The heir died before the testator, to whom the inheritance will go

Inheritance rights

The Civil Code clearly defines the order of inheritance. In accordance with Article 1142, first-degree heirs include the parents, children and spouse of the deceased.

All these claimants have equal rights to the property. So, if the deceased had some property and after his death his parents and spouse survived, then the inheritance mass will be divided into 3 equal shares. If only the mother and father remain (not counting the heirs of other lines), then they will also claim the objects in equal parts.

One of them has the right to renounce his share of the inheritance both in favor of another person and without specifying such a claimant. In practice, most often the refusal is made in favor of the second one in order to simplify the procedure for registration and inheritance.

In general, the testator's mother and father enjoy a standard set of inheritance rights. Some peculiarities arise when inheriting from a minor, and if the parents are pensioners or disabled for other reasons.

By inheritance, only the property that the testator had at the time of his death is transferred.

Grounds for inheritance

Mother and father can inherit after the death of their son both on the basis of law and on the basis of a will. In this case, you need to take into account some features:

a minor does not have the right to make a will. Even a document drawn up by him in an extreme situation will not have any legal force, and the notary will completely refuse to certify it;
disabled parents of an adult have rights to a compulsory share. It will be half of what they would have received by law;
mother and father can inherit on two grounds at once, for example, if they are indicated in a will that does not contain a complete list of property;
persons who adopt a child are equal to his parents and inherit property in the general manner.

The right to a compulsory share is enjoyed not only by those who are disabled for medical reasons, but also by those who have reached retirement age, even taking into account early retirement (for example, if they have “hot” service).

By will

The law establishes two options for inheriting property values and funds after the death of citizens - by will and by law. The procedure for acquiring rights will differ significantly for each of these methods, however, the disabled parents of a deceased son can in any case claim part of the property.

If a will was drawn up by the son, its contents may be determined as follows:

the son can bequeath all property to strangers, in this case the parents acquire the right only to an obligatory share;
if only part of the deceased’s assets was included in the will, the remaining property will be inherited by law;
the testator has the right to indicate what property and which of the parents will be transferred after his death.

If both parents are indicated in the contents of the testamentary form, there will be no problems with registration of inheritance rights - the notary will execute the will of the deceased citizen in strict accordance with the will.

If property assets were bequeathed to strangers, the father and mother can claim part of the inheritance according to the rules of compulsory share. To do this, you need to confirm the fact of incapacity for work - disability, reaching retirement age or retirement, etc. Confirmation of these circumstances occurs within the framework of inheritance proceedings, which opens in a notary's office after the death of a citizen. When inheriting under the terms of a will, the fact of family ties is confirmed only for the allocation of a mandatory share.

The size of the mandatory share cannot be less than half the share that the parents would receive upon inheritance by law. The determination of this part takes into account the number of potential heirs of the first stage (it includes the spouse, children and parents of the deceased citizen). The allocation of the obligatory share occurs at the expense of assets not included in the will, and if they are insufficient, by reducing the size of the shares of the heirs according to the testamentary form.

How can parents enter into an inheritance after the death of their son if the existence of a will has been established? In this case, you need to adhere to the following algorithm of actions:

you need to obtain a death certificate and present it to the notary's office;
within a six-month period, you must submit an application for acceptance of the inheritance or for the allocation of a mandatory share;
after six months, a certificate is issued at the notary’s office confirming the rights to part of the property assets and funds;
if real estate was received, the rights to it are confirmed by registration with the Rosreestr service (movable property can be obtained without additional registration of rights).

applications for acceptance of inheritance

If the application was filed outside the six-month period, you can go to court to have it reinstated. To do this, you need to prove that missing the procedural deadline was caused by valid reasons (for example, a long-term illness with hospitalization, going on a business trip for a long time, etc.). After completion of the process, a certificate of inheritance will be issued based on a judicial act.

If a will in favor of unauthorized persons was drawn up in violation of legislative acts, the parents may sue for the invalidity of the testamentary transaction.

To do this, evidence of deception, misrepresentation, use of violence or threat against the testator is presented. Based on a judicial act, the testamentary form may be declared invalid, and all property assets will be inherited by law.

Rules for division of inheritance

The division of property in this case is carried out in the following order:

if there is a will, the division is made on its basis, in accordance with the will of the testator;
If there is no will, then the division of property is carried out in order of priority. First of all, the right goes to the mother and father, children and spouse;
if the will ignores the obligatory share, then it must be allocated by redistributing the share of other heirs.

Parents will not receive property at all only when the testator was of age and capable, bequeathed all the property to other persons, and the parents themselves do not have the right to an obligatory share.

All first-priority applicants receive the same share of the inheritance if there is no will. Only if there are no heirs of a given line at all, the property can be transferred to the next line, and so on.

If one of the parties does not agree with the procedure for distribution or the volume of its share, including the composition of the property, it can either enter into an agreement with the other heirs or go to court.

The court may decide to sell the inheritance and distribute funds in accordance with the law and the legal status of the parties, or allocate the applicant's share from the inherited property.

What words should you not say?

There are words that are absolutely inappropriate when expressing condolences to a mother who has lost her son or daughter. These include:

Don't despair, dry your tears. There is nothing more offensive for a mother whose son has died to hear instructions. The guest will be perceived as a tactless, indifferent, rude person.
Time heals, everything will get better. Simple phrases used to support grieving people are not particularly relevant when condoling a mother who has lost her son. The pain in the souls of parents does not subside after many years.
Young, you will give birth again. Such words are frankly offensive to a mother whose child has died. Those who are experiencing loss will perceive the phrase as indifferent, complete indifference to the grief that has occurred.
I'm exhausted. Such words speak about a person who has been ill for a long time, hinting at the end of his torment. Regardless of how her son had to die, such condolences will seem rude and tactless to a grieving mother.
Thank God that she herself is alive. It's good that the second child is healthy. There is nothing positive about the death of a child for a mother. The alternative doesn't make the grief any easier.
This, unfortunately, happens. People are losing someone. You can't escape fate. This is a statement of fact. Information is known to others, but that does not make it valuable. A grieving mother doesn't care about others. She is worried about her own loss of her beloved son. Such words will be perceived negatively.
The reason for everything..., if not... It makes no sense to look for the fault of other people or circumstances. In grief we learn to forgive and let go. Words of condemnation will not alleviate the condition of parents who have lost their son. On the contrary, they will cause an influx of emotions and upset.
You need to be strong for the children. Don't forget that you have a husband. Everyone is suffering, hang in there. Such words instead of condolences will not bring the desired result. Until the psycho-emotional state is restored, it is pointless to hope for the reasonable behavior of a mother who has lost her own son.
There will be no more children's laughter in this house. A phrase showing the hopelessness of the situation sounds like a sentence.

If a person doubts his own ability to express sincere condolences, he should prepare in advance, draw up a rough speech plan, or limit himself to one phrase.

Procedure for registration of inheritance

After the death of a son or daughter, inheritance rights are formalized in the following order:

on any day after the opening of the case (from the date of death), the applicant must, within six months, contact a notary at the place where the inheritance was opened. The place is determined by the address of his last residence or the location of the property, if the address of residence is unknown;
submit an application to a notary to enter into inheritance rights;
at the end of the six-month period, re-apply to the notary for a certificate of title;
re-register the specified property in your name if it is subject to registration.

Download the application for acceptance of inheritance (sample/form)

In addition to the application, the notary needs to submit some documents:

passport or other document that confirms the applicant’s identity;
confirming family ties with the deceased. In this case, it will be a birth certificate or, for example, a judicial act establishing paternity;
death certificate of the testator;
confirming ownership rights to property that is subject to transfer to heirs.

The mother and father can provide the notary with information about other heirs, but are not obliged to do so. However, in this case, their chance of reinstating the missed entry period increases.

Inheritance by law after the death of the mother

Regardless of which relative the inheritance comes after, it can only happen on two grounds:

In law.
According to the will.

In the event that a parent passes away without leaving a will, inheritance will occur in the manner prescribed by law and in a strictly prescribed order. Here the children will inherit first, along with the spouse. If the deceased mother does not have a living spouse, the sole heirs will be the children or the only child.

Speaking about spouses who enter into inheritance rights, in the first place we mean the legal spouse with whom an official marriage was registered on the day of death. There is no concept of civil marriage (cohabitation) in inheritance law, and in the absence of a will, “unofficial” spouses will not be considered as heirs.

Speaking about inheritance under a will, one should also remember about such a moment as recognizing the heir as unworthy. The legislation provides for the possibility of depriving a person of his or her right of inheritance under certain circumstances and subject to a number of conditions.

If none of the legal heirs, within the period established by law, accepts the property rights and obligations remaining after the deceased relative, all property will be recognized as escheat and become the property of the state.

What is the share of the mother's inheritance after the death of Irina's son

Any person can transfer existing property to a certain person or group of people. He also has the right to transfer his property to the state.

In the case of a will, the procedure acquires the status of a unilateral transaction. All the wishes of the testator are recorded in one document.

It is important to take into account that individuals who have the right to the obligatory part are identified. These are the following persons:

Imperfect summer children
Spouse, parents and children who are unable to work for any reason
Disabled dependents.

Note! The testator may exclude one or more persons from the number of heirs without having to explain the reasons for his actions.

Parents, like other heirs, can enter into a will, or they can refuse it in someone else’s favor or without specifying a specific person.

Which persons can count on the obligatory share?

There are certain categories of the population that the state takes care of, so they can receive a share in the inheritance even if there is a will:

legal wife . Moreover, it does not matter how many years the spouses have been married, or whether she is currently able to work.
Children under 16 years of age , as well as those under 18 if they are undergoing training.
Relatives with disabilities from groups 1 to 3 .
Relatives of retirement age and disabled family members .
People who have been dependent on the deceased for more than a year.

In the absence of a will, the legal spouse will receive half of the husband's property, the rest will be divided equally among other heirs (if there are any).

If there is a will, mandatory heirs not specified in it can count on acquiring 50% of the share that they could receive.

So, after the death of one of the spouses, his property can be distributed in two ways: using a will or by law . In the first case, the shares of the property will be received by the people indicated in the document and the obligatory heirs, in the second - by members of the inheritance line.

The shares are distributed evenly between relatives, but you can refuse yours by filling out certain documents. A legal wife can also count on her husband’s inheritance, but if they lived in a civil marriage, it will be very difficult to receive even a small part of it.

What is the mother's share of the inheritance after the death of her son?

When registering inheritance rights, both by law and by will, the notary in all cases must find out whether the testator has a surviving spouse who has the right to 1/2 of the share in the common property acquired jointly during the marriage (see Article 1150 of the Civil Code of the Russian Federation) . In this case, only the share of the deceased spouse in joint property, determined in accordance with Article 256 of the Civil Code of the Russian Federation, is included in the inheritance. Based on Article 39 of the Family Code of the Russian Federation, the shares of spouses in joint property are recognized as equal, unless otherwise provided by an agreement between them.

the remaining half will be inherited equally by the mother and spouse. Thus, the total size of the mother’s share in the inheritance can be 25% of the total property.

Article 1142 of the Civil Code of the Russian Federation

Determination of the heirs of the first stage

According to existing legislation (Article 1141 of the Civil Code of the Russian Federation), if the testator does not leave special documented instructions for the transfer of his property to other persons, then it is distributed in order of priority.

The main and primary right to receive an inheritance has the people registered in the first place, namely:

husband or wife of the deceased (read more about the nuances of receiving an inheritance after the death of a spouse here).
His children.
His parents.

You can also find out who is the heir of the first stage from the video: