Inheritance by second cousins, as well as between half-brothers and sisters: what order of heirs are they in, do they have the right to claim the inheritance if they are included in the will of the deceased, as in

Intestate inheritance after the death of a brother

Inheritance by law is based on the relationship between the deceased and the recipient of the property. The order of transfer of rights is divided into lines of kinship.

Brothers and sisters are heirs of the second stage.

That is, they can claim a share in the property of the deceased only if all the heirs of the first priority refused the inheritance, missed the deadline for registration, did not begin to formalize it, or they simply do not exist.

The key to inheritance is confirmation of family ties. That is, in order to receive an inheritance after the death of a brother, it is necessary to document this fact.

So, for the purpose of receiving an inheritance, a brother or sister of the deceased is considered by law to be a child of one of the parents of the deceased. Moreover, the father or mother of the testator had to establish a family relationship with him through the registry office. Thus, not only blood, but also adopted children of common parents fall into the category of brothers and sisters.

Direct heirs after the death of a brother

In the event of the death of a brother, the heirs of the first priority according to law are:

Mother and father. The exception is the situation when parents were deprived of parental rights in court and did not restore them until the child turned 18 years old.
Children and grandchildren (natural and adopted). If the brother's child died before his death, then the right to the share passes to the grandchildren of the deceased. A prerequisite is the establishment of an official relationship. If the deceased parent did not register the relationship in the registry office, then paternity (maternity) will have to be confirmed posthumously through the court.
Official wife. The right to inheritance remains with the spouse from the moment of registration of marriage until the moment of registration of divorce.
Disabled dependents. Minors and disabled relatives or strangers who lived with the deceased and were supported by him for more than 1 year can also claim a share in the property on an equal basis with their closest relatives.

Each of the heirs by law has the right to an equal share of the inheritance. That is, all property is divided equally between all relatives who have declared their rights to the notary.

Step-siblings

Half-siblings are children who share only one parent in common. They are endowed with all the rights and responsibilities of full brothers and sisters.

To receive an inheritance, it is necessary that the relationship of each child with a common parent be confirmed in the registry office.

Example No. 1. In his first marriage, Ilya had a daughter, Valentina. In the second - son Sergei. Since the children were born in an official marriage, Ilya was listed as the father in the registry office.

Accordingly, Sergey and Valentina are half-brother and sister and have the right to inheritance in the event of the death of one of them (if there are no first-line heirs).

Example No. 2. In marriage, Victor had a daughter, Ulyana. After the divorce, the man cohabited with Irina without registering his marriage. They had a girl, Sasha. The man did not register paternity.

Accordingly, Ulyana and Sasha are actually half-sisters, but officially have no right to each other’s inheritance.

Dependent's share

A brother or sister may be included in the first-degree heirs if they were recognized as dependents of the deceased. To be considered a dependent, a brother or sister must:

be a minor, disabled or pensioner;
be supported by a deceased brother or sister for more than 1 year.

They do not have to live together for 1 year. It is enough to present evidence that the deceased regularly transferred funds or bring a witness who will prove that the deceased regularly brought food and bought clothes.

To receive a share as a dependent through a notary, it is necessary to present an order appointing guardianship, that is, the heir must be under the guardianship of the testator.

In other cases, confirmation of being in custody can only be done through the court.

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State duty calculator for inheritance

Samples of inheritance documents

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Subtleties of the process

As heirs by law or will, it is important to remember that:

The period for entering into inheritance is only 6 months. During this period, it is necessary to accept the valuables in one of the possible ways: by submitting an application to a notary (in person, through a proxy or by mail); actually taking over the management of the property. The missed period can be restored only with the consent of the remaining heirs, executed in writing, or in court if there is a good reason for the violation.
The inheritance mass may include not only valuables, but also debts. You can submit an application for refusal to the notary at the place where the inheritance was opened. It is important to take into account that the waiver is made from all property, and not just from debts and obligations.
When inheriting an indivisible thing, it is considered that everyone inherited its share in monetary terms according to the market value. The procedure for using a thing is determined by agreement of the parties or in court. An item may go to one of the heirs if he compensates parts of its value to others.
If the property is in common shared ownership, its division can be made by agreement.
Heirs who committed deliberate illegal actions aimed at acquiring the entire inheritance or part of it, interfered with the expression of the will of the owner, are recognized as unworthy in court and are deprived of their rights.

Brothers can be very close during their lifetime. But the material benefits of one of them will not be transferred to the other if there are children, a wife, or parents. The only way to leave valuables to another person is to make a will.

The claimant to the property of the deceased must remember that he is given a 6-month period to accept the inheritance. It is important to have time to contact a notary, write a competent application, collect a package of documents, and confirm the basis for entering into an inheritance. All this can be done without spending time on independently studying the rules of inheritance by turning to the lawyers of the website ros-nasledstvo.ru for help. Coordination of actions on issues of interest will help you obtain your brother’s property and convincingly prove your rights to your relatives.

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How to receive an inheritance under a will after the death of a brother?

To become an heir under a will after the death of a brother, you do not need to confirm your relationship. If the heir is indicated in the will, then it does not matter whether the relationship is properly established.

However, when paying the state fee to a notary, brothers and sisters have a benefit. They pay 0.3% of the value of the property received. While other recipients pay 0.6% of the value of the inheritance.

To take advantage of the benefit, the heir must present documents confirming the relationship. Thus, if documents are missing, the heir cannot take advantage of the benefit. But this does not deprive him of the right to receive inherited property as a whole.

According to the will, the brother receives the share that the testator assigned to him. It can be either more or less than required by law.

Availability of a mandatory share

A brother may claim a mandatory share in the following cases:

at the time of the deceased's death he had been under his care for 1 year;
at the time of the deceased's death he was incapacitated and was supported by him.

As a compulsory heir, the brother can claim ½ of the share that he would have received without a will.

Terms and time of entry into inheritance under a will after the death of the testator

Does an ex-wife have the right to inherit after the death of her ex-husband?

Can a brother claim his brother's inheritance?

If the heir is a brother, all rules regarding the acquisition of property apply to him in the same way as to a sister. Between them, values are divided in equal parts by law or will, if in the latter the shares of each were not determined.

Example. The family consisted of an elderly man, two brothers and an adopted daughter. After their father's death, they inherited the house, which was divided between them in equal parts (1/3 each). After some time, one of the heirs dies. He bequeathed ½ of the property to his cohabitant (that’s 1/6 of the house), and the other half was legally inherited by his brother and sister. They get 1/12 of the share of the house left behind.

By hereditary transmission

The parents of the deceased are the heirs of the first stage. But if the parent dies within 6 months after the death of the child, without having time to submit an application to the notary for acceptance of the inheritance, then the share of the deceased child passes to the heirs of the parent through hereditary transmission.

That is, if the brother died, and the mother or father did not apply to the notary and also died, then the share intended for the deceased parent will go to the brother or sister.

Example. Oksana was supposed to inherit after the death of her son, Gennady. But the woman took the loss of her son hard, fell ill and died. Gennady's inheritance was to be divided between Oksana and his daughter. Since the mother died before accepting her son’s property, her share passed to her daughter Olga. Thus, Gennady’s inheritance was divided between his daughter and sister, ½ share each.

Are you tired of reading? We’ll tell you over the phone and answer your questions.

Private practicing lawyer Victoria Suvorova (Pyatigorsk) answers:

If your brother turned to a notary to open an inheritance and provided all the necessary documents to the inheritance case, including documents confirming his relationship with the deceased, then he has the right not to register his property right in Rosreestr. According to the law, in this case, your brother is already the owner of ½ of the house. You can’t just transfer half of it to yourself.

If your relative has not contacted a notary, then you can register his share. To do this, you need to know whether you have actually entered into an inheritance (that is, have you accepted the property, are you bearing the burden of maintaining it, are you paying for utilities and taxes, etc.). If you have entered into an inheritance and use it openly, then your brother will not be able to claim monetary compensation from you.

How to get a part of the house if the heir did not accept it?

Is it possible to enter into an inheritance 15 years after death?

How to enter into an inheritance after the death of a brother?

In order to obtain rights to the brother’s property, it is necessary to accept the inheritance within the period provided for this. You can accept an inheritance:

actually;
through a notary.

Let's look at each procedure in more detail.

Actually

Art. 1152 of the Civil Code of the Russian Federation provides for the possibility of accepting an inheritance without official registration. It is enough for the heir to use the property of the deceased brother for its intended purpose: live in an apartment, cultivate a summer cottage, carry out repairs, pay rent or a loan.

Note! The action must be carried out within the period established for accepting the inheritance.

However, upon actual acceptance of the inheritance, the successor can only use the property. He is unable to sell or rent it out because he does not have title documents. At the same time, you can register ownership at any convenient time. It is enough to collect evidence of inheritance and contact a notary or court.

But in fact, you can enter into an inheritance after the death of your brother under a will or in the absence of first-line heirs. You cannot take property and use it if the period for another line of heirs to enter into inheritance continues during the current period.

Through a notary

Another option for entering into inheritance is the notarial method. In this case, the heir visits the notary office at the place of registration of the deceased brother.

As a result, the heir receives a certificate of inheritance rights. This is a document of title that makes it possible to re-register ownership of inherited property in your name. From the moment of re-registration, the heir becomes the full owner of the property.

The advantage of this option is the receipt of supporting documents for the property. Other heirs will not be able to claim it.

The disadvantages include the high cost of re-registration. In the process of receiving an inheritance, the successor will have to pay a large amount.

Algorithm of actions:

Preparation of documents for a notary.
Payment of state duty.
Submitting an application.
Obtaining a certificate of inheritance rights.

If the brother can confirm his relationship, then he pays a fee of 0.3% of the value of the property received. If supporting documents are lost or a family connection is not established (in case of inheritance under a will), then the duty will be 0.6% of the value of the inheritance.

What documents are needed?

Before contacting a notary, you must prepare documents that confirm your relationship. In case of inheriting a brother's property, the heir must present:

your birth certificate;
birth certificate of the deceased;
parent's marriage certificate (if the parent changed his last name during marriage);
certificates of change of surname or marriage of the heir and testator (if available).

List of documents for the notary:

passport;
will;
death certificate of the deceased brother;
certificate of last place of registration;
receipt of payment of state duty;
appraisal report on the deceased's property;
certificates of cadastral value for real estate included in the inheritance;
title document for property (purchase and sale agreement, privatization, exchange, gift);
extracts from the Unified State Register of Real Estate for each property owned by the brother.

To calculate the state duty on all movable property of the deceased, an assessment is carried out. To do this, you need to contact a specialized company that has a license to carry out assessment work.

The notary must prepare an application for acceptance of the inheritance and the issuance of a certificate of inheritance rights. In order not to pay a notary fee for preparing a draft application, it is advisable to write it yourself.

Deadlines

Brothers enter into inheritance at the following times:

According to the will. Within 6 months from the date of death of the testator.
According to the law, if there are heirs of the first priority. Within 6 months from the moment they are recognized as unworthy or formally refuse the inheritance.
According to the law, if there are heirs of the first priority, but they did not apply to the notary or missed the deadline. Within 3 months from the date of expiration of the 6-month period for entry into inheritance for first-degree successors.
By hereditary transmission. During the general period - if the parent died within 3 months after the death of the deceased child. If the parent died 3 months after the death of the child, then the brother must register the inheritance within 3 months after the death of the parent.

How is the inheritance divided after the death of a brother?

The procedure for dividing inheritance under a will:

The shares are determined by the testator. In this case, each heir receives a part of the property established by the owner when drawing up the will.
The shares were not determined. In such a situation, all property is divided among all heirs specified in the will in equal shares.
Obligatory heir. The minimum share cannot be less than 1/2 share of the share provided by law.

The procedure for dividing property according to law:

In the general order (as heirs of the 2nd stage or dependents). The property is divided among all recipients of one queue in equal shares.
By hereditary transmission. Brothers and sisters share equally the share due to the deceased parent. And the legal successors of the first stage each receive a share.

First and second stage applicants

When determining the order of inheritance, the law is based on the closeness of family and blood ties between the deceased and the successor. Thus, Section 5 of the Civil Code of the Russian Federation establishes that the heirs of the first priority include spouses, children and parents of the deceased. Then the question arises: “Does a brother have the right to inherit from his sister, and vice versa?” Yes, this is possible. Brothers and sisters are classified as second-order heirs, and in the absence of first-order heirs or a will, they will certainly receive their share of the inheritance.

Let's consider this case. After his death, the man had no children or wife, and his parents refused the inheritance. Therefore, the order passed to the second-order successors - his brother and sister. The property of the deceased was divided equally. Therefore, the sister and brother each received ½ of the deceased’s inheritance.

Lawyer's answers to private questions

My brother has a daughter. He divorced his wife 10 years ago. All this time he lived with my family. I am his only sister, my parents died. He was sick, we looked after him. Now he is dead. And his daughter filed documents for inheritance. Can I claim his property?

As a sister, you cannot claim the inheritance since you have a daughter. The only option is to recognize the daughter as an unworthy heir. This is possible if alimony was collected from her for the maintenance of her father, but she did not pay.

My brother died. Can I claim his property without a will if he only has an official wife. They had no children.

No. In this situation, the wife inherits all the property as the heir of the first turn.

My brother died a month ago. Every month he transferred money to me for medicine (I have a group 2 disability, my pension is not enough for medicine). The father will enter into the inheritance as the only heir of the first stage. But my father abandoned us many years ago. Can I receive an inheritance instead?

You need to go to court and recognize yourself as a dependent of the deceased. In this case, all property will be divided between you and your father in ½ share.

My brother made a will for me. His wife wants to contest the will. Will I be able to claim an inheritance if the will is declared invalid?

No. In this case, the inheritance will go to the wife of the deceased.

My husband died 2 months ago. He has a brother on his father's side. Can he claim the inheritance?

The brother is the heir of the second stage. If there are children, a wife and parents, then they are the first to claim the inheritance.

My brother had a car loan. After his death, the bank constantly calls me and demands money. But the brother's children received the inheritance. Can the bank claim the debt from me?

After the death of the debtor, the debt is paid off by his heirs. In this situation, the children of the deceased.