As the lawyer explained, at present, situations arise in various regions of the country when a parent who has not previously participated in the upbringing of a child takes steps to enter into an inheritance after the death of a son (daughter) in the zone of a special military operation.
At the same time, according to Solovyov, there are frequent cases when such a parent, not only until the moment of death, was not interested in the upbringing and life of his child, but also has debts for previously accrued maintenance obligations.
“At the same time, such a parent is legally the heir of the first stage and, in the absence of a will, has a priority right to enter into an inheritance,” the expert explained.
The list of property claimed by unscrupulous parents includes not only real estate and movable property, but also insurance and social benefits from the state accrued in the event of the death of a soldier, the source added RT.
“In connection with the foregoing, I ask you, dear Vyacheslav Mikhailovich, to give instructions to develop proposals for clarifying the judicial procedure for recognizing an heir as unworthy,” the appeal says.
Solovyov clarified that at present Art.
1117 of the Civil Code of the Russian Federation provides for such criteria, including establishing that, at the request of the person concerned, the court removes from inheritance under the law citizens who maliciously evaded the fulfillment of their legal obligations to support the testator.
However, according to the expert, the existing jurisprudence very narrowly interprets the dishonesty of a potential heir, ignoring cases of non-fulfillment of duties for the upbringing and maintenance of the child.
Earlier, Solovyov announced the need for the prosecutor's office to monitor the statements of public people directed against the special military operation.