Tip 1: Inheritance of the debtor's inheritance
Tip 1: Inheritance of the debtor's inheritance
Responsibility of heirs for debtsThe testator is of a solidary character and is provided for in art. 1175 Civil Code of the Russian Federation. From the moment when the heir of the debtor accepts the inheritance, he himself becomes a debtor to the creditors of the deceased.
Responsibility of the heir for debtsThe testator is limited by the value of the inherited property. Creditors, that is, those persons and organizations that are owed by the testator can present their claims to all heirs. From the moment of opening until the moment of acceptance of the inheritance, the claims of creditors are presented to property belonging to the hereditary mass. In cases where inherited property is not sufficient to cover all debts, the obligation to repay the debt ceases due to the impossibility of executing it in the part for which there was not enough inheritance. Simply put, this part of the debt is forgiven and remains unpaid. In addition to debts, heirs inherit the contractual obligations of the testator. For example, if during his lifetime the testator concluded a deposit agreement, the heir must fulfill the terms of the contract of sale. Debts of the testator on taxes are paid off by the heirs also within the cost of the inheritance. The heir who inherited the property by right of representation is responsible for the debtor's debts within the value of the inheritance, and does not answer for the debts of the heir, from whom the right to inheritance passed to him. For example, to the grandson the property belonged to his grandfather, in connection with the death of the heir of the first stage-the father (the son of the testator). In this case, the grandson meets this property only for the debts of his grandfather. Creditors of the testator can present their demands only within the limitation period established by the civil law (the general term is three years from the date of the obligation occurrence).
Tip 2: Inheritance of amounts not received by the time the testator died
The hereditary mass includes, among othersthe money that the testator had not been entitled to as a means of subsistence. Such means include wages, pensions, scholarships, social insurance benefits, compensation for harm caused to life or health, alimony, etc.
Inherit such amounts may be residenttogether with the testator members of his family and regardless of his conscientious living, his disabled dependents. The law sets a shortened deadline for submitting an application for accession to the right of inheritance with the said amounts - three months from the moment the inheritance was opened. If there are no dependents of the testator and the family members living with him among the heirs, the amounts not paid to the testator are included in the inheritance and inherited on general grounds. The calculated amounts of the labor pension not received in the month in which the pensioner died are not included in the inheritance and are paid by the disabled members of his family who lived with him, that is, those for whom he was a breadwinner. In this case, it is necessary to apply for the payment of the unpaid pension within six months from the day of the death of the pensioner. If several members of the deceased family can receive a pension, the amount of the labor pension is divided equally among them. For the payment of pension savings, the heirs must apply with a corresponding application to the territorial body of the Pension Fund of the Russian Federation at the place of death of the testator within six months from the date of death. This term can be restored by the court. If the deceased has no heirs, then the funds of pension savings are transferred to the reserve of the Pension Fund of the Russian Federation. A similar procedure also applies if the testator provided deductions to a non-state pension fund. The right to compensation for harm caused to the life or health of the victim is not part of the inheritance, therefore heirs can receive these amounts only through the court. Obtained by a court decision, only the amounts actually paid to the injured person in respect of compensation for damage, but not paid to him during life, can be obtained. In this case, heirs are not paid to compensate for the damage caused to the health of the testator.
Tip 3: Inheritance of bank deposits
The inheritance of bank deposits is made inorder. To the deposits, including money, apply those inheritance rules of general order, which are fixed in the legislation. In the current Civil Code of the Russian Federation there is a time limit during which the heirs must declare that they wish to enter the inheritance. This period is six months, that is six calendar months.
The funds from the deposit can only be received afterhow the certificate is issued, where the right to inheritance of a certain person is clearly spelled out. In the absence of such a document, as a will, the order of inheritance of bank deposits will occur in accordance with civil and family law. This helps ensure a proper approach to solving problems related to inheritance issues. For example, in the event of the death of one of the spouses who are in a registered marriage, inheritance will be subject not only to the deceased's personally owned property, but also that part that accounted for his share from the co-acquired during the marriage relationship. This also applies to such an inheritance as cash deposits in Sberbank.
In some cases, it may be necessaryTo ensure the protection of property belonging to the deceased and subject to inheritance. For example, it may be decided to subscribe to a cell in the bank to save documents on the deposit. The expenses that will be required for this can be recovered at the expense of the inheritance and within the limits of its value. The heir will have the opportunity in this case before the six-month period elapsed under the law has expired, to apply to the financial institution in which the contribution is made.
You can early receive part of the money fromThe purpose of organizing the burial of the testator and ensuring the protection of inheritance property. To do this, we will have to deal with the issuance of a resolution on the issuance of funds. To obtain such a document, contact the notary at the address where the hereditary rights are opened. Receipt of a deposit in a bank is possible only after the specified document is presented.
Tip 4: How to qualify for inheritance
If after the death of a relative or otherA close person you need to issue a certificate of the right to inheritance, then apply to the notary about this no later than 6 months after the death of the testator.
Instructions
1
Contact the Housing Department (housing and maintenance office) and take a certificate of the family at the time of the death of the testator;
2
Gather the necessary documents: Passport, marriage certificate (on divorce), birth certificate (about the change of name), pension certificate, certificate of VTEK (medical and labor expert commission) for those who are disabled. In the event that you have a notarized will - its original.
3
Contact the notary office, whichis located at the place of opening the inheritance, with all the documents prepared. Write an application for inheritance. If additional documents are required for registration of the certificate, the notary will send the request to the relevant organizations. This can be information from the municipal services on the absence of debts for utility bills, certificates from the BTI (Bureau of Technical Inventory) on the assessment of the cost of housing at the time of death of the owner, apartment plan or floor plan of the house, certificates from the tax inspectorate about the lack of tax penalties for the testator .
4
Get the right to inherit in six months fromthe time of death of the owner. If there are disputes and disagreements over the misappropriation of the inheritance, all relatives who somehow consider themselves deprived should file a statement of claim with the court, which will review all the documents and make a decision.
5
In case if, for good reasons,established by law six months, you did not have time to begin the process of registration of the inheritance, contact the world court. Submit a statement of claim for the extension of the registration of the inheritance. Be sure to attach to the application documents that confirm these good reasons. This can be, for example, a certificate from the hospital, confirmation of forced absence from work or study, etc. Pay the statutory state fee and present a receipt for payment together with the statement of claim.
Tip 5: What is inheritance by right of representation?
In the event that the heir died after the discoveryinheritance, not having time to accept it, everything that was due to him in inherited property, passes already to his heirs. However, this rule does not apply to the mandatory share in the inheritance, the rights to which do not pass to the heirs of the deceased heir.
Persons entering into the inheritance rights instead ofthe main deceased heir, are considered heirs by right of representation. This term is fixed in the Civil Code of the Russian Federation. Heirs by right of representation can claim only what was due to the deceased heir, instead of which they inherit. Thus, the meaning of inheritance by the right of representation is that inheritance instead of heir, who died after opening the inheritance and who did not accept it, is attracted to his heirs-hereditary successors. An inheritance by right of representation is possible if there is a will and in case of inheritance by law. That is, if the deceased heir has all his property bequeathed, then the persons indicated in the will enter into the inheritance rights. If the deceased heir has no will or he bequeathed only a part of his property, then by right of representation his heirs are inherited according to the law. An important condition for inheritance by right of representation is that the deceased heir did not take the property either in fact by filing an application for acceptance of the inheritance, because if the heir had succeeded in taking the inheritance to death, such property will already enter his hereditary mass and his heirs will inherit it in general order. The heir by right of representation can refuse the inheritance in favor of the third parties or simply declare the refusal of the inheritance; Simultaneously inherit what the first heir did not have time to accept in connection with death and the inheritance that was opened after the death of the heir - the second testator. The application for entering into the inheritance rights of property due to the heir before his death is given to the notary at the place of opening the inheritance of the first testator, and About acceptance of the inheritance, which opened after the death of the heir himself, to a notary at the place of opening the inheritance of the deceased heir. When inheriting simultaneously in the order of the right of representation and on the general Warping infest two distinct hereditary cases. The term of acceptance of the inheritance after the deceased heir is three months and is calculated from the day of his death. If the remaining part of the term for accepting the hereditary property of the first testator is less than three months, it is extended to three months. If you miss this deadline, you should apply to the court for recognition of the heir who accepted the inheritance. In case of death and the second heir, who had the right to submit to the inheritance, then the inheritance rights to the heirs of the latter do not pass even if there is a will. If the heir who had the opportunity to inherit property by right of representation did not enter into the inheritance within the prescribed period, the inheritance rights of his share in the inheritance pass to the other main heirs.
