After a difficult loss of a person - the death of the testator - usually begins a difficult legal time, which is often complicated by the successors themselves and the variety of property transferred to their property. The rumors and squabbles that arise between relatives, who have their own individual views on the inheritance of property among themselves, often accompany the process of dividing the acquired by the dead. This is because potential successors are legally illiterate. Not everyone clearly knows what you can get in your property from the deceased, and what objects are not part of the inheritance.
In order to facilitate mutual understanding between potential successors in the future, they should carefully study the composition of those objects (things) that cannot be transferred to them after the death of a relative. And it is advisable to do this in advance.
So, it is necessary to divide into categories the things inherited and those that are not part of the inheritance. Immediately after the death of a person whose property is subsequently divided, the legal division of the acquired begins. The total hereditary mass consists of things and other property, including rights and obligations.
What can successors expect?
After the death of a relative, you can get:
- All things that were the property of the testator. As a rule, this is real estate: car, cottage, apartment, land.
- Things in relation to which the deceased had another property right. Perhaps there was land registered in a lifetime possession with the possibility of further inheritance or easement.
- Securities: stocks, bonds, bills, savings books, checks and more. But it is worth remembering that this category may not always be transferred to successors. For example, if a potential shareholder misses the legislative deadline for their execution in their own name, they will be distributed among other shareholders. Therefore, it may happen that the shares are not part of the inheritance if the deadline for their re-registration is missed.
- Property rights that a citizen has after proper legal registration with respect to any property, as a result of which he has the right to own, use and manage it. For example, it can be a share in a consumer cooperative, a share in a joint-stock company, and so on. It is important to remember here for any potential heir: property obligations, that is, actual debts, are inextricable from rights. If they were with the deceased, then they also pass to the heirs. For example, an alimony debt accumulated during life should be paid by the person who accepted the property of the deceased, but alimony obligations are not part of the inheritance.
- Other material items. As a rule, this category includes objects of intellectual activity of the deceased (phonograms, recordings of performances, etc.), in other words, these are copyrights.
All these categories of inherited objects have one general rule: any thing or object that is inherited should belong to the testator on the basis of ownership, which can be proved by some document (extract from the Unified State Register of Legal Entities, certificate of ownership , etc.).
When making a will, a person can certainly include anything in it, the main thing is that it be part of his property.
Non-inheriting objects
However, there are exceptions that cannot legally go to the copyright holder after the death of a relative. Learn more about this.
Individual rights and obligations
These are rights and obligations that were closely related to the personality of the deceased. For example, a deceased pensioner who had a disability after death cannot transfer the right to a pension to other persons. The right to alimony, as well as the right to be a party member or the right to enjoy official privileges (position), the right to various benefits.
Here is another example: a sponsor promised financial support to a person who soon died, the promised money will not be inherited. If the deceased paid the loan, then his loan obligations after death are not transferred to relatives, unless his successor in repaying the loan was not explicitly specified in the loan agreement. Pays the one who accepts the inheritance, and only in the amount in which he accepted it. If the copyright holder refuses the property, the credit institution (bank) independently repays the balance of the debt.
Also, rights and obligations, the transfer of which is prohibited by law, are not part of the inheritance. In particular, the transfer of state awards to relatives.
Personal non-property rights
Rights that belong to a citizen from birth to death are not part of the inheritance. These are such types of rights as: to life, to health, to the inviolability of the person and private life.
Other intangible goods
The intangible goods belonging to the deceased, which he used according to the Constitution, are not part of the inheritance. For example, being a citizen of the Russian Federation - the right to unhindered movement throughout its territory, the right to choose a place of residence, etc.
Everyday household items, dishes, household utensils and books are not part of the inheritance. All this goes to relatives and close people with whom the deceased lived and used it together with them. In this case, relatives can share such things among themselves, or maybe they will leave it in the place where the deceased lived.
Rights to ensure a specific person
For example, the right to alimony, pensions, benefits and other social payments are not included in the inheritance .
As noted earlier, for the transfer of property by inheritance, the main criterion is the ownership of it. Otherwise, transferring it to the copyright holders in the law will not be possible.
A vivid and common example can be given. During his lifetime, the testator arbitrarily carried out the construction, not agreed with the local administration, or seized part of the ownerless land and did not properly register it in his property. Unfortunately, this property cannot be inherited.