Given: the parents are divorced, they have two children. Dad remarried, in the new family all assets (joint tenancy) was registered for a new wife: an apartment, a house, a land plot. No property was registered for the father. The father died, he did not make a will in his lifetime. The children from the previous marriage were left with nothing.

If no one advises, does not show initiative, is afraid of litigation, then after the death of the father, children from a previous marriage can inherit only old photos.

But did the father have half (1/2 share) in all the “jointly acquired” property of the new family?

How can children get such an inheritance?

Answer: only through the court. This issue has not been resolved at the legislative level, the notary will not draw up an inheritance without a court judgement. Rhetorical question – how many children were deceived in this way?

ARTE LEGIS lawyers can help with this. Expected result: the right of ownership for ½ share of the apartment, ½ share of the house, ½ share of the land plot will be declared in favor of the children. The other ½ shares will remain with the new wife.

Is everything that simple? No, there are several common risks:

– It will be difficult to achieve a positive result, if the mother of minor heirs, has renounced the inheritance on behalf of the children within 6 months from the date of the father’s death. Moreover such refusal was notarized, and the permission for refusal was given by a guardianship and custodianship agency.

– If the father had debts – will have to pay them (but only within the value of the inherited property).

– There will be no positive result if the new wife has evidence that the property was acquired at her own expense.

– If at the time of the father’s death, the children were of legal age and did not accept the inheritance within 6 months from the date of the father’s death (did not submit a corresponding application to the notary). However, if the children were minors at the time of the father’s death, they are considered to have inherited “automatically”.

– If the father made a will in which he did not mention the children from the previous marriage. However, minor children are still entitled to a compulsory share – 50% of the inheritance they could have received if the father had not made a will.

In any case, each life situation has its characteristics, so it requires an individual approach.