Inheritance law practical answers

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Inheritance law practical answers

Practical work Inheritance Law, 10 jobs.

Task 1

S.A.Vinogradov bequeathed all his property Mining Institute, where he headed the department. It is a testament challenged his two sons. Senior referred to the fact that he, being a miner, he retired at age 55 and therefore on the opening day of the inheritance (by this time he turned 58 years old) was unable to work for three years and asked to recognize his right to a compulsory share. A similar requirement, and the younger son said Vinogradov, since although he continued to work, but are disabled group II. The representative of the Mining Institute has recognized the claim in court the eldest of the brothers, and asked to give him a second plaintiff, referring to the fact that the earnings in 8000 rubles. plus disability pension that can not be recognized as having the right to a compulsory share in the inheritance.

What is the court´s decision on the dispute will comply with the law?

Task 2

In 2004, he died A.Steklov. Their claims to his legacy said son - M.Steklov grandson - A.Steklov (son M.Steklova); grandchildren and B.Zolotev S.Zolotev (children who died before his daughter A.Steklova) and K.Sazonov (blood father A.Steklova). All heirs objected to the recognition of the rights K.Sazonova as A.Steklov, with the consent of K.Sazonova was adopted many years ago, his mother´s second husband S.V.Steklovym. Sazonov objected to this, saying that in fact it is true, but after his retirement at the age they lived together with Steklov, conducted a joint household and glass acknowledged him as their father. The main argument of all the heirs arose over the division of the deposit in a savings bank in the amount of 10 000 USD, which lists monthly pension A.Steklova.

Question: Who of the heirs and how much contribution should inherit?

Activity 3

As a result of careless handling of fire burned down the family home Sivkinyh. During a fire, killed the head of the family, the owner of the house - Peter and the rest of the family were taken to hospital with burns. A week later, Peter´s wife died - Tamara. The same evening he died of a common son Michael. But the day after his wife died of Michael Elena. The dispute arose over the following property: house insurance (insurance contract was signed by Peter); amounts payable under the contract of the mixed life insurance, concluded Tamara (the contract recipient was listed Michael), and the vehicle purchased by Peter and Tamara during the marriage. On the property is claimed by Alexey - son of Peter from his first marriage; Irina - the daughter of Tamara from his first marriage, Marina - the daughter of Helen and Michael and Elena´s parents.

Which of these heirs and what property is eligible?

Task 4

Parshin AS lived on a remote farm. He was unsociable and with none of his relatives maintain no relationship. For several years, no one knew about it. The last letter he sent his son in 2001. In October 2003, Parshin came to the farm of his father, and found that there has long been no one living. It was obvious that his father never left home and had a passport, and all other documents and money. Nor was there any trace of "charges" in the road. They began to look S. Parshin. To no avail. Residents of surrounding hamlets of more than 2 years did not see him and nothing about it heard. After some time in compliance with all requirements of the law and his sister A.Parshin Vikulova B. appealed to the court to declare her father dead. This decision was made January 11, 2004 and came into force on 21 January of the same year. However, on January 15 Parshin died. Between V. Vikulova and widow of A. Parshin, a dispute arose as to who of them and on what part of the inheritance S. Parshin is entitled.

How should I solve this dispute?

Task 5

After the death of his mother, Svetlana and Olga Lobachyova revealed that there are two wills. One thing in favor of Svetlana,

Additional information

Task 6

Grandson had inherited from her grandmother home. At the time of opening the inheritance is no longer alive his father (who died 14 years ago). No other heirs.

It calls on whether grandson in such a situation as the heir of the first stage?

To what extent he has to pay tax on property passing by way of inheritance?

To what extent should a notary stamp duty levied for the issuance of a certificate of inheritance?

What if the tax and stamp duty paid in a larger size than that required by law?

Task 7

One of the participants died LLC. A month later, the general meeting of the company makes the decision to transform the company in the company.

Do the right heirs of the deceased member LLC to inherit a share in the authorized capital of the company after the death of the founder?

If so, can they participate in the general meeting to decide on the reorganization of the company before their rights will be issued by the notary, ie until six months?

Eligible whether the requirements of the heirs gave them a share in the property company? What should stand out - the money or the OS, products and so on.?

Task 8

Inheritance of property in the Russian Federation in accordance with the civil law. However, the legislation establishes a land other than the common inheritance of land of a peasant (farmer´s) economy.

Analyze the civil and land legislation of the Russian Federation and tell a reasoned opinion on the following issues:

Why the legislator has established different compared to other property inheritance, inheritance of land of a peasant (farmer´s) economy?

Identify differences in the order of succession to the lands of peasant (farmer) economy on the order of succession of other property (giving an indication of the specific articles of the law).

Task 9

He died shareholders holding more than 50% of the shares of the company. Currently, his successors have not yet received a certificate of inheritance of shares and, accordingly, are not included in the register of shareholders.

Whether competent (a quorum) meeting, which was attended by only the remaining shareholders who hold less than half of the votes?

Can we not take into account when determining the quorum of the deceased shareholder´s shares?

Task 10

Zueva claimed half of the property Zhukov´s wife, nazhivshaya this property together with the deceased. As proof of the validity of their claims, she filed a court decision of 25 September 2001 on the division of property between former spouses. Krutov Zhukov asked to repay the debt, formed in connection with causing harm him dead. As proof, he showed the court´s decision of 5 October 2001 on compensation for damage caused to his health Zhukov during the fight, which was the initiator of the testator. Ilina objected to claims Zueva and Krutov, citing the fact that the judgment of divorce of her son and daughter in law has already entered into force, and Krutov requirements can not be met because it was not involved in kinship with her son.

What is this problem being the basis of inheritance relationship?

Who is the subject of inheritance relationship?

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