testator - by will and by law.

Depending on the presence or absence of a will executed in accordance with legal regulations depends on who is able to claim the property. In fact, the right to inheritance arises from the persons specified in the content of the will, or from legal heirs.

Features of inheritance by will

If there is a will, the legal successors of the testator may be those citizens who are indicated in the text of the document. They are not only relatives and persons dependent on the deceased testator during his lifetime, but also any other third parties, if they are listed in the order.

In order for a will to be recognized as valid, it is important to take into account certain nuances:

the document must be certified by a notary;
the testator must be legally capable and aware of his actions at the time of the conclusion of the order (171, 176–178 articles of the Civil Code of the Russian Federation);
amendments to the document can be made any number of times.

A will may concern the entire property of a citizen or only some of it (in the second case, the rest of the property is subject to division among the direct heirs in the order of legal precedence).

In addition, the order may indicate the procedure for the redistribution of property (in whole or in shares), otherwise the division occurs in the same parts between all persons whose names are listed in the document.

Features of inheritance by law

In the absence of a executed will, the legislation of the Russian Federation provides for a special procedure for entering into inheritance by law. After the death of a citizen, the heirs have the right to his property (Article 1141 of the Civil Code of the Russian Federation).

To, which is able to claim part of the property after the death of a father or other family member, directly include his children (adopted and relatives), both parents and spouse.

If there are no representatives of the first priority, then the right to inherit by law passes to the next queue (the process is repeated until the testator's property is accepted).

The right to inheritance in the absence of a will is assigned to 8 lines of successors:

as stated above, the first includes the parents, children and husband / wife of the testator (after the death of the spouse);
which include the closest relatives of grandfathers, sisters, grandmothers and brothers of the testator;
when moving to the third - aunts and uncles of the deceased citizen;
the fourth calls for great-grandmothers and great-grandfathers;
all available great-aunts (grandfathers) and grandchildren (granddaughters) belong to the fifth;
great-aunts and uncles, nieces and nephews, great-grandchildren - already by the sixth;
the seventh includes people who are not closely related to the citizen, that is, the stepmother or stepfather of the testator, his stepsons and stepdaughters;
persons who are dependents of the deceased citizen belong to the eighth priority, if the testator has no other relatives left.

Also, do not forget about the possibility of obtaining hereditary property. In this case, the inheritance by law passes to the descendants of the heir, who was supposed to acquire the property of the testator, for example, after the death of the father. However, for the category of persons specified in Articles 1142–1144 of the Civil Code of the Russian Federation to inherit, certain nuances must be observed, namely:

the right to grant can only be exercised after the death
heir (for example, after the death of the mother of the assignee, who is the aunt of the testator);
descendants are able to claim that part of the property that was supposed to go to the deceased heir.

Registration of the inheritance

The right to inheritance arises in. In order to accept the inheritance property, the successor is recommended to send the following papers to the notary's office within six months:

certificate of death of the testator;
identity card of the successor;
documents proving the existence of family ties with the testator (provided that there is inheritance by law);
documents on the property of the deceased citizen;
a certificate from the passport office containing information about the last address of the testator's residence and information about other heirs.

If the deadlines for submitting an application and other documentation to the notary's office are missed for good reasons, the interested person is able to apply to the judicial authority with a claim for the restoration of the deadlines and registration of the inheritance.

Successors who have received property on the basis of common ownership may independently agree among themselves on its distribution in equal parts by drawing up an appropriate agreement on the division of the inheritance. When passing to one of the successors of a more expensive type of property, the law obliges to pay commensurate monetary compensation to other successors who have received less valuable property.

Can a testator revoke the right to inherit?

It should be noted that when drawing up a will, a citizen has the right to decide who will receive the inheritance after his death, and who will be deprived of it. This is not prohibited by Russian law, and it will be impossible to challenge the validity of the document if the order is correctly executed and in accordance with the norms of the law.

On the basis of Article 1149 of the Civil Code of the Russian Federation, the following citizens can apply for a mandatory share:

disabled children after the death of their father or mother (both natural and adopted);
disabled persons who during the lifetime of the testator were dependent on him (for this, the dependent must receive systematic assistance from the testator for 12 months before his death, and this support must be the main receipt Money disabled citizen);
children after the death of the mother or second parent, if they have not reached the age of majority;
recognized disabled parents of the testator or his wife / husband (after the death of the spouse).

Disabled citizens include disabled people of groups I, II and III, women over 55 years of age and men over 60 years of age. Paragraph 32 of the Decree of the Plenum of the Supreme Court of 2012.05.29 No. 9 states that these categories of persons cannot be deprived of the part of the inheritance guaranteed to them by law under any circumstances.

The size of this share is equal to half of the amount that would be intended for the heir on legal grounds, but the guaranteed part may also increase or decrease at the conclusion of the judicial authority. A mandatory share is allocated to a citizen from unwilled property (if any) or from the property that is indicated in the text of the will.

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3. Analyze the situation and determine: a) the subjects of the legal relationship; b) objects of legal relationship; c) the content of legal relations. 1) After the death of a citizen

Yu., his heir, being disabled, refused to return the notarized debt to citizen K., since the amount of the debt significantly exceeded the inheritance he received. Citizen K. filed a lawsuit. 2) Being on the territory of a nature reserve, two young people decided to inform all visitors of this unique corner of the planet that they were here, and carved their names on the rock in huge letters. Having discovered what they had done, the protection of the reserves detained the young people. 3) Citizen M. lost his wallet with money, so he had to go home by train without a ticket. The inspectors who entered demanded to pay a fine. 4) Citizen V. was in a hurry to get to work and decided to run across the road at a red traffic light, which led to a collision between two cars. 5) Grandfather gave his granddaughter shares of a construction company in connection with her marriage. Give arguments confirming that the proposed situations are legal relations.