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First of all, half of it is the joint property of the parents and the husband and wife, and there is no inheritance, which is the property of the mother. The remaining half is generally divided equally between the mother and the child, provided that the father's parents are gone, and if the father's parents are still alive, they can also be divided.
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I'm dizzy, I won't come to ask for exams!
1. Even if the parents are divorced, the children still have the right to inherit.
2. Yes, even if you have children, you can make a will to give the estate to others when your subjective consciousness is clear before your death.
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1. The daughter belongs to A's first-order heirs and can inherit A's house and estate in accordance with the law. The legal basis is Article 10 of the Inheritance Law, which stipulates that 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.
2. A has the right to donate property to outsiders in the form of a will, and the legal basis is Article 16 of the Inheritance Law, which stipulates that citizens may make a will to dispose of their personal property in accordance with the provisions of this Law, and may appoint an executor. A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs.
Citizens may make a will to donate their personal property to persons other than the state, the collective, or the legal heirs.
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The daughter is the first heir, of course; Property can be bequeathed to outsiders! But outsiders can't inherit it! Because he has no right to inherit!
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After A's death, A's daughter can inherit A's house and estate. A bequest agreement can be processed.
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I only know the second one, and I can definitely do it, the property is my own, and I can donate it to anyone, even strangers.
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Legal Analysis: A married daughter can inherit her parents' estate. The estate is inherited in the following order: first order: spouse, children, parents. Second order: siblings, grandparents, maternal grandparents.
Legal basis: Civil Code of the People's Republic of China
Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; 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 1127 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. 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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Legal Analysis: According to the principle of "equality between men and women", whether a son or a daughter, or a daughter, whether married or unmarried, enjoys equal rights when inheriting the inheritance of their parents. If the parents leave a valid will or an agreement specifying that their estate will be inherited by someone other than the daughter, then the parents' estate should be treated according to the will or bequest agreement, and the daughter cannot inherit it.
If the parents do not leave a valid will or bequest agreement, the married daughter is entitled to inherit the parents' estate when the statutory succession applies.
Legal basis: Article 1122 of the Civil Code of the People's Republic of China An estate is a personal lawful property left behind by a natural person when he or she dies.
An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; If there is a bequest and maintenance agreement, it shall be handled in accordance with the old shirt agreement.
Article 1124:Where the heirs renounce their inheritance after the inheritance has begun, they shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.
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According to the relevant provisions of the Inheritance Law, children have equal inheritance rights to their parents' estates. In other words, regardless of whether the son or the daughter is married, the daughter has equal rights to inherit the inheritance of her parents. However, in real life, due to the influence of the feudal ideology of patriarchal preference and male superiority over women, there have been various situations of depriving daughters of inheritance rights.
Some parents think that the married daughter is "spilled water" and do not recognize the inheritance right of the married daughter; Some siblings do not allow married sisters to inherit their parents' inheritance. These are against the law. When dealing with such issues, the people's courts, while protecting the equal inheritance rights of the married daughters, treat the inheritance method and the distribution share of the estate differently according to the actual situation.
Some married daughters have the ability and conditions to support their parents, but rarely or even do not fulfill their maintenance obligations; For such issues, on the basis of recognizing their right to inheritance, and in accordance with the spirit of consistency of rights and obligations, no or small share of the inheritance is given. Some people know that their parents have died, but do not ask for inheritance when other heirs divide the inheritance, and after many years, they ask for inheritance, so that according to the provisions on the statute of limitations for inheritance rights, the heirs may file a lawsuit with the people's court within two years from the date on which they knew or should have known that their inheritance rights had been infringed; If the prosecution is not filed within two years, the court will not support it.
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When one or both parents die, the daughter has the right to inheritance. After the death of one or both parents, if the deceased one or both parents did not make a will, the estate of the deceased will be distributed according to the legal inheritance, and the daughter belongs to the children in the first order of heirs, so the daughter has the right to inherit after the death of the parents and can inherit the inheritance of the parents.
1. The father died, the mother remarried, and the house was left to the grandmother or the daughter.
In the absence of a will, the house should be left to the daughter. There are the following ways of inheritance after the death of the father: first, testamentary succession, after the death of the decedent, there is a will to inherit according to the will, and testamentary succession takes precedence over statutory inheritance.
Second, legal succession: in the absence of a will or invalid will, according to the statutory inheritance, the first in line of succession is: the father's spouse, parents, children; The second in line to the throne is, siblings, grandparents, and maternal grandparents.
If there is a first-in-line heir, the second-in-line heir shall not inherit.
2. Whether the party whose property has not been divided after the divorce still has the right to inherit after the death of the party.
Generally, there is no right of inheritance. After the divorce, the original husband and wife relationship has been dissolved, and if the husband and wife voluntarily give up the division of property at the same time as the dissolution of the husband and wife relationship, the inheritance of the person's property has nothing to do with the original spouse, and there is no problem of inheritance.
In view of the fact that the marriage relationship between a man and a woman has been dissolved in accordance with the law, there is no relationship of rights and obligations between husband and wife. Therefore, when one party dies, the other party does not have the legal rights of the first-order heir. Not entitled to participate in the legal procedure of the division of the ex-husband's estate.
After the death of a party, if he or she left a legal and valid will during his or her lifetime, the heirs designated by him or her will inherit his estate.
The estate is inherited in the following order: first in order: parents, spouse, children, second in order:
Brothers and sisters, grandparents, maternal grandparents, after the inheritance begins, the first-order heir shall start the inheritance, the second-order heir shall not inherit, and if there is no first-order heir, the second-order heir shall inherit.
3. Can the daughter distribute her mother's property after she gets married?
After the daughter gets married, she can only distribute the property of her mother's family, and the daughter belongs to the legal heir. 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.
According to Article 1127 of the Civil Code of the People's Republic of China, inheritance is 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 heir, and the second heir does not.
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Hello, I am a cooperating lawyer, I have received your question, there are too many consultations at present, wait a minute.
Hello, a daughter can inherit her parents' estate, unless her parents make a will not give her daughter, then her daughter has no right to inherit.
If there is no will, it is inherited according to the legal inheritance. Daughters, sons, and partners are all first in line to the throne.
A detailed answer has been given for you, please be sure to read it carefully, after reading any questions or what you don't understand, you can continue to ask me.
Questions. My father passed away, my mother died in an accident, and the compensation from the victim can be inherited as a daughter? I basically took care of my parents when they died.
There's no will, is it?
Questions. No.
If you don't have a will, it's your inheritance. If you have other siblings, it's an equal share, but because you've been taking care of your parents since they were alive, you can ask for more.
Questions. My mother has two sons, and I am the only daughter.
They all belong to the children, and they also have the right to inherit, and you are in the same line of succession. So it's usually an equal split, you can negotiate with your brothers for some shares, and if the negotiation is not consistent, you can file a lawsuit.
Questions. My brother and brother agree to divide it equally, but my sister-in-law doesn't agree, what should I do?
It has nothing to do with your sister-in-law, as long as your brothers and sisters negotiate to go to the notary office to notarize the division of the estate, if the other brothers use this reason to shirk, you can go to the court to file a lawsuit. Because you have the right to inherit.
Questions. Ok thanks!
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