When the son dies, give the mother a blood meridian, and whoever inherits the rest

Updated on society 2024-02-23
28 answers
  1. Anonymous users2024-02-06

    According to Articles 17 and 18 of the Marriage Law, money given by a mother to a son during a marriage shall be regarded as joint property if it is not specified that it belongs only to the son. After the death of the son, half of the money goes to the daughter-in-law as joint property, and the other half of the daughter-in-law also has the right to inherit.

  2. Anonymous users2024-02-05

    Hello, since the property has been given to the son, the son has the ownership of the property, and the property is converted into an inheritance after the son's death. It is just necessary to distinguish whether it is given by the son before marriage or after the son's marriage. According to the provisions of China's Marriage Law and Inheritance Law, if it is a pre-marital gift, it belongs to the son's personal property, and all first-order heirs participate in the inheritance; If it is a post-marital gift and it is not indicated that the gift was given to the son alone, it is the joint property of the husband and wife, and the existing wife divides half of it, and the remaining is inherited by the heirs in the first order.

  3. Anonymous users2024-02-04

    No, since it is a gift, the money belongs to the son, and after the son's death, the son's spouse, children and parents are the first heirs, and the property should be divided equally. Unless there is a will that says that the rest of the money will be inherited by the mother.

  4. Anonymous users2024-02-03

    The mother can inherit the son's estate and cannot claim the property as a gift.

  5. Anonymous users2024-02-02

    Whether the elderly can inherit the inheritance of their children after the death of their children depends on the specific circumstances. If the child has a will to appoint an heir, the inheritance needs to be executed in accordance with the will, in this case, as long as the will does not specify the parents to inherit, the parents do not have the right to inherit and the share of the inheritance. If, after the death of the child, the parents also die.

    Then the premise that the child appoints an heir without a will, the parents have the right to inherit and inherit the share, and after the death of the parents, his inheritance share can be used as an inheritance and go through the procedures for transferring the inheritance. If the parents died before the child, then the parents do not have the right to inherit the child's estate in this case. Of course, in practice, the property rights of the deceased's spouse should also be considered, and the property must be disposed of before it can be inherited.

    For those who have fulfilled their primary duty of care, they may appropriately divide some more property. Legal basis: Article 5 of the Inheritance Law of the People's Republic of China shall be handled in accordance with the statutory inheritance after the commencement of 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 of the Inheritance Law of the People's Republic of China The inheritance shall be inherited 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.

  6. Anonymous users2024-02-01

    1. How to inherit the inheritance when the child dies before the parents:

    According to Article 11 of the Inheritance Law of the People's Republic of China, if the children of the decedent die before the decedent, the descendants of the children of the decedent shall inherit by subrogation. Subrogation has the following legal characteristics:

    1. For subrogation to occur, there must be a legal fact that the children of the decedent died before the decedent.

    The children of the decedent are also subrogated persons, including legitimate children with inheritance rights, illegitimate children, adopted children and dependent stepchildren.

    The death of the decedent's children, including natural death and declared death under civil law.

    2. The subrogated heir must be the direct blood relative of the decedent's children. That is, the grandchildren, maternal grandchildren or great-granddaughters of the decedent, maternal great-grandchildren, etc. Subrogation is not limited by the number of generations.

    3. The subrogated heir can generally only obtain the share of the inheritance that the subrogated person should inherit. Regardless of the number of subrogated heirs, the right of inheritance is only exercised on behalf of the subrogated person.

    4. The subrogated heir must have the right of inheritance before his death. If the decedent's children have lost the right of inheritance during their lifetime, their descendants may not inherit by subrogation.

    5. Subrogation is only applicable to the statutory inheritance method. The right of subrogation is realized on the premise that the children of the decedent die before the decedent. It should be noted that subrogation also applies to fetal retention, and the principle is the same as that of the fetus in legal succession.

  7. Anonymous users2024-01-31

    If the son does not have a will, then the parents are the first-order legal heirs and have the right to inherit the son's estate.

    If after the death of the son, the parents also die. Then the premise that the son appoints the heir without a will, the parents have the right to inherit and inherit the share, and after the death of the parents, their inheritance share can be used as an inheritance and go through the inheritance procedures.

    If the parents die before the son, then the parents have no right to inherit the son's estate.

    Of course, when inheriting, it depends on whether the property in the son's name is the joint property of the son and the daughter-in-law.

    Question: Ask my son if he is not married, and his friends are not playing with him, so he was in a car accident. The house was originally bought by his parents, and what procedures are required to transfer the house.

    Ask the name of the child.

    2. Go to the district or city notary office (the original export commercial house to the city notary office) for inheritance notarization, and there are two kinds of real estate inheritance: one is testamentary inheritance, and the other is statutory inheritance. The materials that need to be submitted are:

    1. Death certificate of the decedent;

    2. The property right certificate or other certificate of the house;

    3. Household registration book or other documents that can prove the kinship between the deceased and the legal heir;

    4. The identity document of the heir;

    Another information to be submitted for the notarization of inheritance rights with a will: the will made by the deceased (the will must be a notarized will, and other forms of wills are not accepted for the time being because their authenticity cannot be determined).

    3. For the registration of house transfer, the applicant is the heir or legatee.

    The applicant shall submit the following documents to the registration authority: Application for Real Estate Registration (Original), Certificate of Identity (Copy), Certificate of Real Estate Right (Original), Notarized Certificate of Inheritance or Testament and Notarial Certificate of Acceptance of Bequest (Original) Deed Tax Payment Certificate (Original).

  8. Anonymous users2024-01-30

    If you don't have a will, you will inherit according to the legal inheritance, and the first priority of legal succession: spouse, parents, and children, in principle, will be divided equally by the above people. Therefore, parents inherit equally with their spouses and children.

  9. Anonymous users2024-01-29

    If there is a daughter-in-law, half of the joint property of the son and daughter-in-law after marriage belongs to the daughter-in-law, and the other half is the son's inheritance, and the parents, daughter-in-law and grandchildren divide the son's inheritance equally according to the capitation.

  10. Anonymous users2024-01-28

    The joint property of the son and his wife is first divided into two parts, one for the son and the other for the daughter-in-law.

    Then, the first heir in line to inherit (spouse, parents, children) inherits the share in the son's name.

  11. Anonymous users2024-01-27

    The parents have the legal right to inherit the son's estate.

    According to the Inheritance Law, if a son dies, if there is a will, follow the will, and if there is no will, the estate shall be inherited by the spouse, children and parents of the first-order heir.

    When distributing the inheritance, it shall be carried out in accordance with the principles stipulated in Article 13 of the Inheritance Law, and "the heirs who lack the ability to work shall be taken care of who have special difficulties in life." "Minor children and the elderly who have passed the statutory retirement age and have no livelihood** should be taken care of. The share of the inheritance inherited by other heirs shall generally be equal.

  12. Anonymous users2024-01-26

    The stipulation is that if the deceased dies, it depends on whether there is a will to appoint an heir, and if there is a will, the inheritance will be executed according to the will.

    Intestate, inherited by the first order of heirs of the deceased, spouse, children, parents, and three parties.

    Therefore, the deceased has the premise that the deceased has no will to designate a special person to inherit, and the parents have the right to inherit.

  13. Anonymous users2024-01-25

    Have the right to inherit. In the case of joint property, half of the property is divided to the wife, and the other half is the husband's inheritance, which is jointly inherited by the parents, the wife and the three minor children.

  14. Anonymous users2024-01-24

    Yes, the inheritance statute stipulates that spouses, children, and parents are the first heirs to the property. The above three people have the same inheritance rights.

  15. Anonymous users2024-01-23

    Yes, the first parent and the child are the first heirs.

  16. Anonymous users2024-01-22

    If the immediate family is gone, it will be on the side.

  17. Anonymous users2024-01-21

    Husband If the husband is gone, he is a child.

  18. Anonymous users2024-01-20

    Close relatives can also spend it, so why not let yourself live better?

  19. Anonymous users2024-01-19

    Half of the property belongs to the wife, and the remaining half is the inheritance, and the parents, children, and wife are the first heirs and are divided equally.

    Wife: 1/2 + 1/2 multiplied by 1/4; i.e. 5/8 of the property.

    Son: 1/2 by 1/4; That's 1/8 of the property.

    Father and mother: 1/2 by 1/4 each; That is, 1/8 of each property.

    Happy Chinese New Year to you!

  20. Anonymous users2024-01-18

    Quite simply, first determine whether it is joint property or joint property by shares, and if so, only half or the man's share can be processed. The remaining part is divided equally between parents, wives, and children. If it is the personal property of the deceased, it will be divided equally among several people.

    The premise depends on whether the house has a mortgage that has not been repaid, and whether there is a mortgage.

  21. Anonymous users2024-01-17

    The Property Law stipulates that parents, wives, and children have the same inheritance rights. According to the 50% share of the son and the wife, the 50% share of the son is distributed according to the number of people.

  22. Anonymous users2024-01-16

    If the deceased does not have a will, the property is inherited in the order of statutory succession. The wife, son, and parents of the deceased are the legal heirs in the first order, and in accordance with the provisions of the Inheritance Law, the heirs in the same order generally inherit the same share of the inheritance.

  23. Anonymous users2024-01-15

    What a mess, what is the theme.

  24. Anonymous users2024-01-14

    A son who kills his mother is not entitled to inherit his parents' estate. As long as the heir loses the right to inherit for the purpose of intentional killing, regardless of whether the purpose is achieved or not, the inheritance cannot be inherited.

    Legal analysisAccording to the relevant laws and regulations, inheritance is divided into testamentary succession and statutory succession. In the case of testamentary succession, the decedent has the right to decide who will inherit his estate. Testamentary succession is the embodiment of the principle of party autonomy.

    If the heir intentionally kills the decedent, kills the remaining heirs for the purpose of competing for the inheritance, abandons and kills the remaining heirs, abandons the heir, or abuses the decedent if the circumstances are serious, or forges, tampers with, or destroys the will, the heir shall lose the right of inheritance. The intentional killing of the decedent by the heir is a serious crime, and the right to inherit is forfeited whether it is completed or attempted. The only thing a person can leave to his relatives after death is the property he has accumulated during his lifetime, which will be distributed to the heirs according to the provisions of the law or the will of the deceased.

    Having the status of an heir also means being able to obtain property unconditionally. If the heir is desperate to obtain the inheritance as soon as possible and maliciously puts the heir in danger or even death, then the heir will not only lose the inheritance rights that he already has, but will also be sanctioned for his own harm to the decedent. So please be sensible, don't get carried away by money, and do things that hurt your loved ones.

    Legal basisArticle 1125 of the Civil Code of the People's Republic of China Where an heir commits any of the following acts, he loses the right of inheritance: (1) intentionally killing the decedent; (2) killing other heirs for the purpose of competing for an inheritance; (3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious; (4) Forging, altering, concealing, or destroying a will, where the circumstances are serious; (5) Using fraud or coercion to compel or obstruct the decedent from establishing, modifying, or withdrawing a will, and the circumstances are serious. Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights.

    Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.

  25. Anonymous users2024-01-13

    According to the law, a son who kills his mother is not entitled to inherit his mother's estate, but he can still inherit his father's estate.

    The relevant law provides for the Inheritance Law of the People's Republic of China

    Article 7 The heirs shall lose the right of inheritance if they have any of the following acts:

    1) Intentionally killing the decedent;

    2) Killing other heirs for the purpose of competing for an inheritance;

    3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

    4) Forging, altering, or destroying a will, where the circumstances are serious.

  26. Anonymous users2024-01-12

    No, Article 7 of the Inheritance Law shall forfeit the right of inheritance if the heir commits one of the following acts:

    1) Intentionally killing the decedent;

    2) Killing other heirs for the purpose of competing for an inheritance;

    3) Abandoning the heir, or abusing the heir, where the circumstances are serious;

    4) Forging, altering, or destroying a will, where the circumstances are serious.

  27. Anonymous users2024-01-11

    No, there are provisions in the inheritance law. Loss of inheritance. If there are still heirs, there are other heirs to inherit, if not. The estate of the deceased is owned by the state.

  28. Anonymous users2024-01-10

    Even if there is none, this kind of person who has no conscience cannot give.

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