Whether the spouse of a child is entitled to inherit the parent s estate if the child dies before th

Updated on society 2024-03-03
5 answers
  1. Anonymous users2024-02-06

    No. The estate of the father or mother, if there is a will, follow the will; If there is no will, it shall be inherited by the spouse, children and parents. The spouse of a child is not a legal heir and has no right to inherit.

    Where the decedent's children die before the decedent, the descendants of the decedent's children shall inherit by subrogation.

    Article 5 of the Inheritance Law 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 The 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 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.

  2. Anonymous users2024-02-05

    After my husband dies, do the children I bring have the right to inherit?

  3. Anonymous users2024-02-04

    1. Whether the spouse of the deceased child has the right to inherit.

    1. The spouse of the deceased child of the elderly generally does not enjoy the right of inheritance. However, if the widowed daughter-in-law has fulfilled the main obligation of support to her in-laws, she has the right to inherit. According to the relevant laws and regulations, after the commencement of inheritance, it shall be handled in the order in which the will is superior to the statutory succession and the bequest and maintenance agreement is superior to the will.

    and if the widowed daughter-in-law has fulfilled the main obligation of support to her in-laws, she shall be the heir in the first order.

    2. Legal basis: Article 1127 of the Civil Code of the People's Republic of China.

    The estate is inherited 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. 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.

    Article 1129.

    Where a widowed daughter-in-law has fulfilled the main obligation of support to her parents-in-law, or a widowed son-in-law to her parents-in-law, she is to be the first-order heir.

    2. What is the scope of application of statutory succession.

    1. The testamentary heir renounces the inheritance or the legatee renounces the bequest;

    2. The testamentary heir loses the right of inheritance or the legatee loses the right to be bequeathed;

    3. The testamentary heir or legatee dies or is terminated before the testator;

    4. The estate involved in the invalid part of the will;

    5. The estate that has not been disposed of by will.

  4. Anonymous users2024-02-03

    Summary. Yes, according to the inheritance law, if the child dies before the parent, the spouse can inherit, but it is necessary to pay attention to the specific legal provisions.

    If a child dies before a parent, does the spouse have the right to inherit?

    Yes, according to the inheritance law, if the child dies before the parent, the spouse can inherit, but it is necessary to pay attention to the specific legal provisions.

    I'm still a little confused, can you be more detailed?

    In China's civil law, the Inheritance Law stipulates the order of succession, called the "legal order of succession", which does not stipulate that the spouse has priority over the deceased child's inheritance. Therefore, if the spouse dies before the child, the child will become the heir. Conversely, if a child dies before the doll is dispensed, then the spouse will be the sole heir.

    It is important to note that if a child dies while the parents are still alive, their descendants (i.e. the grandchildren of the decedent) will inherit the estate instead of the spouse. Therefore, in inheritance, the spouse is not one of the absolute priority heirs, but is determined according to the legal order of succession.

  5. Anonymous users2024-02-02

    Summary. Spouses do not have the right to inherit. Where the decedent's children die before the decedent, the decedent's children are to be subrogated by the direct descendants of the decedent's blood relatives. If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation.

    If a child dies before a parent, does the spouse have the right to inherit?

    Spouses do not have the right to inherit. If the decedent's children precede the decedent's deceased brother, the direct blood relatives of the heir's children shall be subrogated. If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation.

    Can you add, I don't quite understand it.

    Dependent step-siblings. Article 1128: [Subrogation] Where the children of the decedent are separated before the decedent, the blood relatives of the decedent's children are to inherit by subrogation. If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation.

    The subrogated heir can generally only inherit the share of the estate that the subrogated heir is entitled to inherit.

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