Inheritance of securities - nuances
В previous article we have looked at the standard procedure for receiving an inheritance. Now we will talk about other situations that also happen quite often.
Situation #1. The deceased's account has 33 shares, which are claimed by 2 heirs
No will was made in this situation. Therefore, in accordance with our legislation in the case of inheritance, the share cannot be divided in half, i.e. the heirs will not be able to receive 16.5 shares each. What to do?
Solution options:
1. to open an account in the depositary or in the register (in accordance with the certificate of right to inheritance) of common shared ownership and enroll there 33 shares, and then by contract of sale, gift, etc. one heir gives another a certain (or all) amount of securities so that both have a whole number of shares in their accounts and then they keep them further or sell them.
Note: If the account of the deceased has not shares, but shares Mutual FundsIf you have an investment unit, you won't have any problems, because an investment unit is a fractional security.
2. After receiving the certificate of right to inheritance, draw up an agreement with a notary on the division of property, which will clearly spell out who gets how many securities.
Note: Keep in mind that drawing up such a certificate with a notary may cost more than the securities left in the deceased's account.
Situation #2. The account of the deceased has 34579 rubles 45 kopecks, which are claimed by 2 heirs
A will was also not made. This amount is not divided equally in half. How to be in this situation?
Solution options:
1. Draw up an agreement with a notary on the division of property, which will state exactly how much money is due to which heir.
Note 1: in this example, the cost of drawing up such an agreement with a notary will pay off, but dividing the amount in the area of 2000-3000 rubles will most likely be economically ineffective.
Note 2Please note that after the notary has issued the certificate of succession, the deceased's account may receive dividends on the shares, if they are also in the deceased's account. If the dividends arrive in the account after the notary has issued the certificate of right to inherit, you may have to make a new certificate in accordance with the new data.
2. Wait for them to come dividends on the papers that are in the account of the deceased. Perhaps because of them, the amount will become equally divisible. But it is very difficult to say in advance.
Situation #3. The heir (one of the heirs) is a citizen of another country
In this case, the heir will have to provide a Russian translation of his passport, certified by apostille, as well as a certificate of temporary registration on the territory of the Russian Federation, if his civil passport does not have a registration stamp.
If the heir himself cannot engage in the inheritance procedure, then he can appoint a person of trust and give him a notarized power of attorney to represent his interests.
Situation #4. One or more heirs are under the age of 18
In this situation, their interests must be represented by their legal representatives (parents) or guardians. The parents will need to provide notarized documents:
1) passport;
2) child's birth certificate;
3) Orders from the guardianship authorities for the right to perform actions on behalf of the child.
How to minimize the inheritance process
We have considered some situations, in fact there may be many nuances. This raises a reasonable question: "Is it possible to do to reduce all this red tape with the receipt of the inheritance to a minimum?" It is possible, and there are 3 options for a solution:
1. The owner of the assets writes a will where he determines the exact amount of property that his heirs will receive in the event of his death. It is the exact amount, not the share.
2. Before receiving a certificate of right to inherit, the heirs agree that one of them will accept the inheritance and then enter into it, sell the property, and then the assets will be divided equally among all. Naturally, this is only possible if there is a good, trusting relationship between the heirs.
Note: Remember, you can only accept the entire inheritance or renounce the entire inheritance. You cannot accept an apartment or a car and refuse shares. Either all or nothing.
3. After all the heirs have accepted the inheritance, make an agreement with the notary on the division of property. This option was described in more detail in Situation #1 and Situation #2.