Who is included in the circle of close relatives under federal law?

Family law

According to family law, close relatives include relatives in a direct line, which can be either ascending or descending, as well as along a horizontal line.

Specifically they are:

• parents;
• children;
• grandmother and grandfather;
• grandchildren;
• brothers and sisters. Both full-born (having a common father and mother) and half-parent (only one parent is common).

The principle of common blood underlies close kinship. As for the spouses... Although there is no blood relationship between them, according to the family code, spouses are also called family members.

The circle of close relatives determined by federal law - Legal educational program

According to the Family Code of the Russian Federation, close relatives have an almost undeniable right to accept the inheritance of a deceased blood relative. In the case of inheritance, the concept of these persons is framed somewhat differently.

First-degree relatives are: spouse, children, including adopted children, and parents of the deceased. This is a comprehensive list by law.

Grandparents, brothers and sisters, who are classified as close relatives by the Family Code of the Russian Federation, are called upon to be part of the second line of heirs by law during inheritance.

Differences in concepts in branches of law The concept of close relatives is also found in other branches of law. In contrast to the “Family Code of the Russian Federation,” criminal legislation, with its separate provisions, classifies the husband and wife, as well as their blood relatives, as close relatives.

Same-sex marriage is prohibited under threat of criminal penalties.

Former spouses Former spouses, as a rule, do not have any rights in relation to each other, only if their property legal relations are resolved among themselves according to an agreement or a court decision.

Grandmother Although grandmother is considered one of the close relatives, she is not recognized as such for inheritance purposes.

Thus, the grandmother is classified in the second line of inheritance, which occurs only in the absence of the grandmother’s children, her spouse, etc.

Grandfather To determine the status of a grandfather, one must follow the same rules as in the case of a grandmother.

Grandson Although, according to family law, grandparents and grandchildren are recognized as close relatives, for the purposes of inheritance they are not considered as such.

They can become heirs only by will, by second priority, or by the rule of hereditary transmission.

Close relatives

New innovative methods will allow us to solve it today. True, you will still have to run around and collect a lot of information. First of all, you will need to find at least some documents confirming the degree of relationship.

It is best to contact the registry office. It may be located in another region or country, but the answer, as a rule, always comes along with copies of documents available there.

There is still an opportunity to go to court at your place of residence and try to draw up a competent statement of claim that will help convince the judge. Only here you can’t do without some supporting documents. True, now there is an opportunity to do a DNA examination.

With its help, it is not difficult to prove your relationship, even if it is not only brothers and sisters, grandparents, but also other first and second cousins.

Who are considered close relatives according to Russian law?

Brother's wife or wife's brother Wives and similar categories of relatives generally do not correlate with the corresponding people. During the succession procedure, they are not assigned to any line of succession.

They can act as heirs only in a situation if they are recognized as dependents of the person concerned. Attention Close relatives and family members When it comes to close relatives in real life, different people can classify all sorts of people as this type of person.

However, this problem occurs not only in life. Thus, the legislation also does not have an exact opinion on who is the closest relative and who is not. The most precise definition is given by civil legislation in terms of designating the order of succession of heirs.

Thus, the Civil Code of the Russian Federation classifies as close relatives those persons who are included in the first and second lines of succession.

Relatives by law: close relatives according to the Family Code of the Russian Federation

In other cases, if the testator left a will in which he indicated that the heirs were “close relatives”, but did not indicate specific persons, the husband or wife of the testator may find himself without a share, since by law he does not belong to this category. But the given list of legal relations that follow from the concept of close kinship is far from complete. The concept of kinship from the point of view of law is complex and ramified.

In this article we will look at who is called a close relative by the legislation of the family, labor, housing, administrative and criminal branches of law.

Close relatives and family members Oddly enough, in Russian legislation there is no uniform idea of ​​kinship relationships.

Each branch of law categorizes different individuals as close relatives.

Close relative by law

Summing up some results, I would like to say that there are still a lot of shortcomings in this issue. Many people become close relatives, but are not considered such by law.

Vague formulations such as “family members” are not always satisfactory and often go against the realities of life.

To date, there is no clear definition of close relatives, despite the fact that certain amendments have been made to certain articles of various codes regarding this issue.

There is hope that we will still be able to resolve it and draw up a clear list so that so many controversial issues do not arise. Tell your friends! Write about this material on social networks using the buttons below.

Criminal procedural and criminal correctional legislation

It is already clearly stated here that close relatives include:

• spouse);
• father and mother;
• son and daughter;
• adoptive parents;
• adopted;
• brothers and sisters, and relatives;
• grandparents;
• grandchildren.

It is noteworthy that Article 51 of the Constitution of the Russian Federation refers to this concept of “close relatives”. It reads: “No one is obliged to testify against himself, his spouse and close relatives, whose circle is determined by federal law.” In this case, federal law means the Criminal Procedure Code of the Russian Federation.

The Code of Criminal Procedure of the Russian Federation separately stipulates the conduct of procedural actions with the participation of close people. For example:

• The interrogation of a minor is carried out only in the presence of his legal representative (parent).
• A citizen has the right not to testify against a relative in court and during investigative actions.
• Legal spouses, as well as blood relatives, have the right to visit their loved one in a correctional facility. While it is difficult for a cohabitant or another person to get a date.

Who is included in the circle of close relatives under federal law | Firm of law

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Grandfather To determine the status of a grandfather, one must follow the same rules as in the case of a grandmother.

Inheritance by law: which family member is the first-degree heir?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

In the Tax Code, close relatives are considered by law completely separately. When registering a deed of gift, all family members and closest relatives (donor and recipient) are exempt from tax payments.

The state fee for notary services for drawing up and certification of documents in this case is reduced.

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Who is classified as close relatives in various branches of law

Who is considered a close relative under the Labor Code? The definition of close relatives in the field of labor law causes a lot of controversy.

The concept of close relatives in the legislation of the Russian Federation The presence of close family relationships plays an important role in solving many legal problems.

If the parents (one of them) do not obey the decision of the guardianship and trusteeship authority, close relatives of the child or the guardianship and trusteeship authority have the right to file a lawsuit to remove obstacles to communication with the child. The court resolves the dispute based on the interests of the child and taking into account the child’s opinion.

In everyday life, people call any people their loved ones, even those who are not such by law. However, for legal processes, the criteria by which the law determines close relatives are more important.

Definition of the concept of “close relatives” according to the legislation of the Russian Federation

Heirs belonging to the same line have equal shares except for persons inheriting by right of representation (Article 1146 of the Civil Code of the Russian Federation).

A person who may be aware of the circumstances of the case to be established may be called as a witness in a case of an administrative offense.

If the parents (one of them) refuse to provide the child’s close relatives with the opportunity to communicate with him, the guardianship and trusteeship authority may oblige the parents (one of them) not to interfere with this communication.

Determining the degree of relationship plays an important role when registering an inheritance. One of the basic issues is the order of inheritance. Heirs of the 1st line have priority over other applicants. An equally important area is the amount of state duty, which is calculated based on the degree of relationship and the value of the property.

Let us consider who is a close relative in more detail from the point of view of the Family Code of the Russian Federation. Sometimes knowledge of the principles by which in certain cases persons are defined as relatives is very important. What are the costs of inheritance disputes and issues of deeds of real estate and valuable property!

They are no longer family members and do not have the special privileges that the law grants to spouses.

Federal law may establish other cases of exemption from the obligation to testify.

That is why marriage relationships and any forms of close relationships are strictly prohibited between adoptive parents and adopted children, except for relationships at the “parent-child” level.

Federal law may establish other cases of exemption from the obligation to testify.

The guardian, trustee, their spouses and close relatives do not have the right to enter into transactions with the ward, with the exception of the transfer of property to the ward as a gift or for free use, as well as to represent the ward when concluding transactions or conducting legal cases between the ward and the spouse of the guardian or trustee and their relatives relatives.

The circle of close relatives determined by federal law

In accordance with Article 14 of the RF IC, which defines the concept of “close relatives” (hereinafter BR). From the text of the article we can draw the following conclusion:

• a family whose members can be classified in a direct ascending (parents and children, grandparents) and descending line (grandchildren). In simple terms, a close relative is the relationship between a child and his mother, father, grandmother and grandchildren, etc. The number of relatives of this type is small; you must admit that now few people can say at an adult age that they have a living great-grandmother or great-grandfather.
• This also includes fertile (both parents are common) and infertile (having a common father or mother) brothers and sister.

The dependence of the degree of relationship is clearly manifested in the amount of the state duty in accordance with Art. 333.24 Tax Code of the Russian Federation. The amount of taxation depends on the proximity of family ties as follows:

1. Heirs of the 1st and 2nd stages pay 0.3% of the value of the testator’s property, but not exceeding a maximum of 100 thousand rubles.
2. All other categories – 0.6%, but not more than 1,000,000 rubles.

Not only these individuals can be part of one unit of society. Any person who has been moved into the corresponding apartment as a permanent resident is recognized as a member of his family. In addition, such persons are recognized as dependents if they are such.

Close relatives have greater privileges in terms of law compared to ordinary family members.

The concept of close relatives in the legislation of the Russian Federation

Thus, despite the ambiguities in determining the degree of relationship between husband and wife, the legislation considers the legal status of spouses in sufficient detail. Former spouses Former spouses, as a rule, do not have any rights in relation to each other, only if their property legal relations are resolved among themselves according to an agreement or a court decision.

If, when drawing up a document, the rights of the specified persons are not taken into account or they did not exist at the time of its preparation, then such a document can be challenged in court. For example, if at the time of opening the inheritance the heir, who is entitled to an obligatory share, contacts the notary.

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

Close relatives pay only 3% (no more than 100 thousand rubles), the rest - 0.6% (no more than 1 million rubles). Are close relatives... ...husband and wife Special attention should be paid to the status of spouses; according to family law (Article 14 of the RF IC), husband and wife are not close relatives, since they are not related by blood.

The conclusion of an agreement is regulated by Chapter 32 of the Civil Code of the Russian Federation, as well as the norms of Family and tax legislation.

In the civil legal framework, the concept of “immediate relatives” is most often used in connection with inheriting something.

I never thought that wife and husband were not close relatives. We encountered this problem only in court, during the division of property. Whatever you say, you need to study the legislation before you encounter a problem.

First-degree relatives are: spouse, children, including adopted children, and parents of the deceased. This is a comprehensive list by law. Grandparents, brothers and sisters, who are classified as close relatives by the Family Code of the Russian Federation, are called upon to be part of the second line of heirs by law during inheritance.

If it turns out that there is a closely related relationship between the spouses, this will entail legal consequences. To confirm this fact, it is necessary to collect evidence and present it to the court. The court, relying on Article 14 of the Family Code, will make a decision to declare the marriage union invalid.

Thus, the presence of documented family relationships plays an important role in the legal life of people. The list of close relatives with whom you cannot marry, according to the Family Code, is complete. Russian law is more liberal on this issue than the laws of many Western democracies.

How to correctly write and execute a will for a residential apartment and its shares between relatives, what are its pros and cons? The procedure for collecting child support: who carries it out, on the basis of which article of the Family Code?

Many disputes about family relationships arise in the Labor Code. By law, in the event of the death of loved ones, the employer is obliged to provide the employee with leave for five calendar days. The circle of people who have this right is regulated by the RF IC. However, the death of other members, for example, cousins, aunts, uncles, is an important event, but they do not belong to the immediate family.

From the point of view of criminal law, all of the above citizens are interested in each other’s fate and are not obliged to give testimony that could harm a loved one.

Close relatives - who are they according to the law?

The Constitution states that legally close relatives should not be involved as witnesses or otherwise in actions directed against the accused. This rule is enshrined in Article 51 of the Constitution of the country and is the inviolable right of every citizen.

The article of the law states that the code considers one type of family characteristic of modern society. This is a nuclear (partner) family. Its basis is not the blood connection between generations of relatives, but the relationship between spouses. To paraphrase a famous slogan, this type of family can be defined as follows: “Mom, dad and I - a nuclear family.”

First-degree relatives are: spouse, children, including adopted children, and parents of the deceased. This is a comprehensive list by law.

Source: https://studnvuz.ru/podgotovka-dokumentov/9223-kto-vkhodit-v-krug-blizkikh-rodstvennikov-po-federalnomu-zakonu.html

Legislation on social insurance

Domestic legislation establishes the right to receive a funeral benefit if it was provided at the expense of a spouse or close relative.
To pay it, you must write a corresponding application and present it along with the death certificate:

• to the Russian Pension Fund, if the deceased received a pension there;
• employer;
• to the social security department, if the deceased was not insured by the Social Insurance Fund;
• to the Social Insurance Fund, for example, in the event of the death of a minor.

In addition, some employers provide financial assistance in this case.

Housing legislation

The term in question is completely absent in housing law. At the same time, the concept of “family member” is widely used. It is family members who are subject to rights and responsibilities under housing legislation. These include:

• spouse),
• children
• the owner's parents.

In this case, the owner has the right to move in (register) someone else as a family member. It turns out that a family member can be either a relative of the owner or a complete stranger .

Inheritance by law

If a will is not left, the inheritance is transferred according to the law. Civil law establishes the order of inheritance.

• The first priority includes : children, spouse and parents of the testator. Grandchildren and their children can also get in first. How is this possible? For example , a grandmother dies, whose only son died before that. Her husband died long ago. But the grandmother still has a grandson. Then he is the heir of the first line.
• Second priority : brothers and sisters of the testator (both full and half-blooded), his grandparents (on the father’s and mother’s sides). Nephews and nephews receive an inheritance if their parents died before or at the same time as the testator.
• Third priority : uncles and aunts of the testator.
• Subsequent lines include: great-grandparents, great-grandchildren, cousins, great-uncles and grandmothers, great-great-grandsons and great-granddaughters, cousins, nephews and nieces, great aunts and uncles. That is, these are relatives of the third, fourth and fifth degrees of kinship. And finally there are the stepson and stepdaughter, stepfather and stepmother.

Thus, civil legislation in the right of inheritance brings spouses and blood relatives to the forefront.

Who is included in the circle of close relatives under federal law | Legal Advice

Various regulations establish the concept of close relatives for a certain branch of law.
Therefore, the composition of close relatives directly depends on the law enforcement situation. The situation of parents deprived of legal rights in relation to their children, in most cases, means their exclusion from the circle of close relatives. For example, according to Art.

1117 of the Civil Code of the Russian Federation, such a parent does not have the right to inherit the child’s personal property. But these restrictions apply only unilaterally, which is confirmed by clause 4 of Art.

71 of the RF IC, according to which children of a deprived father and/or mother retain the right to the property of an unscrupulous parent and other close relatives along his line (in case of inheritance by law - from grandparents, aunts and uncles).

In everyday life, we hardly think about who our close relatives are. We call close - all blood and step-relatives from the same generation, as well as from the older or younger generation.

Close relatives according to the civil code

Thus, despite the ambiguities in determining the degree of relationship between husband and wife, the legislation considers the legal status of spouses in sufficient detail.

Civil Code of the Russian Federation. In this case, spouses, as well as adoptive parents and adopted persons are members of the same family in relation to each other.

Criminal law Within the framework of criminal law, subject to the procedural norms of conducting a case, there are also some features in determining the circle of persons who can be considered relatives. Art.

5 of the Code of Criminal Procedure of the Russian Federation among them indicates spouses, parents, children, adoptive parents and adopted children, siblings, grandchildren, grandparents.

In the Tax Code, close relatives are considered by law completely separately. When registering a deed of gift, all family members and closest relatives (donor and recipient) are exempt from tax payments. The state fee for notary services of drawing up and certification of documents in this case is reduced.

If the testator did not leave a will, then the distribution of his share of the property will depend on who the close relatives are according to the law. 7 queues are installed here. The inheritance is distributed in descending order. The diagram looks like this.

The rules of inheritance are regulated by Art. 1142–1145 and art. 1148 of the Civil Code of the Russian Federation. Inheritance according to the law of the next order occurs if:

• there are no heirs of the previous level;
• if the applicants are deprived or excluded from the right of inheritance;
• if all of the candidates refused to accept the inheritance.

Administrative legislation includes the list of close parents/adoptive parents, natural/adopted children, brothers/sisters.

Determining close relatives is not difficult in everyday life, since people usually consider all blood and step-relatives from the same generation or from the closest generations to be close.

In the absence of a will, the inheritance is based on the degree of relationship.

Therefore, the question of whether the deceased relative is close and how legitimate the claims to his property will be is one of the most pressing for potential heirs.

When it comes to family relationships from the point of view of morality and ethics, everything is clear to ordinary citizens without any comments on this matter - each person determines his own circle of people close to him.

Who is considered a close relative from the point of view of the law?

Everyone puts their own meaning into such a concept as “close relatives,” which is obvious at first glance, guided by personal considerations or generally accepted opinion.

But legal implementation needs clearer terminology, and from a legal point of view, the category of close relatives includes a circle of persons strictly defined by current legislation.

Legal consequences arising from close kinship If everything is clear with the list of subjects who are close relatives under the law, then it is necessary to understand whether there are any mutual rights and obligations between them, and if so, what consequences can be discussed in case of non-compliance obligations imposed on these persons.

Let's consider who is the next of kin according to the Code of Criminal Procedure. This:

• spouse;
• parent;
• adoptive parent;
• grandfather grandmother;
• child;
• adopted/adopted;
• grandson;
• sibling.

In the legal field, accuracy of wording is of great importance, so it is important to clearly define the categories of persons who belong to close relatives.

Close relatives and dependent persons

This group includes cousins. That is, the descendants of the brothers/sisters of a particular citizen. Also included are great-grandparents and great-grandchildren. But in addition to the simple, philistine idea of ​​kinship relationships, there is an official, legal definition of this phenomenon.

Also, during the trial, it would be useful to learn that the Constitution and the Criminal Code of the Russian Federation give the right to refuse to testify against oneself, one’s spouse and close relatives. Police officers are obliged to notify them, that is, their relatives, when a suspect related to them is detained. Relatives need to know where they are.

Who is legally a close relative?

The concept of kinship from the point of view of law is complex and ramified. In this article we will look at who is called a close relative by the legislation of the family, labor, housing, administrative and criminal branches of law. In Russia, it is customary to consider persons who live with them as close relatives, i.e.

e. one family. The law also does not have a clear answer. Regulatory acts give different interpretations. Therefore, different concepts are used depending on the specific situation. The definition of kinship becomes relevant when registering a marriage or registering an inheritance. Let's consider who, according to the law, are close relatives.

In the Housing Code in Art. 31 only the concept of family members is found. The homeowner can move anyone into his living space, the degree of relationship and marriage do not matter. Family members include children, parents, and second spouse.

In Art. 14 of the Family Code of the Russian Federation, blood relatives in ascending and descending lines and sisters and brothers (if there are one or two common parents) are called close.

Spouses, although they are not relatives in the literal sense of the word, are endowed with a special status and classified as family members in accordance with Art. 2 of the mentioned code on an equal basis with parents and children.

Officially recognized children have a similar position in relation to their adoptive parents and vice versa.

The definition of the concepts “close relatives” and “close persons” is contained in Article 5 of the Code of Criminal Procedure of the Russian Federation. Today they are subject to sharp criticism. The wording of these norms leads many scientists and practitioners to believe that the drafters of the Code of Criminal Procedure of the Russian Federation ignored the existence of family legislation.

N78-FZ, close relatives are exempt from the need to pay income tax to the state on property received by will or under a gift agreement, the question arises of a more precise determination of the degree of relationship. A gift agreement concluded with a close relative does not require notarization and payment of income taxes, but you will have to pay property tax.

For example, the order of inheritance by law assumes that the priority applicants for inheritance are close relatives belonging to the first and second lines of inheritance.

In other cases, if the testator left a will in which he indicated that the heirs were “close relatives”, but did not indicate specific persons, the husband or wife of the testator may find himself without a share, since by law he does not belong to this category.

Due to the provisions of the Family Code, immediate relatives cannot marry. Between spouses there is a relationship not of kinship, but of property, since a marriage union is concluded between husband and wife.

Consequently, the relationship between the spouse and the relatives of his other half, as well as the relationship between the relatives of both parties, are not considered family, blood. They are due to the fact that two people have entered into a civil agreement between themselves to create a family.

They are, relatively speaking, relatives “under duress,” out of necessity. They are called "in-laws".

But according to Article 31 of the Housing Code of the Russian Federation, members of the homeowner’s family are husband and wife, children and parents. In addition, the owner has the right to move into the residential premises any person, even if he is not related to him by family ties. And this person will be recognized as a family member.

Family law does not include spouses in the circle of close relatives, classifying this type of connection between people as a separate category of family legal relations. Many disputes about family relationships arise in the Labor Code.

By law, in the event of the death of loved ones, the employer is obliged to provide the employee with leave for five calendar days. The circle of people who have this right is regulated by the RF IC.

However, the death of other members, for example, cousins, aunts, uncles, is an important event, but they do not belong to the immediate family.

After adoption, children lose the opportunity to claim the material benefits of the deprived parent and his blood relatives. But the desire of the father or mother, who has retained their legal status, may leave in force the right of inheritance and the child’s obligations in relation to the “unworthy” parent (Article 137 of the RF IC).

But from a legal point of view, the concept of kinship has a more complex and ramified interpretation. We will consider further who are close relatives according to the Family Code and other legislative acts.

Thus, according to Article 1142, the heirs of the first priority by law are: children, spouse and parents of the donor or testator. At the same time, their grandchildren inherit the right of first priority in the event of the death of their children.

Due to the lack of blood ties, such citizens are not included in the family. Father-in-law/mother-in-law, father-in-law/mother-in-law, son-in-law/daughter-in-law are not relatives. But they are such to one of the spouses.

Source: https://newsbarnaul.ru/obshhestvo/7196-kto-vkhodit-v-krug-blizkikh-rodstvennikov-po-federalnomu-zakonu.html

Inheritance by will

In this case, not only relatives can receive property. At the same time, the legislator protects the interests of close relatives, leaving them a mandatory share in the inheritance. Such citizens include:

• minor or disabled children of the testator;
• his disabled spouse and parents;
• disabled dependents of the testator.

It is impossible not to mention these people in the will. As you can see, blood relatives are also present here.

What influence does the degree of relationship have on the making of a will?

A person can include any person in a will; everything depends on the wishes and will of the testator and is not limited by the degree of family ties.

However, even under a will, the following persons cannot be excluded from heirs:

• Incompetent parents.
• Minor children.
• Incapacitated spouse.

This group of people must necessarily receive a part of the inheritance in the amount of ½ of the share that would be due to them by law. Even a will is not able to circumvent the interests of these citizens.

The testator's relatives can challenge the document if there are any claims and evidence of violations in the drawing up of the will. About the degrees of relationship further in the infographic:

Tax law

Question: Why is it so important to distinguish between close relatives and other categories of citizens in tax law?

The answer is simple: the first to receive certain preferences.

Income received by close relatives as a gift, as well as by family members, is exempt from taxes. The location of the donor - Russia or abroad - does not matter.

To determine the listed circle of persons, the Tax Code of the Russian Federation makes reference to the Family Code.

This tax privilege applies to transactions concluded between:

• spouses,
• parents and children,
• adoptive parents and adopted children,
• grandfather, grandmother and grandchildren,
• full and half brothers and sisters.

When donating an apartment, for example, from a grandmother to a grandson, personal income tax is not paid. If other persons are involved in the transaction, be it a mother-in-law, cousin or sister, then when receiving property as a gift they are required to pay personal income tax.

In addition, depending on the presence of family ties, the size of the state duty for issuing a certificate of inheritance by a notary differs:

• for children, including adopted children, spouse, parents, full brothers and sisters of the testator, it is 0.3% of the value of the inherited property , but not more than 100,000 rubles;
• for other heirs - 0.6% of the value of the inherited property, but not more than 1,000,000 rubles.

Plus, financial assistance for funerals paid to family members and close relatives is not subject to personal income tax.

Taxes depending on degree of relationship

No matter how strange it may sound, the amount of state duty depends on the proximity of family ties. According to Article 333.24 of the Tax Code of the Russian Federation, the amount of tax looks exactly like this:

• Heirs of the 1st and 2nd order pay a tax in the amount of 0.3% of the price of the heir's property, but should not exceed 100,000 rubles.
• Other categories - 0.6% of the cost, but not more than 1,000,000 rubles.

If there are legal proceedings, taxation directly depends on the size of the claims. Accordingly, the greater the amount of the claim, the greater the tax amount. If the amount requested by the plaintiff exceeds the asking price, then the plaintiff pays a clearly stated rate and a percentage of the amount.

Now let's focus on individuals

Sisters and brothers

As can be seen from the previous analysis, full and half-sisters and brothers are united by close kinship in the legal sense.

Half-brothers and sisters are not close relatives.

Grandmothers and grandfathers

They are recognized by law as close relatives. The grandmother is a close relative by law to the grandson in the same way as the grandfather. After all, there is a blood relationship between them. Therefore, grandchildren can claim the inheritance of their grandparents. In the absence of a will to transfer all property to a grandson, he can claim the right to it in order of priority after the death of his grandmother (grandfather).

Mother-in-law with father-in-law and father-in-law with mother-in-law

A mother-in-law with a father-in-law in relation to a son-in-law and a father-in-law with a mother-in-law in relation to a daughter-in-law are united by a relationship of property, but not kinship. At the same time, they can be considered family members.

Stepfather and stepmother

They will be close relatives of the child only if they adopt him. Otherwise, the law of kinship does not recognize them.

Aunts and uncles, nephews and nieces

These are not classified as close relatives by law. However, they are not prohibited from inheriting in third order.

Who can be considered close relatives?

Close relatives are descendants in a direct line of consanguinity. In order to understand who really belongs here, let’s take a closer look at several groups of people.

Are husband and wife close relatives?

According to Article 14 of the RF IC, spouses are not close relatives, but are characterized as family members (Article 2 of the RF IC). While married, spouses are first-line heirs in relation to each other. But, after a divorce, this right ceases to apply.

Are grandparents considered close relatives?

Yes, they are close to a daughter or son, grandson or granddaughter, and are recognized as such in any of the codes of the Russian Federation.

Is a sibling a close relative?

Only some codes classify sisters as relatives (IC of the Russian Federation and Code of Administrative Offenses of the Russian Federation). And they go as heirs of the second line. Sisters include:

• Sisters with two parents in common.
• Sisters with the same parent.
• Children who were adopted by the blood parents of the testator.
• Children who were adopted by the people who adopted the decedent.

Who is not considered a sister:

• Children who have been taken into the care of foster parents.
• Stepdaughters of the testator's adoptive parents.

Do mother-in-laws belong to close relatives?

After a son marries, his mother becomes his wife's mother-in-law. The daughter-in-law and mother-in-law are not related.

Can an uncle be a close relative?

In relation to nephews, uncles are not considered close. They go as heirs of the 3rd stage and must pay state duty (0.6% of the property received).

Sibling - close relative?

Only half-brothers and half-brothers are considered siblings. They belong to the 2nd category of inheritance.

Are cousins ​​close relatives?

Cousins ​​are not considered relatives and do not have the right to inherit. Their parents have this right.

Can grandchildren be relatives?

Here you need to understand, since according to the Code of Administrative Offenses and the Code of Criminal Procedure of the Russian Federation they are classified as close. And if we take the Civil Code of the Russian Federation, then they do not have the right of inheritance independently in relation to the testator.

If the direct heir of the first line dies before the testator, then the grandchildren can inherit his part of the property as representatives.

Is the father-in-law a close relative?

After a daughter marries, her father becomes her husband's father-in-law. The father-in-law and husband are not close relatives and do not have the right to inherit.

Marriage

The wife is not a close relative of the husband. They are members of the family they created. The registry office will refuse to register a marriage for persons who are related, as well as for adoptive parents and adopted children.

However, the property and special legal regime of joint property are established between the spouses. Each of them claims to share property after a divorce. The spouse, among the children and parents, is ranked as the heir of the first priority by law. Spouses are equal parents for their families. In relation to spouses, issues of restriction or deprivation of parental rights and payment of child support are resolved.

Housing law provides for the right of one spouse to use the housing of the other for some time, subject to certain conditions.

After the divorce, the spouses are no longer family members and lose legal privileges.

Who is not considered close relatives

There are certain categories of people who are not close relatives to each other. There are three groups of such citizens. Let's look at it in detail.

A group of people who are considered related through blood ties, but are not classified as close relatives:

• Cousins/brothers.
• Great-grandfathers\great-grandmothers.
• Great-grandchildren/great-granddaughters.
• Aunt Uncle.
• Nephews/nieces.

A group of people who are relatives of a spouse:

• Mother-in-law/father-in-law.
• Mother-in-law/father-in-law.
• Daughter-in-law/son-in-law.

A group of people who perform the duties of relatives, but legally do not belong to them:

• Guardians.
• Common-law spouses.