From an accidental explosion on the railway

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Uploaded: 16.01.2020
Content: S19-502.docx 16,14 kB

Product description

An accidental explosion on the railway injured several passengers. Among them were the spouses Nesterenko, taken in serious condition to the hospital. Unable to withstand the operation, Nesterenko’s husband died at night, and his wife died 9 (nine) hours later. The spouses did not have common children, the husband had no parents. The wife’s daughter from her first marriage applied to the notary’s office for the transfer of her mother’s property and her stepfather’s property under the certificate of inheritance. She stated that since the stepfather had no direct heirs under the law, her mother was supposed to receive her mother who died after her stepfather. But her mother did not have the opportunity to accept the inheritance, and therefore, according to the rules on the hereditary transmission, she, the daughter of Nesterenko, does it. The notary explained to his daughter Nesterenko that she could receive a certificate of inheritance in the property of her mother, but she did not have a right to the property of her stepfather.
1. Does the notary´s explanation comply with the law?
2. What explanation should a notary give if it has been established that the death of Nesterenko’s mother occurred on the other day after the death of her husband’s mother.
3. Will the composition of the inheritance transferred to Nesterenko’s daughter change if she proves that the apartment in which the Nesterenko’s spouses lived was privatized with the consent of her husband only by her mother?

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