Only children inherit their parents real estate in 2021

The new inheritance regulations add two legal and effective ways to make a will: video will and printed will. This can alleviate a lot of troubles for the elderly, such as many old people who are illiterate and unclear when they are old, and they can record videos.

The new "forgiveness" system of wills, as the name suggests, is to give the elderly a chance to make a will to repent. Therefore, the "repentance" system gives parents another layer of protection, the opportunity to amend their wills.

1. The processing of inheritance in China is mainly divided into controversial inheritance litigation and undisputed inheritance notarization. A single-child family is only represented by a small number of first-in-line legal heirs (spouse, children, parents) of the decedent, and there is no special feature in the application of substantive laws and inheritance procedures.

2. If there are other legal heirs among the spouses and parents of the decedent, and there is a dispute over the division of the estate and it is not mediated, it will naturally go to court to litigate; If the other legal heirs die before him, and the only child is determined to be the only legal heir, the estate can be handled through inheritance notarization through non-litigation channels.

The Civil Code, which will come into force on January 1, 2021, contains detailed provisions on how parents' real estate can be transferred to their children by inheritance, and many of these provisions are new provisions based on the current situation. In other words, from 2021, the new rules on "inheritance rights" will be handled in accordance with the "new regulations" for parents' real estate.

1. The right of inheritance mentions two ways to make a will. Video Wills and Printed Wills.

2. "Witness" provisions.

3. The "amendment" system of wills. As the name suggests, it is to give the elderly a chance to make a will to repent, in real life, it is common to see children who are not filial to their parents, but in order to obtain their parents' real estate, one behind the other. Therefore, the "repentance" system gives parents another layer of protection, the opportunity to amend their wills.

4. The latest "first" principle of will. That is, as long as it is a legal and valid will, which will is the closest and most recent from now, then this will will be executed as the most effective will.

5. Scope of effective heirs. The new regulations increase the scope of heirs, including nephews, nieces, nephews, and nieces. You can inherit the property according to the law.

It is not easy for an only child to inherit a property, and it will save a lot of money by transferring the parents' property before 2021.

The new Civil Code has made changes to many areas of the law, most notably on the inheritance of houses. There were rumors that an only child could not inherit a house from his parents. The news sparked widespread panic and confusing many who didn't know what was going on.

In fact, this rumor is unfounded, and the new provisions of the Civil Code do not touch the inheritance rights of the only child at all.

In the new provisions of the Civil Code, the only child is still in the first priority of inheritance, but the new regulations increase the inheritance rights of the children of the siblings of their parents, but this provision is very special and will not be triggered under normal circumstances. In general, there are three types of people who are eligible to inherit real estate, namely legal spouses, children and their parents. It can be seen that the limited inheritance status of the only child has not wavered, and they can still own the property of their parents.

In the succession of second in line, there are also three groups of people, including the special group of brothers and sisters. Under the old rules, if all of these siblings were deceased, their children were not eligible to inherit the house. This provision has been changed in the new regulations to allow their children to have the right to inherit, but if this provision is to be triggered, it must be in the case of no one in the first line of succession, so it will not affect the rights of the only child, so everyone can rest assured.

In addition, the new rules also clarify the status of wills in the inheritance of real estate. In the past, people did not pay enough attention to the matter of wills, but now the law makes it clear that wills are valid documents. In the case of multiple wills, a notarization process should be carried out, usually with the most recent being the final version.

In addition, the video data was also recognized as legal testamentary evidence this time. After the implementation of the new regulations, people need to pay attention to the importance of leaving a will, and an authoritative will can save a lot of unnecessary disputes.

[Legal Analysis].: Parents can make a will to leave the house to any organization or individual other than their children; If a child fails to fulfill the responsibility of supporting the parents during their lifetime, the parents can completely deprive the child of the right to inherit real estate and property; A house that has been set up or has the right of residence shall not be inherited.

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

Article 169 The right of residence shall not be transferred or inherited. The dwelling for which the right of residence is established shall not be rented out, unless otherwise agreed by the parties.

Article 1130:The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who have special difficulties in living and lack the ability to 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 conditions to support does not fulfill his obligation to support, when distributing the inheritance, he or she should not share the difference or share less. Where the heirs agree through consultation, it may also be unequal. Article 1133:Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may designate an executor.

A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs. A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs. A natural person may establish a testamentary trust in accordance with the law.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

1. The handling of inheritance in China is mainly divided into controversial estate litigation and undisputed inheritance notarization. Single-child families have only a few legal heirs (spouse, children, parents) who are in the first line of the decedent, and there is nothing special about the application of substantive law and the procedure for dealing with inheritance. Single-child families can use the above two ways to deal with matters such as inheritance.

2. If there are other legal heirs in the spouse or parents of the decedent, and there is a dispute due to the division of the estate and cannot be mediated, the decedent will naturally file a lawsuit with the court; Where other legal heirs die before them and the only child is determined to be the sole legal heir, the inheritance can be handled through the non-litigation channel of estate notarization.

An only child can't inherit their parents' property? From 2020 onwards, the parents' real estate will be transferred like this!

There are no new regulations on inheritance this year, or the old version of the inheritance law is still used, first see if there is a will, if there is a will, it will be executed according to the will, and if there is no will, it will be inherited according to the law, and the parents, spouse, and children of the deceased have the right to inherit, that is, the only child who is surprised by most people cannot inherit all the inheritance of their parents.

If you want to inherit your parents' estate, you need to go to a notary office for consultation, and the inheritance needs to be notarized at a notary office before the transfer can be made.

When you go to inheritance, you know whether you need to pay property tax or something.

One. Testamentary succession or bequest.

Provide the deceased's death certificate, last words, and proof of kinship between the decedent and the decedent to apply for house transfer registration.

Two. Statutory succession.

There are three paths to legal succession:1Negotiate inheritance.

That is, if all the heirs can reach an agreement on the distribution of immovable property through consultation, they can submit the certificate of death of the deceased, the agreement of all legal heirs on the distribution of immovable property, the certificate of kinship between the heir and the decedent, and other necessary materials to request the transfer of ownership of the house; 2.Notarial inheritance. In other words, after the death of the decedent, the heir requests inheritance notarization, and requests to process the house transfer registration with the notarial certificate of inheritance; 3.

Litigation succession. If all the heirs cannot reach a consensus or cannot obtain the notarization of inheritance rights, they need to file a lawsuit for inheritance disputes with the court, and after the court judgment and mediation, they can request the registration of the house transfer with the effective legal documents issued by the court.

So can an only child inherit the full amount of their parents' property?

Only children are generally not allowed to inherit their parents' property in full. However, this does not apply to parents who have given the full amount to their only child through testamentary succession. In general, legal succession is carried out in the order of succession, and the first order includes:

Spouses, children, parents, and first-order heirs have equal inheritance rights, so in the form of legal succession, there may be cases where the only child cannot inherit the full amount of the parents' real estate.

The above is the lawyer's 2021 new policy on the inheritance of parents' real estate by an only child, I hope it will be useful to you.

Article 1127 of the Civil Code The inheritance of inheritance shall be in the following order:

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

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, 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.