Inheritance is an issue that frequently becomes a source of conflict even among close relatives, and it is particularly challenging when the heirs are children from different marriages.
Experts from the family law blog “Family Law Help” explained how the deceased's assets are distributed among such children.
Rights of Children from Previous Marriages to Inherit
According to the law, children are the primary claimants to their parents' inheritance. All children, regardless of whether they were born in or out of wedlock, adopted, or even born after the father's death (within 10 months), have equal rights to inherit. This means that children from previous marriages can also claim inheritance, even if the assets are registered to a widow or widower, but only concerning the assets acquired during that marriage.
To avoid complications, experts recommend preparing a will in advance, clearly outlining the distribution of assets after the testator's death. If no will exists, the assets are distributed according to the law.
Who is Entitled to a Mandatory Share of the Inheritance?
The law protects the interests of the most vulnerable categories of heirs, guaranteeing them the right to a mandatory share regardless of what is stated in the will. These individuals include:
children under 14 years of age;
teenagers aged 14 to 18;
adult disabled children;
disabled widows or widowers;
disabled parents.
These heirs have the legal right to receive inheritance. In case of a dispute, descendants can approach the court to resolve the conflict. It is important to note that any of the selected heirs can decline the inheritance by submitting the appropriate application to the notary.