Is it possible to marry your cousin? Marriage between cousins ​​- consequences. Family ties, cousins: who is related to whom? Can a cousin

Lawless Heart. These words have been around for many years, no one knows who first used them, but they are still relevant today. The issue of consanguineous marriage was hotly debated both 200 years ago and in the modern world. There are always two points of view in any dispute. This question is no exception. Opponents refer to the genetic deviations of children from such a marriage and its unnaturalness, while supporters believe that marriages between relatives, in particular cousins, are a completely harmless phenomenon. Let's try to figure out whose point of view is closer to the truth.

History of marriages between cousins

There are countless examples in history when marriages between relatives were actively practiced. Moreover, the motives for such actions were more often political or financial than love. Imperial or royal dynasties did not want to see people with other blood in their ranks. That is why marriages between brothers and sisters, aunts and nephews took place quite often, because there were not so many representatives of royal dynasties and relatives had to be married.

History also knows of cases of marriages between relatives due to family beliefs, in which it was believed that money should not leave the family. But only a small number of nationalities had such motives.

There were other reasons for such unusual marriages. Aristocratic families very much valued their family, their surname, and the arrival of new blood meant almost the collapse of the ideal family. However, in those days, many children were born with mental and physical disabilities.

Family ties: a genetic perspective

Modern scientists, conducting various experiments, have determined that it was consanguineous marriages that became the most important reason for the extinction of the dynasty of the Egyptian pharaohs. They also constantly insist that children whose parents are close relatives are more susceptible to various physical abnormalities. A striking example of this is the children of royal dynasties, who were much more likely than others to have various genetic diseases.

Recently, a theory has also emerged about the benefits of mixing blood. The more blood a child has, the stronger his health and significantly better mental abilities.

Modern research

What can be said about the modern world and, for example, an isolated case of related marriage? Many people wonder whether it is possible to marry a cousin or marry a cousin if there has been no previous marriage of this kind in the family. In this case, scientists do not see anything bad on the part of science if it is isolated. The calculations below are only suitable for cousins; for siblings the statistics are less rosy.

Recent studies by scientists from the United States have shown quite unexpected figures. They concluded that children born to first cousins ​​had a genetic pathology rate of 1.7%. This figure is only slightly higher than that of ordinary couples. Moreover, the risk of having a child with congenital deformities is much higher in people suffering from alcoholism or those who are over 40 years old.

Expert opinion

University of Massachusetts professor Hamish Spencer said that to date, not a single genetic study has given a positive answer that marriages between first cousins ​​pose a great risk to the unborn child. Moreover, it is quite difficult to conduct truly independent and correct research.

The thing is that consanguineous marriages in the civilized world are rather an exception to the generally accepted rules. More than 80% of these babies are born in third world countries. There, consanguineous marriages are quite common. In these disadvantaged countries, the percentage of children with physical disabilities is much higher than in other countries. Therefore, it is almost impossible to give an unambiguous answer as to why the baby is not like everyone else (due to the environment, poor nutrition, poor quality medicine or close family relationships).

Is marriage possible from a legal point of view?

The family law of the Russian Federation clearly establishes cases in which a marriage cannot be registered by law. Close relatives - who are they? Article 14 of the Family Code provides a detailed answer to this question. It says that close relatives cannot become husband and wife. These are brothers and sisters (half and full), relatives in descending and ascending lines, namely: children and parents, grandparents and grandchildren. They are the ones who cannot, according to the laws of the country. But first cousins ​​are not close, so the marriage of first cousins ​​is officially allowed.

Russia is not a unique country in this regard; throughout Europe there is also the opportunity to officially legitimize their relations in this case. Consanguineous marriages are prohibited only in some Asian countries and the United States, but not in all states.

Possibility of getting married in an Orthodox Church

Many couples also often wonder if it is possible to marry a cousin and conduct a wedding ceremony. On the one hand, the Holy Scripture states that marriages of only close relatives are prohibited; first and second cousins ​​are not included in them. However, it turned out that a large number of newborns suffered due to consanguineous marriages. Therefore, it is almost impossible to get married in the Orthodox Church. This is a very problematic situation, where it is difficult to give a definite answer; it is recommended to find out about the wedding directly from the priests in a particular temple.

In most cases, couples in love are denied a wedding. Also denied are half-brothers and sisters, uncles and nieces, aunts and their nephews. In addition to blood kinship, the church does not marry those who have spiritual kinship. That is, the child’s godparents cannot be married. However, on this issue there is a difference of opinion among the clergy. Therefore, it is likely that a certain church will agree to perform this ceremony. Parents and their adopted children are also subject to the wedding ban.

Consequences of marriage between cousins

In addition to religious condemnations and medical indications, lovers face a negative attitude towards such a marriage from other relatives. In the countries of the former USSR, such connections were not practiced at all, so this is alien to the average person. Very often, a couple receives a large portion of criticism from people close to them; sometimes family drama can reach a critical situation.

Modern medicine is capable of many miracles, and in this case it can also help the future family. There is a special genetic examination that can determine the risks of possible abnormalities of a child born in a consanguineous marriage. Such studies can determine with great accuracy whether it is medically safe to marry a cousin.

In the process of examining potential parents, doctors thoroughly examine the diseases of previous generations. Genetics also determine how strong the relationship between husband and wife is. After carrying out fairly complex diagnostic procedures, doctors determine how high the percentage of children with serious genetic abnormalities is.

Summarizing

So, to sum up the question of whether it is possible to marry a cousin, we can say the following. Only close relatives cannot marry each other. We have already found out who this is according to the law. Cousins ​​and brothers are not close relatives. Therefore, they can link their relationship officially. From a medical point of view, the risk of having children in such a marriage with physical and mental disabilities is slightly higher than that of ordinary couples, but this percentage is not critical.

According to the Holy Scriptures, marriage with a cousin is not prohibited in Russia, but historically it has happened that the church is very reluctant to marry such couples.

Putting all the facts together, we can say that marriage between cousins ​​is a very personal matter. However, there are no serious reasons preventing this. Most of the problems are expected precisely because of the local mentality, since the overwhelming majority of citizens of Russia and other CIS countries have an extremely negative attitude towards the registration of this type of marriage.

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The aunt is the heir of the second stage. In the first - parents, spouse, children. Cousins ​​are the children of an aunt or uncle - they are only by right of representation for their deceased parents.

Not even the second time. Somewhere in the backyard...

Parents come first, then brothers, sisters, then uncles, then cousins. Or something like that.

Aunts and uncles are the heirs of the third stage. Cousins ​​inherit by right of representation. If there is no one else. That is, first the aunt.

What documents are needed for the right to inherit for a cousin?

Documents confirming relationship are a birth certificate, passport, marriage certificate, as well as a death certificate and documents of the deceased. There must be documents for objects of inheritance (preferably)

After the death of the grandmother, according to the will, the house belongs to the cousin. Can we, the other grandchildren, claim the inheritance?

if there is a will - no. Only disabled children of the grandmother and spouse have the right to a compulsory share. if they are.

If there is a will, then no.

The deceased person left an inheritance in the form of an apartment. The heirs are an aunt and cousins. The heirs are an aunt and cousins. In what shares will they inherit this apartment? 1/3 share each or does the aunt inherit 1/2 share and cousins ​​1/4 share (right of representation)?

The aunt inherits /2, cousins ​​1/2 for two (i.e. 1/4 each), provided that no one refuses the inheritance - Article 1144 of the Civil Code of the Russian Federation.

They are all heirs of the 2nd stage. They will inherit in equal shares.

The aunt will inherit the entire apartment, as the heir according to the law of the nearest (third) line.

in 2008, his cousin died, he had no children and no wife, can I now apply for an inheritance and how to do it

Does he have parents? After the wife and children, they consider the heirs of the second stage - the parents... You are the heir of the third or fourth stage

In principle, it is possible if his parents have already died and his siblings too.

you can, through the court

If there are no heirs of previous queues, you can. Only now the deadlines for entering into inheritance have clearly been missed.

\"Prova\" had to be declared earlier, within six months. And now it’s difficult to “do” this; you need to recognize the reason for missing the deadline for accepting the inheritance as valid...

cousins ​​and sisters inherit by right of representation for the uncle and aunt of the deceased, if all his uncles and aunts have died, then you and all other cousins ​​and sisters are heirs (if not heirs of previous orders) Article 1142. Heirs of the first order 1. Heirs The first priority by law are the children, spouse and parents of the testator. 2. The grandchildren of the testator and their descendants inherit by right of representation. Article 1143. Heirs of the second stage 1. If there are no heirs of the first stage, the heirs of the second stage by law are the full and half brothers and sisters of the testator, his grandparents on both the father's and mother's sides. 2. Children of full and half brothers and sisters of the testator (nephews and nieces of the testator) inherit by right of representation. Article 1144. Heirs of the third stage 1. If there are no heirs of the first and second stages, the heirs of the third stage according to the law are the full and half brothers and sisters of the testator's parents (uncles and aunts of the testator). 2. Cousins ​​of the testator inherit by right of representation.

about the inheritance 5 years ago, my cousin died, which I found out a few months ago by calling him on his home phone. The female voice that answered told me that my brother died in 2005. He was a lonely man, age 77. He had 2 apartments - 1 of his mother, my aunt, the other of his. He has no relatives close to me except me. I would like to know if some kind of will was left in whose name. Where and how can I find out.

Even if there is no will, you can accept the inheritance legally. True, the deadline for acceptance was missed, but you can restore it through the court. Article 1155. Acceptance of an inheritance after the expiration of the established period 1. At the request of an heir who missed the deadline established for accepting the inheritance (Article 1154), the court may restore this period and recognize the heir as accepting the inheritance if the heir did not know and should not have known about the opening of the inheritance or missed this deadline for other valid reasons and provided that the heir who missed the deadline established for accepting the inheritance went to court within six months after the reasons for missing this deadline disappeared. Upon recognition of the heir as having accepted the inheritance, the court determines the shares of all heirs in the inherited property and, if necessary, determines measures to protect the rights of the new heir to receive the share of the inheritance due to him (clause 3 of this article). Previously issued certificates of the right to inheritance are recognized by the court as invalid. 2. An inheritance may be accepted by the heir after the expiration of the period established for its acceptance, without going to court, provided that all other heirs who accepted the inheritance consent to this in writing. If such consent in writing is given by the heirs not in the presence of a notary, their signatures on the consent documents must be certified in the manner specified in paragraph two of paragraph 1 of Article 1153 of this Code. The consent of the heirs is the basis for the notary to cancel a previously issued certificate of the right to inheritance and the basis for issuing a new certificate. If, on the basis of a previously issued certificate, state registration of rights to real estate was carried out, the notary's decision to cancel the previously issued certificate and the new certificate are the basis for making appropriate changes to the state registration record. 3. An heir who accepted an inheritance after the expiration of the established period in compliance with the rules of this article has the right to receive the inheritance due to him in accordance with the rules of Articles 1104, 1105, 1107 and 1108 of this Code, which in the case specified in paragraph 2 of this article are applied insofar as the agreement concluded in writing between the heirs does not provide otherwise.

You are a real sister, you haven’t called for 5 years, and now you have found out this news and decided to take over the APARTMENTS for yourself. Excuse me, of course, for the rudeness of SHIT TO YOU. You had to look after him, and then you would have gotten an apartment. Most likely, strangers looked after him, AND THAT'S WHAT THEY GOT. SHAME ON YOU!!!

If the brother did not have closer relatives, then the cousin can inherit his property even in the absence of a will. But all conceivable deadlines for this have long passed, Lyudmila...

In this situation, the issue will only be resolved in court. If the court considers it possible to restore the deadline for accepting the inheritance (if you have valid reasons why you missed the deadline), you will be able to formalize inheritance rights (if your brother did not make a will for a third party...). Good luck!

It's a little expensive for strangers to court. I would like a job like this. In short, you go to court and put everyone there in their place. You can find out from a notary at the location of the property. All the same, if there was a will, it was registered with the notary who conducts the business in this area.

The reason for restoring the deadlines for accepting the inheritance must be valid, but how can you explain the fact that for six years you were not interested in the fate of your brother?

My cousin asks me to inherit from his mother, what could this mean for me?

Be careful, there are inheritances with encumbrances, i.e. with debts.

the debts are apparently there

if your aunt has debts, pay them off to you

Accept the inheritance And the testator's debts are paid within the limits of the inherited property... so you don't lose anything

What he asks doesn't matter. You have no rights to your aunt’s inheritance while her son is alive and while your parents are alive.

This may result in you acquiring an inheritance. If the testator is in debt, give it back, only with the courts and a lot of wasted time.

Nothing. You will receive an inheritance, and if you have debts, you will pay it off within the limits of the inheritance.

My cousin is incapacitated, under the care of a mental institution. How can I avoid losing his apartment? Can I arrange the inheritance in advance?

The inheritance is formalized only after the death of the testator. Your brother is alive, so there can be no talk of any inheritance. If you are so worried that someone will take advantage of his incapacity and deceive him, then try to re-register ownership of his apartment. The options are different. Please note that the guardian is a boarding school. Naturally, they will try in every possible way to alienate his property in their favor, and not in yours.

inheritance My father's cousin's wife decided to leave me two apartments. My brother died a long time ago. On his side there is a daughter from his first marriage, she did not put forward rights to inheritance. On his wife’s side there is a niece (daughter of a cousin). Basically, we are not her blood relatives, but she wants only us to inherit her property!!!
The question is whether the relatives can challenge her will and in whose favor the court will consider it. And if they can, then how can we formalize everything legally so that we don’t have any problems and hassles in the future????

thanks for answers.

If there is a will, the will is valid. Theoretically, relatives can challenge the will. But practically for them the result will be zero. And so that it is completely reliable, as you want. then let your father’s cousin’s wife give or sell these apartments to you during her lifetime.

they will be able to challenge the will; it would be better if she gave you the property - it will be more difficult to challenge

Where is the justice? My cousin gets the whole inheritance, but I only have the jewelry!

Grandfather or grandmother, apparently, left an inheritance? Life, what can you do... Wish him all the best in the next world, you'll earn it for yourself!

And who knows, what if this jewelry is twice the size of the inheritance?? :)

If the testator is your uncle, or aunt or their parents, your cousin is the heir of the first turn. Jewelry is also good...))))

This is a question not for lawyers, but for the conscience of testators! From the point of view of the law, everyone has the right to dispose of their property as they see fit.

Receiving an inheritance

Girl, who died after all?!! Your cousin or your father's cousin?? If your father’s cousin has died, then if he does not have a will, you will have no chance: Article 1144 of the Civil Code. Heirs of the third stage 1. If there are no heirs of the first and second stage, the heirs of the third stage according to the law are the full and half brothers and sisters of the testator's parents (uncles and aunts of the testator). 2. Cousins ​​of the testator inherit by right of representation.

That is, those two cousins ​​will inherit by right of representation as heirs of the 3rd stage. Next: Article 1145 of the Civil Code of the Russian Federation. Heirs of subsequent orders 1. If there are no heirs of the first, second and third orders (Articles 1142 - 1144), the right to inherit by law is given to relatives of the testator of the third, fourth and fifth degrees of kinship, not related to the heirs of previous orders. The degree of kinship is determined by the number of births separating one relative from another. The birth of the testator himself is not included in this number. 2. In accordance with paragraph 1 of this article, the following are called upon to inherit: - as sixth-degree heirs, relatives of the fifth degree of kinship - children of cousins' grandchildren and granddaughters of the testator (great-great-grandsons and great-granddaughters), children of his cousins ​​(great-nephews and nieces) and children of his great-uncles and grandmothers (great uncles and aunts). And you, if I understand correctly, are precisely the daughter of the testator’s cousin (great niece) - i.e. this is the 6th line of inheritance. In this case, all the sisters “win” as representatives of the 3rd line in the absence of a will of the testator.

Please tell us your situation in more detail and I will try to answer your questions in a simple and accessible form.

There is no chance for you, because... this is not your brother, but your father's.

hello! please tell me who has the right to inheritance, if after the death of my cousin he still has

Who is left? - The wife is half of the common property, of course, and of the remaining half she is entitled to another half. A quarter for the children, etc. That means it’s half and half between them. If there are no people to whom he owes something (alimony, dependents, credit, etc.)

inheritance issue

In the third - cousins

The third line of heirs by right of representation is the last! :)

Why are you too lazy to open and analyze the norms contained in the original source? Article 1146. Inheritance by right of representation 1. The share of an heir by law who died before the opening of the inheritance or simultaneously with the testator passes by right of representation to his corresponding descendants in the cases provided for in paragraph 2 of Article 1142, paragraph 2 of Article 1143 and paragraph 2 of Article 1144 of this Code, and is divided equally between them.

http://www.consultant.ru/popular/gkrf3/6_3.html#p313 © ConsultantPlus, 1992-2013 PS What kind of “Consultant” are you, if you don’t know that they don’t enter into an inheritance, they accept it? They enter into inheritance rights, not inheritance. You cannot enter into an inheritance, this is not a piece of shit and not a party.
Restoring the deadline for entering into an inheritance Hello, I’ll try to explain the situation:
My cousin lives in Yaroslavl. He had a living mother and brother who lived together in the Murmansk region.
He also had a father who lived in the Tver region. Mother and father were divorced.
In 2006, a brother dies, the mother wanted to inform the father about the death of her son, the letter was returned with the mark \"the addressee died\". The mother did not inform her son, who lives in Yaroslavl, about his father’s death for a long time.
A year ago my mother died.
The father had a house, there were no other children.
Is it possible to restore the period of inheritance?
How can you confirm that the son did not know about his father’s death?

What are the chances?

Maybe. for example, witnesses. chances are high

You see, the problem is that everyone can enter into an inheritance within 6 months (who naturally has the right to it). Then that's it! The one with whom the person (deceased) was registered can join, even for at least 10 years and so on... But of course there is a chance, but you only need a strong lawyer.

You can restore the deadline for accepting an inheritance by providing documents confirming a valid reason for the missed deadline. The fact that the heir did not know about the death of the testator is not a valid reason. If you can provide the court with certificates of a long illness or business trip, then it is quite possible to restore the deadline for accepting the inheritance. GOOD LUCK!

Judicial procedure for restoring the deadline for accepting an inheritance: The procedure for such restoration of the deadline is subject to certain rules: firstly, only the heir himself who missed the deadline for accepting the inheritance can apply to the court with a corresponding application, in this case you, secondly, an appeal to the court must follow no later than 6 months after the reasons for missing the deadline no longer exist. The deadline for accepting the inheritance is subject to restoration by the court, provided that the heir proves that the reasons for missing it are valid. An heir who misses such a deadline is deprived of the right to restore the deadline for accepting the inheritance. Please note: valid reasons for missing a deadline are: the heir did not know and should not have known about the opening of the inheritance, i.e. about the death of the testator; serious illness, helpless condition and illiteracy of the heir. Your reason is certainly positive, a competent lawyer, testimony - and everything will be fine. Don't give it to the state! And that’s not what happened.

A cousin died, there are no direct heirs. Can I (my cousin) claim an inheritance, my common-law wife? My cousin has died, there are no direct heirs. Can I (my cousin) claim an inheritance and can my common-law wife (they lived together for 8 years) also what documents are needed for this. We want to leave the property (house) to our common-law wife and take the contribution.

In addition to direct heirs - heirs of the first stage, there are also heirs of the second stage. The heirs of the second stage according to the law are the full and half-siblings of the testator, his grandparents on both the father's and mother's sides. Children of the testator's full and half-siblings (nephews and nieces of the testator) inherit by right of representation. You, as a cousin, are the heir of the third line. ST. 1144 of the Civil Code of the Russian Federation Article 1144. Heirs of the third stage 1. If there are no heirs of the first and second stage, the heirs of the third stage according to the law are the full and half brothers and sisters of the testator's parents (uncles and aunts of the testator). 2. Cousins ​​of the testator inherit by right of representation. If there are no heirs in either the first or second order, you can accept the inheritance by performing certain actions (the notary will explain). But according to Art. 1152 of the Civil Code of the Russian Federation in your case you will be obliged to accept the entire inheritance. Acceptance by the heir of part of the inheritance means acceptance of the entire inheritance due to him, no matter what it is and no matter where it is located. When an heir is called to inherit simultaneously on several grounds (by will and by law or by way of hereditary transmission and as a result of the opening of an inheritance, etc.), the heir may accept the inheritance due to him on one of these grounds, on several of them, or on all grounds . Acceptance of inheritance under conditions or with reservations is not allowed. Thus, after accepting the inheritance and entering into inheritance rights by law, you will have all the rights to dispose of this inheritance at your discretion. In the Family Code there is no concept of "Civil marriage and common-law wife", there is only a registered marriage and spouses. Your brother's partner cannot be his heir. Therefore, you can conclude an agreement with her (written or oral, notarized or not at your discretion) that after you enter into inheritance rights, you leave something to her and take something for yourself.

You may be third-degree heirs by right of representation. A common-law wife is not an heir.

You have the right to contact a notary with an application to enter into an inheritance. The cohabitant has no rights to inheritance.

if your brother does not have a will and there are no more heirs, then you have the right to contact a notary. Your husband's partner has no right to inheritance. If you want to leave her something, you will have to, after registering ownership of the house, for example, give it to her...

Article 1144. Heirs of the third stage 1. If there are no heirs of the first and second stages, the heirs of the third stage according to the law are the full and half brothers and sisters of the testator's parents (uncles and aunts of the testator). 2. Cousins ​​of the testator inherit by right of representation. You need to contact a notary, presenting your passport, death certificate and documents confirming your relationship with the deceased and write an application for acceptance of the inheritance. The notary will issue a list of those required for representation in the inheritance case. A common-law wife is not an heir. You have the right, after receiving a Certificate of Inheritance and subsequent registration of real estate with the Federal Reserve System, to give a house to your cousin’s live-in partner.

A cohabitant cannot be an heir. Only common children, if any. You can only inherit if there are no children, no parents, no grandchildren, no brothers and sisters

A common-law wife may have ownership rights to a share in the property if she proves that she participated in the acquisition of this property through documentation. But she is not the heir. Needed within 6 months. claim your rights to inheritance from a notary, write a statement. The notary himself will give a list of documents, issue a request for the BTI, land cadastre, and the bank

After the death of her cousin, a year later she received 1/2 of the inheritance. The notary did not give out the second part, stating that there should be

Submit an application to the notary for the issuance of a Certificate of Inheritance for another part of the inherited property. In case of refusal, you can appeal the unlawful actions of the notary in court

If no one has claimed the right to inheritance, then you can claim the second half. And if no one presented it in writing, then why didn’t you receive everything? You can safely go to court.

You have the right to familiarize yourself with the materials of the inheritance case - this is how all documents related to this testator and his property are collected. It is possible that other heirs sent a letter to the notary by mail (so as not to miss the deadline), but have not yet provided any documents. A notary cannot refuse to issue you a certificate of inheritance without grounds. If you do not agree with the actions of the notary, ask for a Resolution to refuse to perform a notarial act, which you have the right to appeal in court. Good luck!

inheritance a month ago my cousin died. His second cousin was registered with him (he was registered several months ago so that the apartment would not disappear). Does my mother, who is the deceased’s aunt, but is not registered there, have the right to inheritance, if the apartment is privatized, and if it is not privatized? Thank you in advance. Tatiana.

If the apartment is not privatized, it will not be included in the inheritance mass. Her employer will be the one who is registered in the indicated residential area. area. If the apartment is privatized, it will be divided among the heirs. The testator's aunt is the third-priority heir by law - Art. 1144 of the Civil Code of the Russian Federation. Therefore, if there are no heirs of previous orders, she will be able to formalize inheritance rights in relation to this apartment. Please note that the aunt will need to present to the notary documents confirming the family relationship with the testator. The place of residence of the heirs does not matter. Good luck!

if it is privatized, then it has in the absence of heirs of previous orders (parents, children, spouses, grandparents, siblings), if it is not privatized, then no

the fact of registration in the testator’s apartment does not provide any advantages in the order of inheritance. if the apartment is not privatized, then there is essentially nothing to inherit since the apartment is the property of a municipal body or organization on the balance sheet of which the house is located.

If there are no heirs in the previous line, then the aunt has a better chance of receiving an inheritance, since she is the heir in the third line, and the nephews are in the next line. Registration and privatization do not affect inheritance by law))) Since the apartment still belonged to the brother. .

If priv then it has!

A cousin died who did not have time to apply for his mother’s inheritance under the will; the period of 6 months had not expired. A cousin died who did not have time to apply for his mother’s inheritance under the will; the period of 6 months had not expired. His mother indicated only him in her will. There are such heirs as 1st priority. grandson from her first son (this son died in 2001), as well as: mother’s nieces from her brother (also deceased long ago), mother’s own aunt, this aunt’s son, cousins ​​of the brother himself. The question is, after the death of a brother, does the will become meaningless or not? and who in this case, after the grandson, takes turns claiming the inheritance?

The inheritance will now be received by the heirs according to law. The grandson, by right of representation for the deceased father, who did not manage to receive it during his lifetime, will receive the entire inheritance belonging to the grandmother on the day of her death. The will, of course, loses its meaning, since the one to whom it was bequeathed has died. Present to the notary a passport, Birth Certificate of a grandson, father (to confirm relationship), Death Certificates of father and grandmother, Documents for inherited property and write an application for acceptance of the inheritance.. Upon presentation of the remaining documents, the notary will issue a list according to which the heir will collect them .

Irish, honestly, in order to understand all the relatives you wrote, you need to take 200 grams... Ask a simpler question... well, for SUCKERS...

If the deceased has a wife or children, then they inherit. If there are none, then the grandson inherits by law. The rest are not heirs in this case.

And when an application for inheritance is submitted, it may need to dry out first, and then remember who the fourth cousin is.

Wow, they said how interesting and varied it is... But in fact, everything is very simple - everything is determined by the norm on HEDIRED TRANSMISSION - Art. 1156 of the Civil Code of the Russian Federation. \"If an heir, called to inherit by will or by law, died AFTER the opening of the inheritance, WITHOUT MANAGING TO ACCEPT IT within the prescribed period, the right to ACCEPT the inheritance due to him passes to his heirs by law, and if all the inherited property was willed - to his to the heirs under the will (hereditary transmission)...\" So the WILL remains in force and the RIGHT TO ACCEPT everything bequeathed to your deceased cousin passes to HIS heirs (by law or by his will). And all the mother’s relatives listed in the question, starting with the grandson and including nieces, aunts and others, can not worry and rest on the sidelines... *Unless, of course, among them there are those who have the right to an obligatory share in the inheritance)

inheritance My cousin died, I was left with a 2-room apartment, there are no more relatives besides me, my cousin’s apartment, can I apply for this apartment? If so, where should I turn first?

First of all, to the notary at your brother’s place of residence (if in Moscow, then to any notary) with documents confirming your relationship, your brother’s death certificate and title documents for the apartment (if there are any, and if not, the notary will give a request for copies in the Federal Registration Service and the BTI). Cousins ​​inherit by right of representation (Part 2 of Article 1144 of the Civil Code of the Russian Federation), i.e., in order to enter into inheritance rights, you will also need documents on the death of your parents (i.e., uncle or aunt of the testator) provide. For Dasha Rudneva’s information: non-privatized apartments are not inherited at all.

yes, you can if it’s privatized, it’s more difficult if it’s not, but in general, go to good lawyers

First of all, go to the notary at the place where the inheritance was opened, and there declare your right to it. If the apartment is privatized and there is no will - go ahead!

If there is no will, then you are one of the third-ranking heirs by right of representation (that is, for your mother or father). If there are no heirs of the first and second stages, then contact the notary who services the street on which the house is located.

If the apartment was owned by a brother, then all you need to have is documents confirming the relationship!!! Then take 1. Death certificate + copy 2. If the inheritance is accepted by law, documents confirming the relationship with the deceased are required (Birth Certificate, Marriage Certificate, Name Change Certificate, Adoption Certificate + their copies) 3. Certificate about the last permanent place of residence of the deceased (registration at the place of residence) in Moscow on the day of death (from the EIRTS, DEZ, housing cooperatives, HOAs, REU, passport office) 4. An extract from the house register from the last place of residence of the deceased, with a note about deregistration accounting (passport office) 5 TITLE DOCUMENTS FOR INHERITED PROPERTY 6. Personal presence of the heir (heirs) with a passport. /or their authorized representative/ TITLE DOCUMENTS FOR INHERITED PROPERTY 1. Documents of ownership (Transfer Agreement, Certificate of Housing Ownership, 2. Sale and Purchase Agreement, Exchange Agreement, Rent Agreement, Certificate of Inheritance, 3. Certificate of Inheritance, state registration of rights, etc.) 4. BTI documents (floor plan, explication, certificate of value on the day of death)

To the notary with an application for acceptance of the inheritance and issuance of a certificate of inheritance.

Of course, if the apartment is privatized, then you will receive it. Go to the notary with documents for the apartment, the death certificate of your brother and confirmation of relationship with certificates - the notary will open the case and tell you what to do next...

Is the cousin the heir? This is the situation. My grandmother died not long ago, and she inherited a house in the village. The house is privatized entirely for the grandmother. My grandmother had two sons, one of them was my father. The second son (my uncle) died more than 10 years ago. my uncle has a son (my cousin). Is my cousin an heir? If so, what order of heir? Thank you in advance

Your father and your cousin will inherit. If your father is no longer alive, then you and your cousin will be the heirs in equal shares.

yes, you and your brother are heirs of the 2nd stage

Of course, he is also an heir, I think of the third order. if there are no other direct relatives then you, your father and your cousin are the heirs

Your father (your grandmother's son) remains the only heir of the first line.

Civil Code of the Russian Federation Article 1142. Heirs of the first stage 1. Heirs of the first stage according to the law are the children, spouse and parents of the testator. 2. The grandchildren of the testator and their descendants inherit by right of representation.

The grandchildren of the testator - blood relatives of the second degree in a direct descending line (children of a son or daughter), as well as descendants of an adopted person (children of an adopted person) - are heirs by law if at the time of opening of the inheritance one of their parents who would be the heir is not alive ( inheritance by right of representation).

In this case, the heirs are your father and your cousin.. They are heirs of the first order.. The brother inherits by right of representation..

Right to inheritance task \"My cousin's children live in France. After the death of their brother, they did not want to deal with the inheritance. My aunt called them repeatedly and asked to refuse the inheritance. 3 months have passed, there are no relatives except me and my children. Can my aunt accept the inheritance ?\"

I recommend that you take the Civil Code of the Russian Federation and carefully read Art. 1141 - 1159, and independently try to figure out the order of inheritance according to the law. I'll give you a hint - where the children live is completely unimportant. Good luck!

They enter into inheritance after six months, the aunt can enter if she has written an application for entry into the right to inheritance. But then the children can still challenge it.

If your aunt is the mother of your cousin (since you have no other relatives), then she is the heiress of the first line and must enter into the inheritance - the application is written within six months, the notary can safely write off 1\\3 of the inheritance, or all if other heirs do not appear.

Yes, cousins ​​are heirs by right of representation (that is, if at the time of the death of the testator their parents (the testator's uncle and aunt) are not alive). They belong to the heirs of the third stage (Article 1144 of the Civil Code of the Russian Federation). The problem, most often, is to provide the notary with all the documents confirming the family relationship. Therefore, in this case, the best option is a will. Good luck!

If there are no relatives or spouses of previous orders, then all other relatives (not direct or collateral) inherit. Yes, in that case, it does

if your uncle has no other relatives, then perhaps it will be your father’s turn

first, the children, spouse and parents inherit; if they do not exist, then the full and half-siblings of the testator, his grandparents on both the father’s and mother’s sides. only then, if there are no second-rank heirs - uncles and aunts (Articles 1142-1144 of the Civil Code of the Russian Federation), the testator's cousins ​​inherit by right of representation for the third-rank heirs by law, that is, the full and half-blood brothers and sisters of the testator's parents ( testator's uncles and aunts). This means that cousins ​​inherit due to the fact that their parents (uncles and aunts of the testator) died at the time the inheritance was opened or at the same time as the testator.

The room can disappear from under your nose. If your uncle decides to issue a deed of gift to any other person.

Heirs up to the seventh stage have the right to inheritance. But where are the guarantees that closer relatives will not show up? There are no such guarantees. So let her persuade her grandfather to transfer the property to her as an inheritance during his lifetime. You can call a notary at your home.

Do I have the right to inherit? Two sisters and one brother of my father (deceased) inherited the apartment of their cousin (he had no other relatives), do I and my sister have the right to part of the inheritance? If possible, please provide a link to the law.

Article 1146 of the Civil Code of the Russian Federation. Inheritance by right of representation 1. The share of an heir by law who died before the opening of the inheritance or simultaneously with the testator passes by right of representation to his corresponding descendants in the cases provided for by paragraph 2 of Article 1142, paragraph 2 of Article 1143 and paragraph 2 of Article 1144 of this Code, and divided equally between them.

There are many nuances. You will have to prove your belonging to the inheritance.

Yes, you have the right. Read Chapter 63 of the Civil Code of the Russian Federation.

Children inherit in place of their deceased parents by right of representation

you have the right to inheritance only in accordance with the provisions of Art. 1146 of the Civil Code of the Russian Federation. inheritance by right of representation.

please tell me whether cousins ​​(sisters) are entitled to a share of the inheritance if the direct heir is alive?

only if this is written in a notarized will.

If there is no will for them, then no.

no they don't have

Nina! You write:\"father died in 96\". Why then do you raise the issue of acquiring an inheritance 14 years later? If you found out about the bank account included in the inherited property only now. This issue can only be resolved in court.

Is hatred of siblings, cousins, and second cousins ​​characteristic only of representatives of dynasties due to the competitive struggle for inheritance and throne?

No. There are many other reasons for enmity, even within the family. Envy, dissimilarity of characters and the need to communicate. Personal reasons... You never know...

no, not only. . We are not a dynasty, not a clan, but my dad was killed for his apartment, which is located on Kutuzovsky Prospekt. They took away the dacha in Odintsovo, and now they are trying to take away the apartment. Therefore, not only clans have problems with this....

But does hatred have to be present? I was here recently at the anniversary of a 70-year-old woman - my heart just rejoiced at how reverently her children and grandchildren, including cousins ​​and second cousins, treated her, how friendly they all were with each other! And when the cousins ​​lined up for a souvenir photo... twenty young handsome guys and men - some have settled down in this life a little better, some a little worse, but this does not stop them from communicating, helping and supporting each other! It all depends on what message is given in early childhood by adults, whether they talk about relatives in the house with love and warmth or with envy and jealousy... As always, everything is in our hands... The kindness given to others will definitely come back to you a hundredfold!

How to recognize the relationship of the cousin of a deceased cousin. brother, for inheritance (the archive has not been preserved, there are no more relatives)

If there are no documents confirming family relations, the fact of relationship can be established in court. Good luck!

Difficult. The point is also that the testator’s cousins ​​inherit only by right of representation... But you can try, for example, by attracting witnesses who are ready to confirm the specified relationship.

In court, provided that the registry office has issued a certificate stating that it is impossible to confirm the relationship out of court. If there is no dispute about the right, an application to establish the fact is submitted to the court at the place of residence of the applicant; if there is a dispute with other heirs (or other interested parties), a claim is filed, in accordance with the jurisdiction.

only by birth certificate

the inheritance from my cousin left an apartment, heirs: me, my brother and the aunt of the deceased brother. The aunt is the sister of the deceased brother. What is my share 1/4 or 1/3?

I don’t know how it is in Russia, but in Ukraine, if I understand correctly, you and your brother are not heirs at all, the heirs are your father or mother and, of course, your aunt

inheritance by will or by law? if by will, then 1/3, and if by law, then you need to look at whether the cousin has children, in general, whether there are any other relatives

I'm afraid your brother and I won't get your turn at all - you are heirs only of the third line. And the aunt is the second (if according to Russian legislation).

Reading time: 8 minutes

Family ties are not only a social category, they have important legal significance. From a legal point of view, many rights and obligations arise from the presence of family ties. For example, the responsibility of parents to raise children directly arises due to the origin of the latter, and the right to inherit property depends on the degree of relationship with the deceased. Let's consider what the influence of family ties is on the scope of legal relations between people.

What are kinship ties

Kinship relations are social relations between people that arise from the fact of the origin of one individual from another, as well as several individuals from one ancestor.

By degree, close and distant kinship are distinguished, and by the presence of kinship ties, direct and indirect. It should be noted that regarding direct family ties, a direct ascending line of kinship and, accordingly, a descending line are distinguished separately.

From a legal point of view, only legally established connections matter. In other words, even if people are related to each other, such connections will entail the mutual emergence of rights and obligations between them not in all cases, but only when this is established by law.

In this case, it is difficult to overestimate the concept of family, kinship and property, their legal and judicial significance, because many rights and responsibilities are directly related to the presence of family relations. For example, parental responsibilities stem from the fact of paternity or maternity, and legal relations of inheritance stem from the fact of kinship with the testator.

In legal terms, it is important to clearly understand whether relatives are close or not. Therefore, when the question arises whether the list of close relatives in family law is exhaustive or not, one should be guided by the relevant provisions of the Family Code of the Russian Federation.

The legislative framework

Issues of family relations are regulated by the Civil Code of the Russian Federation (part three), as well as the Family Code of the Russian Federation. In addition, since the establishment of family ties occurs through the court, one should be guided by the relevant provisions of the Civil Procedure Code of the Russian Federation.

What are the degrees of relationship?

It can be difficult to figure out who is related to whom, because the variety of family ties and the terms used to denote them is very large. People often get confused in terms such as “stepson”, “stepdaughter”, “stepmother”, “brother-in-law”, “sister-in-law”, “brother-in-law”, unable to understand which of them have official status and which are used only in everyday life . Many people are increasingly turning to archives to reconstruct their family tree.

According to the degree of relationship, two lines are distinguished: direct and lateral. A straight line can be ascending or descending. The difference between a lateral line and a straight line is manifested in the fact that with a lateral line, several individuals are descended from common ancestors. With a straight line, the connection is obvious, for example, father and son.

Based on the presence of consanguineous ties, consanguineous and heterogeneous kinship are distinguished.

It is very convenient to study family connections in tables, which today are easy to find on the Internet.

It should be noted that direct relationships include first degree (parents and children) and second degree (grandparents and grandchildren). As for lateral kinship, a clear example of it are brothers and sisters.

The question of what the degree of relationship is and what significance it has very often arises in legal relations of inheritance, where disputes often arise between relatives, who has the right to claim the inheritance and in what order, and why some heirs in this case receive a priority right over others . In this regard, it is very useful for every citizen to understand how to determine the degree of kinship in a Russian family.

First degree relatives

Since, in accordance with the law, the degree of kinship is determined by the number of births by which relatives are separated from each other, it is logical that the law classifies the closest relatives, those who are directly related to each other, as the first degree of kinship. Thus, relatives of the 1st degree of kinship (separated from each other by one birth) are parents and children.

Here it is necessary to take into account that the current legislation provides for cases when people who are not related by consanguinity, due to the implementation of the opportunities provided for by family law, acquire the status of first-degree relatives.

This occurs, for example, in adoption, when a child becomes a member of the family, although the blood of the adoptive parents does not flow in his veins. Such a child in the family will have the same rights and responsibilities as those provided for natural children.

Relatives of other degrees of kinship

The second degree of kinship includes people separated by two births. For example, grandparents and their grandchildren are the second degree of relationship.

There are other degrees of kinship, for example, the third includes great-grandparents and great-grandchildren, as well as uncles and aunts in relation to nephews. Cousins ​​will already be in the fourth degree of kinship with each other, as well as great-aunts and grandfathers with respect to great-nephews. But cousins ​​and aunts in relation to cousins ​​are already the fifth degree of relationship. The sixth degree will include second cousins.

The meaning of kinship in inheritance

The degree of kinship during inheritance determines the right of certain relatives to inherit. In legal relations of inheritance, the right to receive property directly depends on the presence of family ties. In this regard, a lot of questions always arise, for example, to what degree of relationship should one classify one’s spouse.

According to the law, the spouse belongs to the line of heirs of the first degree, that is, on an equal basis with the children and parents of the deceased, he receives the right to inherit the corresponding share in the latter’s property.

However, the mere presence of a family connection does not give the right to inheritance. According to the law, calling for inheritance by heirs of the first priority automatically excludes the possibility of inheritance by representatives of subsequent orders. In other words, the order of kinship according to the law must be observed when receiving an inheritance in Russia.

What kind of kinship groups exist?

From a legal point of view, it is important to understand which types of kinship play a role in legal relations between relatives, and which ones have a social rather than a legal meaning. In this regard, it is necessary to understand exactly what types of kinship give rise to certain legal relations.

A complete diagram of kinship relationships involves indicating absolutely all types of kinship, including such concepts as, for example, brothers-in-law, matchmakers, and so on. Due to the variety of types of kinship relationships, it is advisable to consider only the main, most common types.

The first group includes blood ties, for example, parents and children, grandparents, brothers and sisters. This includes first cousins, as well as second cousins.

The second group, accordingly, consists of non-family ties (parents of the spouse, his brother or sister).

If we consider kinship not in a narrow legal field, but more broadly, then traditionally, for example, godparents can be considered relatives. However, from a legal point of view, such a relationship will not have any significance.

Sometimes you can come across a name for family ties that is quite unusual for the average person. For example, not everyone will be able to understand that a “daughter” is an aunt’s nephew, and a brother’s son is a “brother.”

Relatives who are consanguineous

Only those relatives who are related by origin are consanguineous. This can be either uplink or downlink communication. Depending on whether a relative is consanguineous or not, the scope of mutual rights and responsibilities between people depends.

This trend can be traced, for example, in the legal relations between parents and children arising due to origin. Everything is clear here, but are the parents themselves related to each other by blood? In this case, the connections that arise as a result of marriage are not blood or direct relationships, but only acquired ones.

In addition to parents and children, blood relatives include brothers and sisters, grandparents and grandchildren, uncles, aunts and nephews, as well as other relatives, provided that they are related by descent. Thus, origin is the key factor in the presence of consanguinity.

The concept of “close relatives”

Unlike blood, close relationship is a broader concept. The term “close relative” itself is enshrined in Article 14 of the RF IC, according to which close relatives mean both brothers and sisters (both full and not), and, naturally, parents and children, and also grandparents and grandchildren .

As we can see from this definition, blood and immediate relatives are largely overlapping concepts, although blood relatives are understood as a somewhat wider range of subjects.

For example, according to the current legislation of the Russian Federation, during adoption, the status of an adopted child is no different from the status of a natural child.

Thus, such types of kinship as blood and close relationships often overlap, but do not completely coincide. At the same time, the adopted child will actually be considered a natural child, with absolutely the same amount of rights as if he had a biological origin from the adoptive parent.

Other blood relatives

When considering the issue of consanguinity, we should not forget that, in addition to parents and children, grandparents and grandchildren, as well as brothers and sisters, this category also includes others, for example, first cousins, second cousins ​​or fourth cousins.

Fourth cousins ​​include those relatives who have a common great-grandfather and great-grandmother; according to the degree of kinship, they are four-generation relatives.

Thus, the determining factor for determining whether siblings are related to each other by blood degree will be the presence of a common ancestor, for example, if they share a common great-grandmother.

If your grandmother or grandfather had a brother or sister, then, accordingly, their grandchildren will be your second cousins.

But cousins ​​will be children born in the marriage of a brother or sister of your parents.

The term cousin is used to refer to cousins. Therefore, if the question suddenly arises, who is a cousin in family ties, then this is a cousin.

Kinship relationships arising in marriage

When entering into a marriage, the spouses may have a question: to what degree of kinship are they in relation to each other? After all, there is no blood connection between them, but at the same time, marriage is family ties. According to family law, spouses cannot be close relatives, because marriages between them are expressly prohibited by law.

Legal relations arising in marriage are family legal relations between persons related by property.

Property is a relationship that arises due to the marriage of spouses and, in addition to creating a family, entails the emergence of family ties between the relatives of the wife and husband.

In other words, before marriage, the relatives of the spouses are not related to each other in any way, but after the newlyweds create a family, a relationship arises between the two clans, accordingly, now they are “in-laws.”

For the emergence of this kind of family ties, naturally, the first condition is marriage.

If a man and a woman get married, then their relatives become relatives. So, for example, if a wife has a brother, then he becomes a brother-in-law in relation to his sister's husband. If, for example, your sister gets married, then your sister’s husband will become your brother-in-law.

It is interesting that in the intricacy of names of connections between relatives of a husband and wife, there are terms that have several meanings in everyday life. For example, for a woman who is involved in dating men and women with the aim of creating families, a term such as “matchmaker” is traditionally used, but this term also refers to the mothers of spouses in relation to each other.

Relatives of the spouse in relation to the wife

The variety of possible family ties sometimes creates confusion in the understanding of who is actually related to whom, so the family ties of the husband and wife should be considered simultaneously with their connections in relation to new relatives (the husband’s relatives relative to the wife and vice versa).

Marriage leads to the fact that the relatives of the wife and husband, in turn, become relatives in relation to each other. The closest ties arise with the parents of the wife or husband. In this regard, the husband’s mother will be called mother-in-law, and, accordingly, the husband’s father will be called father-in-law.

In this regard, the question of the relationship between the wife’s parents, not only in relation directly to herself, but also in relation to her husband’s parents, is also interesting. How will the newlyweds' parents relate to each other?

Thus, the husband’s mother will be a “matchmaker” in relation to his wife’s parents and vice versa, and the father, accordingly, will be a “matchmaker.”

Simply put, a matchmaker is the mother of one of the spouses in relation to the parents of the other.

Wife's relatives in relation to husband

The wife's mother will be the husband's mother-in-law, and the wife's father will be the father-in-law. The daughter's husband is her parents' son-in-law.

As for the wife's mother, as a rule, in this case the terminology does not cause difficulties. This is largely due to the fact that the wife’s mother is the relative with whom the newly-made husband has to deal more often than with others. Some people even call their wife’s mother a second mother, but the term “mother-in-law” will still be traditional.

Consanguinity due to remarriage

In determining the legal status of children from previous marriages, the official establishment of paternity or maternity plays a key role. So, if the child’s father does not want or cannot raise him, then he may be deprived of parental rights. At the same time, the subsequent adoption of a child from a previous marriage will result in him becoming the son of the new father. In this case, the step-son of one of the spouses loses his legal connection in relation to his blood father.

Rights and responsibilities of family members towards each other

The main principle in the legal status of family members is respect for the equality of spouses. This, in particular, is reflected in the freedom to choose professional activity, occupation, profession, place of residence, and so on.

Family ties presuppose the emergence of property rights and obligations among spouses, for example, all property acquired jointly during marriage will be considered common.

Confirmation of family ties

Sometimes you have to face a situation in which official confirmation of relationship may be required. The latter may be necessary in cases where there is a need to establish family ties. For example, this often happens during inheritance so that the notary can identify the relationship between the heir and the testator.

Sometimes a document confirming a relationship can be a properly executed certificate of relationship (from the registry office). But most often you have to act through the court, by filing a claim to establish family ties.

The theory of family law distinguishes such concepts as blood and close kinship, and distinguishes direct and indirect (lateral) kinship into separate types. The variety of all kinds of family ties very often makes it difficult to understand who is related to whom.

From a legal point of view, only a legally established connection will be significant. For example, spiritual kinship does not create any legal relations at all.

From a social point of view, the importance of family ties is also difficult to overestimate, because each of us in difficult life situations counts on the help of loved ones, just as our relatives rely on us.

Order of kinship in inheritance: Video

Lawyer. Member of the Bar Association of St. Petersburg. More than 10 years of experience. Graduated from St. Petersburg State University. I specialize in civil, family, housing, and land law.

There are many situations when you need to know who is considered a close relative according to the law. The need to pay tax on a gift, division of an inheritance without a pre-written will, confirmation of nationality.

In some cases, situations arise when, on the contrary, it is necessary to confirm that there is no relationship between people - for marriage, employment in law enforcement agencies, etc.

The concept of “close relatives” in the legislation of the Russian Federation

Depending on the branch of law, the concept of “close relatives” has several interpretations.

So for example:
Article 14 of the Family Code of the Russian Federation states that close relatives include:
- relatives in a direct ascending as well as descending line (children, parents, grandparents and grandchildren);
- full (blood) and half (who have a common mother or father) brothers and sisters.

Article 25.6 of the Code of the Russian Federation on Administrative Offenses under the concept of “close relatives” means:
- parents and children;

- siblings;
- grandfather and;
- grandchildren.

Article 5, paragraph 4 of the Criminal Procedure Code of the Russian Federation calls close relatives:
- spouse;
- adoptive parents and adopted children;
- siblings;
- grandparents;
- grandchildren.

Clause 18.1 of Article 217 of the Tax Code of the Russian Federation states that close relatives are the persons listed in Article 14 of the Family Code of the Russian Federation.

Based on the above, the role of a spouse as a close relative is mentioned only in the Criminal Procedure Code. Who are spouses really related to each other?

Spouse: close relative or family member?

Considering that Article 14 of the Family Code contains the most complete list of persons who are considered close relatives, and the majority rely on it, the spouse is not considered a close relative, but belongs to family members.

From a legal point of view, family members are people who are related by kinship and (or) affinity, who live together, and also lead a joint household.

According to a letter dated October 7, 2010 from the Russian Ministry of Finance, the ex-spouse is neither a close relative nor a family member.

And if a husband gave an expensive gift to his wife, and they were divorced at the time of filing the return, the ex-wife is not required to pay tax on the expensive gift. To do this, the ex-spouse must attach to her declaration to the tax authority documents indicating legal marriage at the time of receipt of the gift and a certificate of divorce.

Take care of yourself and carefully study the law! After all, ignorance does not relieve one from responsibility.