Rus News Journal

JUrkonsultatsija: the Right to an obligatory share in the inheritance of the former spouses

the Question: a leah Can the former wife of my husband (they divorced 7 years) to apply for the inheritance if it is registered in the house of his mother? And a leah can to receive the former wife on a residence permit any inheritance if wills are not present?

Kvan Victoria Vissarionovn and

the Answer: According to article 1148 of the Civil code of the Russian Federation the citizens concerning fellow-heirs under the law, specified in articles 1143 - 1145 present Codes, invalid inheritances by the opening day, but not entering into a circle of fellow-heirs of that turn which is called for inheritance, inherit under the law together and on a level with fellow-heirs of this turn if not less than year to death nasledodatelja were on its expense irrespective of, they lived together with nasledodatelem or not. Citizens who do not enter into a circle of the fellow-heirs specified in articles 1142 - 1145 present Codes concern fellow-heirs under the law, but by the inheritance opening day were invalid and not less than year to death nasledodatelja were on its expense and lived together with it. In the presence of other fellow-heirs under the law they inherit together and on a level with fellow-heirs of that turn which is called for inheritance.

In the absence of other fellow-heirs under the law specified in point 2 of present article invalid dependents nasledodatelja inherit independently as fellow-heirs of the eighth turn.

Thus at inheritance under the law the former spouse of your husband can apply for the inheritance only in case it by the inheritance opening day (day of death nasledodatelja - the proprietor of the house) was invalid and not less than year to death nasledodatelja (the proprietor of the house) was on its expense and lived together with it.

Yours faithfully, Shilov Dmitry,
the lawyer of Independent analytical agency
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