Whether the money in the deceased s wife s card belongs to the joint property of the husband and wif

Whether it is joint property shall be determined in accordance with the law, and the legal basis is Article 1 of the Marriage Law.

Ten. Seven, ten.

8.19. The inheritance of the joint property of the spouses is governed by article 1 of the Inheritance Law.

5. The provisions of Articles 10 and 26 shall be implemented.

Legal basis: Article 17 of the Marriage Law The following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife

1.salaries, bonuses;

2.income from production and operation;

3.proceeds from intellectual property rights;

4.property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5.Other property that should be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

1.a party's pre-marital property;

2.Medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury;

3.Property that is determined in a will or gift contract to belong to only one of the husband or wife;

4.daily necessities for one party;

5.Other property that should belong to one party.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

Article 5 of the Inheritance Law provides that after the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 10, inheritance shall be carried out in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Article 26 Unless otherwise agreed, if the jointly owned property acquired by the husband and wife during the existence of the marital relationship is divided, half of the jointly owned property shall be divided into the spouse's property and the rest shall be the inheritance of the decedent.

Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.

It is part of the joint property of the husband and wife. The right of inheritance inherits the inheritance left by the relation. In the event of the death of one of the spouses, half of the joint property of the spouse is legally inherited by the spouse, children, parents. Specifically, you can contact the legal consultation post.

Ask a certified lawyer.

Have the right to inherit. If there is no special agreement, it belongs to the joint property of the husband and wife, half of which is the estate of the deceased. In the absence of a will, the deceased's parents have the right to inherit under statutory succession.

This is recommended that you find a consultation post bar to ask a specialized marriage and family lawyer, who will give an accurate answer.

Legal basis: Civil Code of the People's Republic of China

Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment; Accompany the ruler.

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 1065:The parties to the double judgment may stipulate that property acquired during the existence of the marital relationship and property before marriage shall be separately owned or jointly owned, or partially owned separately or partly jointly owned. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

Yes, parents, as the first heirs, have the right to inherit their children's estate. Article 112 of the Civil Code The inheritance of the estate shall be in the following order: (1) The first order:

spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no inheritance by the first-order heirs, the second-order heirs shall inherit it.

For the purposes of this Part, the term "children" includes legitimate children, illegitimate children, adopted children, and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Article 1127 of the Civil Code provides that inheritance shall be carried out in the following order: (1) The first order: the spouse, children, and parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit. Article 1130:The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs whose parents have the right to inherit marital property and are in the first order of the marital property shall generally distribute the inheritance equally, and the heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may divide the inheritance more when distributing the inheritance, and if the heirs who have the ability and conditions to support do not fulfill their obligation to support, they shall not divide or divide the inheritance less.

Civil Code of the People's Republic of China

Article 1127.

The estate is inherited in the following order:

a) First order:

spouse, children, parents;

2) Second Order Mingdou:

Siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not.

If there is no first-order heir, the second-order heir shall inherit.

Civil Code of the People's Republic of China

Article 1130.

The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who have special difficulties in life and lack the ability to work and work shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

Where the heirs agree through consultation, it may also be unequal.

Legal Analysis: When one of the spouses dies, the property is inherited by the heirs. If one of the husband and wife dies, their personal property shall be inherited as an inheritance, and if there is no will, the first heir in line shall inherit the estate in equal proportion according to the legal inheritance.

If there is an agreement on the division of marital property between the two parties before their death, the personal property of the decedent shall be confirmed according to the agreement. ”

Legal basis: Civil Code of the People's Republic of China

Article 121 Inheritance begins when the deceased dies. Where several persons who have a relationship of inheritance with each other die in the same event, and it is difficult to determine the time of death, it is presumed that the person who has no other heirs dies first. If there are other heirs, and the generations are different, it is presumed that the elder died first; If they are of the same generation, they are presumed to have died at the same time, and no inheritance occurs between them.

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Death benefits are not part of the marital property. Death compensation refers to the liability of the compensation obligor to the close relatives of the deceased. The joint property of the husband and wife is the property enjoyed by both spouses.

Therefore, it can be judged that the death compensation does not belong to the joint property of the husband and wife, but the wife can share the corresponding share of the death compensation according to her status as a relative.

Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship is the joint property of husband and wife and is jointly owned by husband and wife: (1) Wages, bonuses, and remuneration for labor services; 2) Income from production, operation and investment; 3) income from intellectual property rights; 4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; 2) Compensation or compensation received by one party for personal injury; 3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for one side's special preparation; (5) Other divination assets that shall belong to one side.

Legal Analysis: Not Included. The content of the death compensation is compensation for the loss of income of the right holder, and the nature is compensation for the property damage of the deceased's close relatives, and it does not belong to the joint property of the husband and wife.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages, bonuses, and money; (2) Income from production and operation; 3) income from intellectual property rights; (4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; (5) Other property that shall be owned by the joint reformers.

Husbands and wives have equal rights to dispose of jointly owned property.