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According to the Inheritance Law of China, spouses, children, and parents are the legal heirs in the first order. ** Xiaoli's father did not make a will before he died, and her mother and grandmother are alive, so her father's inheritance, Xiaoli, Xiaoli's mother, and grandmother all have a share. Later, my grandmother also passed away, and her inheritance was again in the order of inheritance.
Xiaoli can only inherit 7 8.
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The Civil Code stipulates that the heirs in the first order are spouse, parents and children. To give a simple example, Ms. Wang has an older brother whose parents are still alive. One day, Ms. Wang unfortunately passed away, leaving behind a daughter, Ms. Wang has a house in her name that she bought before marriage, so who should inherit it?
The answer is that Ms. Wang's husband, Ms. Wang's parents and Ms. Wang's daughter will inherit it, and each of the four will get 25%. But if Ms. Wang's father dies before she has time to share the property, who is eligible to inherit? Ms. Wang's father has not yet received the 25% share, so his spouse, parents and children, namely Ms. Wang's grandparents, mother and brother, will inherit it, plus Ms. Wang's daughter will replace Ms. Wang's qualification for subrogation, and they will have to share the 25% together.
In the end, Ms. Wang's only daughter could only get a 30% share.
Incredible, isn't it? So is there any way to get Ms. Wang's daughter to get the full inheritance? The answer is very simple, Ms. Wang made a will before her death, and the will specified that the pre-marital property in Ms. Wang's name was inherited by her daughter alone, so there were no such problems.
Legal basis: Civil Code
Article 1127 [Scope of Legal Heirs and Order of Succession] Inheritance is to be 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 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.
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An only child, can't inherit all the inheritance? Not necessarily.
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Why can't an only child inherit the entire estate of his parents?
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Yes. An only child cannot inherit the entire estate of his parents, mainly because the new regulations of the Civil Code clearly require that legal inheritance is a system of succession implemented according to kinship. The first in line to inherit is a spouse, a child, and a parent.
The second in line to the throne is siblings, grandparents, and maternal grandparents. For example, if the father in the family dies, the mother, grandparents, and grandparents are also healthy, and the father's estate should be inherited in the order of legal succession, so that the only child cannot directly inherit all the inheritance of the parents.
However, if you write a will in advance, you will be entitled to inherit the entire estate of your parents. China's law stipulates that testamentary succession can take precedence over statutory succession, and in the absence of a will, legal succession will begin. For example, the house belongs to the property of the parents, and if a will is made before death, it will be stated who will inherit it, and others will not have the right to claim the inheritance.
Article 1127 of the Civil Code of the People's Republic of China 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 inherit; 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 "blind grandchildren" in this Law includes biological parents, adoptive parents, and step-parents who have a relationship of support.
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 1128:Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated ruler can generally only inherit his father's or mother's share of the estate.
Article 1129:Where a widowed daughter-in-law has fulfilled the primary obligation of support to her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.
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The only child can't inherit the inheritance of his parents? Listen to family lawyer Jiang Chunmei.
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An only child can't inherit the entire estate of his parents? Many people think it's incredible at first glance, but there really is. The only child, Xiao Wang, wanted to put his parents before his death.
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Why can't an only child inherit the entire estate of his parents?
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An only child can't inherit the entire estate of his parents? Many people think it's incredible at first glance, but there really is. The only child, Xiao Wang, wanted to put his parents before his death.
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An only child can't inherit the entire estate of his parents? Many people think it's incredible at first glance, but there really is. The only child, Xiao Wang, wanted to put his parents before his death.
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An only child can't inherit his parents' estate.
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An only child can't inherit his parents' estate. Listen to family lawyer Jiang Chunmei.
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