How to divide property after the death of a husband

To divide property after the death of a spouse, you need to know which method is acceptable in your case. If the spouse left a will, the inheritance will proceed according to the will, and if there is no will, the property of the deceased is distributed according to the law. But in view of the fact that property acquired in marriage is considered jointly acquired, there are nuances.

Division of spouse's property by will

If the spouse wrote a will and certified it with a notary, then half of the property that was acquired through joint efforts will go to the spouse. The part that remains will be distributed as the spouse wishes in his will. The husband could bequeath his share to relatives or strangers in general, but he could also bequeath all the property to his wife, in this case, without exception and without preconditions, this property becomes the property of the spouse.

With such an outcome of the inheritance case, none of the relatives will be able to claim any part of the inheritance, whether it be a car, a garage, a suburban area, etc., even if the property was donated to the deceased spouse before marriage. All this becomes inaccessible to other possible heirs. But if the wife who remained to live after her husband is for some reason incapacitated, then the law requires that the wife get all the inheritance without exception, even what went to third parties under a testamentary document.

In the current situation, when the deceased testator was diagnosed during his lifetime, which resulted in his complete incapacity, all transactions that were made by him to transfer property to other people will be recognized as invalid.

Division of spouse's property by law

The spouse during his lifetime could not write a will, and in this case, the inheritance will also take place, but according to other principles.

The first step after the death of a spouse is the transfer of half (50%) of the property that was considered jointly acquired into the possession of the wife. Half of the property donated to the husband will also go to the wife. What is left according to the law will be divided among applicants for the inheritance from relatives. But the wife, according to the law, is the heir of the first order. Therefore, she, on an equal footing with everyone else, will claim her share. TO heirs of the first line In addition to the wife, the children and parents of the testator also belong.

Spouses during the registration of marriage could conclude a marriage contract, according to which each of the spouses has his own property. In this case, the inheritance will include only that of the immovable and movable property that belonged to the spouse during his lifetime. From its composition, the heirs will be endowed with shares of the inheritance, and the wife will also belong to the heirs, in addition to the children and parents of the deceased.