Questions about transfer and substitution of succession. Please help explain, thank you very much!!

Do you mean that A's brothers, B and C, now want the property that A's parents should inherit from A. If yes, listen to the analysis below:

1. When A dies, A's heirs are A's parents, daughter, and wife. A's property should be inherited by these four people.

2. After A's death, his parents claim inheritance within a few years, and the statute of limitations for his parents' claim for inheritance rights expires within two years after A's death, that is to say, after two years after A's death, A's parents have no way to inherit A's property.

3. Based on 2, B and C cannot claim to inherit property that their parents should inherit from A. A's property is inherited by A's daughter and wife. If A's parents inherit A's property, then A's daughter can inherit A's parents' property as her father, which will include A's parents' inheritance.

But not anymore.

If you have a problem, remember to copy it.

Absolutely. After A's death, the property is A, the wife gets A 2, and the remaining A 2 is A's estate, which is divided equally between the spouse, parents, and children in the first order, and A's daughter can go to subrogation before his parents, that is, he can share the grandparents' estate, and the share of the property has become the inheritance of A's parents, and A's daughter is of course entitled to inheritance.

Yes, A's daughter has the right to subrogation instead of subordination.

B gets 1 3, C 1 3, and A's daughter 1 3

You have reversed the concepts of succession and subrogation.

To paraphrase your example.

A is dead, but A's parents are still alive, and A has a daughter, so A's daughter has the right to subrogate A.

when inheriting a share of property from parents; This is subrogation.

Succession means that if A's parents die first, and A inherits the property of his parents but dies before the division of the property, his legal heirs inherit the property inherited from his parents on his behalf.

The key difference between the two is whether the parent dies before A or A dies before the parent.

A's property should be divided into three parts, with the parents inheriting one-third, which is the one in your example, and the daughter succeeding.

One third, and the wife one-third.

One-third of the parental inheritance is part A in your example, if there is no widow at the time of the parent's death.

The legal heirs of the parents (i.e., spouse, parents, and children) inherit their respective parts.

points, wherein, A is subrogated by the daughter)

If the parents of your parents are also deceased, then A's daughter, B and C will inherit one-third of the share of the property owned by your parents, i.e. A's daughters 1 3a, B 1 3a, and C 1 3a

Legal Analysis: Subrogation Inheritance and Transposition Inheritance are two special inheritance methods in China's inheritance system. In judicial practice, because the relationship between these two types of inheritance is relatively complex and often involves historical reasons, it is undoubtedly of great practical significance to accurately grasp the difference between subrogation and succession and the key between the two, so as to correctly understand and enforce the inheritance law and properly handle the relevant inheritance dispute cases.

Legal basis: Article 1153 of the Civil Code of the People's Republic of China Unless otherwise agreed, when dividing the property jointly owned by the husband and wife, half of the jointly owned property shall be divided into the property owned by the spouse, and the rest shall be the inheritance of the decedent. If the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.

Both transfer inheritance and subrogation occur due to the death of the heir and the right to exercise the right of inheritance, and the heirs of the heirs exercise the property inheritance of the decedent, but there are obvious differences between the two: 1. The time of the death of the heir is different. Subrogation is when the heirs of the decedent die before or at the same time as the decedent; Succession is when the decedent's heirs die after the inheritance activity has started and before the estate is processed.

2. The content of inheritance is different. Subrogation means that the children of the heir directly participate in the division of the decedent's estate, and participate in inheritance activities together with other persons with inheritance rights; The inheritance of the transfer of inheritance can only divide the inheritance of the legal heirs, and cannot jointly divide the inheritance of the decedent with other legal heirs of the decedent. 3. Different properties:

Succession is a second inheritance on the basis of the first inheritance, if the grandfather dies and the father dies before he has time to get the inheritance, the grandson will inherit the inheritance inherited from the grandfather (not yet distributed) by the grandson; Subrogation is the direct inheritance of the decedent's estate by the heir's descendants. 4. The scope of heirs is different. Subrogation can only occur within the scope of children who have direct blood relatives or pseudo-blood relatives with the decedent, such as children, grandchildren, and grandchildren, and are not limited by generation, they can become subrogated heirs; However, the heirs are not limited to the children, grandchildren, and grandchildren who have direct blood relatives or pseudo-blood relatives, and because the succession is the inheritance of the heir's Vola estate, the children, spouses, and parents of the first-order heirs have the right to inherit.

5. The statutory reasons are different. Succession can be either statutory or testamentary succession; Subrogation only occurs in legal succession.

The differences between generational inheritance and transfer inheritance are as follows:

1. The time of death of the heirs is different. Subrogation is the death of the heir before the decedent or at the same time, and subrogation is the death after the commencement of inheritance activities and before the disposition of the estate;

2. The inheritance content is different. Subrogation is the direct division of the estate by the children of the heir, and the transfer of inheritance can only divide the estate of the legal heirs;

3. The scope of heirs is different. Subrogation can only occur within the scope of children who have direct blood relatives or fictitious blood relatives with the decedent;

4. The scope of inheritance is different. Succession can occur in either statutory succession or testamentary succession.

What are the ways to inherit the estate.

1. Testamentary inheritance, that is, the decedent made a will before his death, designating the heir to inherit Pei Tang's own estate;

2. Bequest means that the deceased makes a will before his death, and gives the estate to the state, the collective, or a person other than the legal heir;

3. A bequest and maintenance agreement means that the decedent and the dependant enter into an agreement that the decedent shall bear the obligation of the decedent to support the deceased and bury him, and all or part of the property of the decedent shall be transferred to the dependant after his death. This method mainly occurs when the elderly have no one to support them;

4. Legal succession, that is, in the absence of the above three circumstances, the law determines the order according to the distance of kinship.

[Legal basis].Article 1152 of the Civil Code of the People's Republic of China.

After the commencement of inheritance, if the heir dies before the division of the estate and does not renounce the inheritance, the inheritance that the heir should inherit shall be transferred to his heir, unless otherwise arranged in the will.

The differences between succession and subrogation are: First, the time of death of the heirs is different. In subrogation, the heir dies before the decedent, and the heir dies after the death of the decedent but before the division of the estate.

It is changed to a different subject. The heir in subrogation is only the direct blood relative of the decedent, and the heir in the transfer inheritance can be the legal heir of the decedent's Sun Ying. Again, the legal consequences are different.

Subrogation is one inheritance process, whereas transsuccession is two inheritance processes. Finally, the scope of application is different. Subrogation only applies to statutory succession, not testamentary succession, while transfer succession applies to statutory succession and testamentary succession.

Article 1152 of the Civil Code provides that after the commencement of inheritance, if the heir dies before the division of the estate and does not renounce the inheritance, the inheritance that the heir shall inherit shall be transferred to his heirs, unless otherwise arranged in the will.