After the death of our parents, my brother and I received an inheritance in half. Now the brother is dead. Can I write an application to a notary to receive a share of his inheritance? He also has a daughter. Should the daughter receive the entire inheritance?
Answer provided 02.08.2023 09:18
The share of the inheritance that your brother should have received will go to his daughter, since she is the first in the line of inheritance according to the law.
According to Article 1276 of the Civil Code, if the heir by will or by law died after the opening of the inheritance and did not have time to accept it, the right to accept the share of the inheritance due to him, in addition to the right to accept the obligatory share in the inheritance, passes to his heirs (inheritance transmission).
The answer is informational and does not replace a full legal consultation. For a detailed analysis of your situation, contact a lawyer directly.