How to inherit the inheritance after the death of the mother, and how to inherit the inheritance aft

Updated on society 2024-03-25
4 answers
  1. Anonymous users2024-02-07

    1. Half of the jointly owned property shall be divided into the father's possession, and the rest shall be the inheritance of the decedent;

    2. If the mother owes debts during her lifetime, she must first pay off the debts, and in the absence of a will, the children, father and maternal grandparents will jointly inherit them;

    3. Legal basis:

    1) Article 33 of the Inheritance Law [Inheritance and Repayment of Debts] The inheritance of the estate shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of his estate. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

    If the heir renounces the inheritance, he may not be liable for repaying the taxes and debts that the decedent should pay in accordance with the law.

    2) "Inheritance Law" Article 26 [Determination of Inheritance] Unless otherwise agreed, if the jointly owned property acquired by the husband and wife during the existence of the marital relationship is divided, half of the jointly owned property shall be divided into the spouse's property, and the rest shall be the inheritance of the decedent.

    Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.

    3) Article 10 [Scope of Heirs and Order of Inheritance] The inheritance shall be 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.

    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.

  2. Anonymous users2024-02-06

    The inheritance method of the mother's death property is: after the inheritance begins, it will be handled in accordance with the legal inheritance; 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 agreement. In the first order of legal succession:

    spouse, children, parents; Second order: siblings, grandparents, maternal grandparents.

    [Legal basis].Article 1123 of the Civil Code.

    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 1126.

    Inheritance rights are equal between men and women.

    Article 1127 (1)

    The inheritance is inherited in the order of the following letters:

    1) First order: spouse, children, parents;

    2) Second order: siblings, grandparents, maternal grandparents.

  3. Anonymous users2024-02-05

    If the parents made a will during their lifetime, the will shall prevail, and if there is no will, the inheritance shall be carried out in the legal order. Both parents and children are the first heirs of the property, and in principle, the estate should be divided equally. The inheritance of real estate also needs to be notarized, and all heirs in the same order must be present.

    According to Article 1124 of the Civil Code, if the heir renounces the inheritance after the commencement of the inheritance, he shall make a written expression of renunciation of the inheritance before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance. The legatee shall, within 60 days after knowing that the legatee has received the bequest, make a hail statement of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest. In terms of legal effect, the validity of a will is the same as that of a bequest.

    Because the testator either determines testamentary succession in the will or the bequest in the will. If in the will, both testamentary succession and bequest are determined, the testator will divide several of his property and make different arrangements. Of course, the testator may also make arrangements for the same property to be shared by the heirs and legatees.

    Because testamentary succession and bequest both reflect the testator's unilateral will, there is no question of who is superior to whom. According to Article 1123 of the Civil Code, after the commencement of inheritance, it shall be handled in accordance with 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. The share of the inheritance of the 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. According to Article 1130 of the Civil Code, 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 1122 of the Civil Code of the People's Republic of China An inheritance is the lawful property of an individual left behind by a natural person upon his death. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited. 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 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.

  4. Anonymous users2024-02-04

    Legal analysis: First of all, if the decedent has a bequest and maintenance agreement during his lifetime, after his death, he or she shall first inherit according to the content of the bequest and maintenance agreement. If there is still property that has not been inherited after the inheritance of the legatee, the inheritance shall be carried out in accordance with the contents of the will.

    Finally, if there is no bequest and maintenance agreement and will, or if there is still property that has not been inherited, the side base will be subject to statutory inheritance.

    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 will be inherited by the first-order heirs, 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 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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