Dad died, is his daughter still eligible to inherit grandpa s estate

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

    Since the information you have provided is very limited, I think it should be explained to you in two cases:

    The estate is inherited 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.

    Grandchildren are not within the scope of the heirs.

    1) If the decedent's children die before the decedent, the descendants of the decedent's children shall inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate. Because of the existence of the system of subrogation, the inheritance law does not include grandchildren as second-order heirs.

    If the parents die before the grandparents, the grandchild is directly subject to subrogation, so there is no need to be included in the second order of succession.

    2) If the decedent's children later die after the decedent's death, and the parents die after the death of the grandparents, the transfer of inheritance shall apply to the grandchildren. At this time, the grandparents' estate has been inherited by the parents, and the children, as the first in line of succession of the parents, inherit the estate (this inheritance includes the inheritance left by the grandparents to the parents and the parents' own estate).

    Personal opinion.

  2. Anonymous users2024-02-05

    It is possible to subrogate the direct blood relatives of the younger generations.

  3. Anonymous users2024-02-04

    Hello, if the father dies, then the children and parents are the first heirs, and your aunt has no reason to inherit these properties.

  4. Anonymous users2024-02-03

    Your father has died, and you and your sister have the right to inherit and inherit your father's share! But what you described is not clear enough, is the grandparents still alive now? If you are alive, they can notarize a will, because you and your sister have given them property, and what you have given up should belong to you!

    Not for the three aunts! If the old man does not make it clear, then the three aunts have the right to inherit the property of the grandparents!

  5. Anonymous users2024-02-02

    If your grandparents are alive, they can divide the property.

  6. Anonymous users2024-02-01

    There is a question that you should have done at that time, that is, your father's siblings, who also have the right to inherit your father's property, this question is complicated, and you can only ask a lawyer.

  7. Anonymous users2024-01-31

    Your father's property is inherited by your grandparents, you and your sister. Your three aunts have no right to inherit your father's property, unless otherwise arranged in a will. Three aunts have the right to inherit the property of their grandparents.

  8. Anonymous users2024-01-30

    In the current situation, the inheritance is dominated by your grandparents, and your grandparents are the main heirs, and if you get married, you have no inheritance rights

  9. Anonymous users2024-01-29

    It should be inherited by the family and not by the individual.

  10. Anonymous users2024-01-28

    Sequential inheritance.

    According to Article 1127 of the Civil Code, the inheritance of the estate shall be in the following order, the first order, spouse, children, and parents. Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it will be inherited by the first-order heirs, the second-order heirs will not inherit, and if there is no first-order heirs, the second-order heirs will inherit.

    Article 1133 (1) and (2) provide that natural persons may make a will to dispose of their 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.

  11. Anonymous users2024-01-27

    Hello! According to the relevant provisions of China's Civil Code, biological girls and sons enjoy the same inheritance rights.

  12. Anonymous users2024-01-26

    Summary. From the information you explained, according to the provisions of Article 1127 of the Civil Code, the inheritance of the estate shall be in the following order: (1) First order:

    spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. Therefore, from the beginning of the inheritance, the first-order heirs will inherit, and the second-order heirs will not inherit; If there is no first-order heir, the second-order heir shall inherit.

    For the purposes of this provision, the term "children" includes legitimate children, illegitimate children, adopted children and dependent stepchildren. For the purposes of this provision, parents include biological parents, adoptive parents and dependent stepparents. For the purposes of this provision, the term "siblings" includes siblings of the same parents, half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

    With regard to the statute of limitations for inheritance, according to the relevant laws and regulations, the statute of limitations period for a party to request the people's court for protection of civil rights due to a civil dispute such as inheritance is three years. In addition, the limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. So in this case, you only need to inherit the share according to the legal inheritance.

    Dad died, is his daughter still eligible to inherit grandpa's estate

    Hello, the lawyer has an answer for you.

    According to the information you explained, according to the provisions of Article 1127 of the Civil Code, the inheritance of the estate shall be in the following order: (1) the first order: spouse, children, parents; (2) Second order:

    Siblings, grandparents, maternal grandparents. Therefore, from the beginning of the inheritance, the first-order heirs will inherit, and the second-order heirs will not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this provision, the term "children" includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

    For the purposes of this provision, parents include biological parents, adoptive parents and dependent stepparents. For the purposes of this provision, the term "siblings" includes siblings of the same parents, half-siblings, adoptive siblings, and step-siblings who have a dependent relationship. With regard to the statute of limitations for inheritance, according to the relevant laws and regulations, the statute of limitations period for a party to request the people's court for protection of civil rights due to a civil dispute such as inheritance is three years.

    In addition, the limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. So in this case, you only need to inherit the share according to the legal inheritance.

  13. Anonymous users2024-01-25

    Hello, if there is no legal reason for non-inheritance (refer to Article 1125) or if a legally valid will excludes the right of inheritance of the daughter, the daughter is eligible to inherit the father's estate.

    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 1125: An heir shall lose the right of inheritance if he commits any of the following acts:

    1) Intentionally killing the decedent;

    2) killing other heirs for the purpose of competing for an inheritance;

    3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

    4) Falsifying, tampering with, concealing, or destroying a will, where the circumstances are serious;

    5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious.

    Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights.

    Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.

  14. Anonymous users2024-01-24

    There is a right of inheritance.

    Inheritance is not divided between men and women, whether it is male or female, they all belong to the legal first-order heirs, the old man did not leave a will, it is divided according to the legal first-order heirs, and the daughter has the right to inherit.

    An "inheritance" is a personal legal property left behind by a citizen when he or she dies. Inheritance refers to the system whereby the property owned by the deceased during his or her lifetime is transferred to others in accordance with the law.

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