An apartment can be inherited by will or by law, if it belonged to the deceased on property rights. Inheritance of housing used under a lease is excluded.
People have the right to inherit an apartment by will, if their names are in this document. In the case where the shares of the heirs are not indicated, the living space is distributed among them equally.
Regardless of the contents of the will, the right to inheritance is held by minors and disabled children, a spouse, the parents of the deceased and persons who were in his care (dependency).
For the inheritance of living space, said relatives must have lived in this apartment for at least a year.
The right to inherit can be challenged. Then a relative who has appealed to the court on this occasion must prove that the will was made by a person in an inadequate state (for example, senile senility), under the influence of medications that affect the psyche or under duress.
The citizens indicated in the will, the court may deprive of the
right of inheritance, if there is evidence of their evasion from the maintenance and proper care of the testator during his lifetime.
If the will is not made, it is possible to receive an inheritance by law in eight stages.
First line: parents, spouse, children. It happens that the testator’s son or daughter dies before the opening of the inheritance or on the same day. Then their share goes to the grandchildren of the deceased, who become the primary heirs.
The second stage is the sisters and brothers of the testator, born of the same or different parents, his grandfather and grandmother. In the event of the death of sisters and brothers before the opening of the inheritance or on the same day, the heirs of the second stage are their children (by
right of representation). Relatives belonging to the second stage may
obtain the right to inheritance if there are no
heirs of the first stage.Third line - aunts and uncles. If those have died, cousins and brothers become heirs.
The fourth stage - great-grandmothers, great-grandfathers.
The fifth stage is the children of their own nieces and nephews, sisters and brothers of grandparents.
The sixth stage is the grandchildren of nieces and nephews, children of cousins and brothers, cousins and uncles (children of sisters and brothers of grandparents).
Line number seven - stepmother, stepfather, stepdaughters, stepsons.
The eighth turn - disabled citizens who were dependent on the deceased and lived with him on the same area for at least a year. These people claim the inheritance on a par with relatives. If there are none, dependents become an independent queue and share the apartment with each other.
Bidders on the same inheritance queue have equal rights.
The line of inheritance can be changed if one of the relatives was disabled at the time of opening the inheritance and was dependent on the deceased. Such a citizen applies for an apartment along with the line called for inheritance.
The right to inherit by law is a complex and largely controversial issue. In order to have a chance to inherit an apartment, one should carefully study all legal aspects.