Unfortunately, everyone is not eternal, including investors. What should relatives do if there are controversial moments when the owner of the investment dies? In the previous article, we examined the standard procedure for obtaining an inheritance in the form of funds on a broker’s account. Now we will talk about other situations that also take place and quite often.
Situation number 1.
There are 33 shares left on the account, for which 2 heirs apply
A will was not drawn up in this situation. Therefore, in accordance with our legislation, in the event of inheritance, the share cannot be divided in half, i.e. heirs will not be able to receive 16.5 shares. How to be?
1. Open in the depository or in the register (in accordance with the certificate of the right to inheritance) an account of common shared ownership and enroll there 33 shares, and then, under an agreement of sale, donation, etc., one heir gives another a certain (or all) volume securities so that both have a whole number of shares on their accounts, and then they keep them further or sell them.
Note: if the account of the deceased is not stocks, but units of mutual funds, then there will be no problems, since the investment share is a fractional security.
2. After receiving the certificate of the right to inheritance, it is necessary to draw up an Agreement on the division of property with a notary, where it will be clearly spelled 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 remaining in the deceased’s account.
Situation number 2.
There are 34,579 rubles 45 kopecks left on the account, which are claimed by 2 heirs
The will was also not drawn up. This amount is not divided equally in half. How to be in this situation?
1. Draw up an Agreement on the division of property with a notary, where it will be precisely indicated to which heir how much money is due.
Note 1: in this example, the costs of drawing up such an agreement with a notary will pay off, but dividing the amount in the region of 2000-3000 rubles will most likely be economically ineffective.
Note 2: Please be aware that after the notary issues the certificate of inheritance, dividends on shares may be credited to the account if they are also present on the deceased’s account. If dividends are credited to the account after the notary has issued a certificate of the right to inheritance, then it may be necessary to make a new certificate in accordance with the new data.
2. Wait until dividends come on the securities that are on the account of the deceased. Perhaps, thanks to them, the amount will be divided equally. But it is very difficult to say in advance.
Situation number 3.
The heir (one of the heirs) is a citizen of another country
In this case, the heir will have to provide a translation of his passport into Russian, certified by an apostille, as well as a certificate of temporary registration in the territory of the Russian Federation, if his civil passport does not have a registration stamp.
If the heir cannot deal with the inheritance procedure himself, then he can appoint a trustee and issue him a notarized power of attorney to represent his interests.
Situation number 4.
One or more heirs are under 18 years of age
In this situation, their interests must be represented by legal representatives (parents) or guardians. Parents will need to provide notarized documents:
2) birth certificate of the child;
3) orders from the guardianship and guardianship authorities for the right to act on behalf of the child.
How to keep the inheritance process to a minimum
We have considered some situations, in fact, there can be many nuances. In this regard, a reasonable question arises: “Is it possible to do so as to reduce all this red tape with inheritance to a minimum?” You can, and there are 3 solutions here:
- The owner of the assets writes a will, which determines the exact amount of property that his heirs will receive in case of his death. It is the exact size, not the proportion.
- Before receiving a certificate of the right to inheritance, the heirs agree that one of them will accept the inheritance and then enter into it, sell the property, and then the assets are equally divided among all. Naturally, this is possible only if there are good, trusting relations between the heirs.
Note: remember that you can only accept the whole inheritance or refuse the entire inheritance. You cannot take an apartment, a car, and refuse shares. Either all or nothing.
- After accepting the inheritance by all heirs, draw up an Agreement on the division of property with a notary. This option was described in more detail in Situation # 1 and Situation # 2.