On the issue of inheritance of property for mentally ill persons

If by inheritance, the children are the legal first-order heirs, and it is impossible not to receive a share of the inheritance.

The situation you are talking about can only make the sister give her house or property to his brother in the form of a gift, but the premise is that the sister must have civil capacity, which requires a psychiatric evaluation to see if the condition is serious enough to be incapacitated or limited in civil capacity. If they lack civil capacity, they cannot be gifted. If the civil capacity is restricted, the gift can be completed with the recognition of the guardian.

First, the sick woman can divorce first through litigation, so that her husband has no inheritance rights, and second, confirm the guardian of the sick woman; Third, the grandmother should now notarize a will, which can state that whoever raises the sick woman will give part of the inheritance to whomever she wants, and the rest can be given to her son and daughter-in-law; As for the last, it is the inheritance of the sick woman's son, I don't think you should worry about it, even if he doesn't get much, and it will be after the death of this woman.

This old grandfather passed away, and his first heirs in line were: parents, spouse, and children.

First of all, half of the joint property of his house should be separated to his spouse, and the remaining half should be inherited according to the law, that is, the spouse and children will be divided equally. Among them, if the grandfather is not supported or the responsibility and obligation of support is not fulfilled, no or less points can be shared. If the property is divided according to this, the court will generally follow this judgment.

After all, the house is a big deal, so you can hire a lawyer to be more conservative.

Now the name of the property says, if you are an uncle, you can, but you now go to the notarization of the property, to avoid the backlash, now go to negotiate with relatives and sign the agreement.

If the elder sister returns to normal, she can decide the inheritance of the property independently, and if she can't recover it, she should inherit it according to the law.

What about your last goal being to protect this sister's interests and prevent her son from inheriting her property? Still ask.

The old lady left the house with a son, what should my sister do?

Legal analysis: A mentally ill person who cannot recognize his own behavior is a person with no capacity for civil conduct, and the legal model person (guardian) of the party shall go through the inheritance formalities instead of exercising the power. The guardian of a person who lacks capacity for civil conduct may be a spouse, adult children and other immediate family members.

Legal basis: Article 1133 of the Civil Law of the People's Republic of China Article 1133 A natural person may make a will to dispose of personal property in accordance with the provisions of this Law, and may designate a person who will execute the will. 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.

Even if the writer is mentally ill, he has the right to inherit. If a mentally ill person falls within the scope of legal heirs, he or she enjoys the right of inheritance in accordance with the law, and no one may restrict or deprive him of it. If a mentally ill person is an incapacitated person under the law, the right of inheritance shall be exercised by his legal person.

Article 1130 of the Civil Code of the People's Republic of China: 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 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. Article 19 of the Civil Code of the People's Republic of China: Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated ** persons or with the consent and retroactive recognition of their legally-designated ** persons; However, it is possible to independently carry out civil juristic acts that are purely beneficial or suitable for its age and intelligence.

Methods for mentally ill persons to exercise their inheritance rights: Under normal circumstances, their legal ** persons shall exercise inheritance rights on their behalf in accordance with the law. However, if the person's mental illness does not affect his or her full capacity for civil conduct, or if he or she has an intermittent illness, he or she may exercise the corresponding inheritance rights in accordance with the will or the law when he or she is mentally normal.

Article 21 of the Civil Code of the People's Republic of China An adult who cannot recognize his or her own conduct is a person who lacks capacity for civil conduct, and his or her statutory **person ** shall carry out civil juristic acts. Where minors over the age of 8 are unable to recognize their own conduct, apply the provisions of the preceding paragraph. Article 22 of the Civil Code of the People's Republic of China: Adults who cannot fully recognize their own conduct are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is initiated by their legal ** or with the consent and recognition of their legally ** persons; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their intellectual or mental health conditions.

Article 1123 of the Civil Code of the People's Republic of China 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.

Summary. The main situation in which the property cannot be inherited is that there is no right to inherit. Specifically, there are many situations where there is no right of inheritance, including the part of the property shared by the decedent and others, which belongs to others cannot be inherited, or the child does not specify in the making of the will that the child has the right to inherit, then the child cannot inherit the property.

Hello, consult a lawyer at your service.

The main reason for not being able to inherit the property is that there is no succession to the inheritance. Specifically, there are many situations where there is no right of inheritance, including the part of the property owned by the decedent and others, which belongs to others, cannot be inherited, or the will does not specify that the child has the right to inherit, and the child cannot inherit the property.

Article 1132 of the Civil Code of the People's Republic of China The heirs shall handle the inheritance issue through consultation in the spirit of mutual understanding, mutual concession, harmony and unity. The time, method and share of the division of the estate shall be determined by the heirs through consultation; If the negotiation fails to reach a calm answer, the people's mediation hail or the committee may mediate the situation or file a lawsuit in the people's court.

Married, parents want to notarize the house to a sick child, whether the notarization requires the participation of the child.

No, you don't. Spouse**.

Yes, the spouse is the legal guardian.

So what information is needed?

ID card of both parties, marriage certificate.