The birth of the testator in this figure is not included
The degree of kinship is determined by the number of the births separating Relatives from each other
as heirs of the fifth stage of Relatives to the fourth degree of the love of children, nephews and nieces of the testator (Cousins, grandchildren) and siblings, of his grandparents (Cousins and grandparents) as heirs of the relatives of the fifth degree of kinship sixth stage - the children's Cousins grandchildren of the testator (Cousins, grandchildren, and Great-granddaughter), the children of his Cousins (first Cousins nieces and nephews) and the children of his Cousins and grandparents (uncles and aunts).
If there are no heirs of the preceding queues, Step-children, step-daughters, stepfather and stepmother of the deceased as the successor to the seventh tier of the heirs. Escheat property is in the order of inheritance by law in the property of the Russian Federation.
Until then, the heir has no legal basis for such actions
The order of inheritance and registration of Escheat, as well as the procedure to be the property of the subjects to transfer A third possibility is to accept the Inheritance is, with such a category of heirs equipped than minors, minors, incapacitated persons and persons which civil capacity is limited.
You also belong to the privileged category, so that for the acceptance of the Inheritance, you don't need a notary Declaration of acceptance of the Inheritance (article four CC). It is an unresolved question remains, what time of the hereditary process heritage must are in this category, i.e. D. If a Person in this category is one of the heirs of the first stage of the Act (a children of the testator, of the spouse, the experienced, and parents article determines the BGB), then the question arises: is your Status at the time of opening of the Inheritance of the date of death of the testator. However if it is a brother or sister of the testator (the second stage of the heirs at law of article of the civil code) or grandchildren (a fifth of all the legal heirs article of the civil code), the least were aged at the time of opening of the Inheritance, and at the time of the commencement of their preparation for adults already begun, for example, there are two possibilities: the heir to a small at the time of opening of the Inheritance or the time of the queue for his legacy needs to be. In the first Option you can say that the sequence and the characterization of the heirs is determined at the time of Opening the inheritance, and if it has accepted the turning of the heir, he is the Inheritance. Since the beginning of his turn, he or without the application of an Inheritance, or a request for a waiver of its adoption. However, there are arguments for the ability to determine the Status of such heirs at the time of his election. The right to accept the inheritance or not, of such heir, when he comes to the series.
This question is solved individually in any Situation. The result depends on the opinion of the notary The state Duma of the Russian Federation adopted in the second and third reading the law on Amendments and additions to article of the Civil code of the RSFSR.
