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After the death of the husband, the wife cannot inherit the entire estate, including real estate. The wife, children, and parents should be the first in order of heirs, and the second in order should be siblings, grandparents, and maternal grandparents.
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If the property is joint property, half of the property is the husband's estate after the husband's death.
Inheritance of estate: There is a will to inherit according to the will, and there is no will to inherit according to the law.
Therefore, the wife cannot inherit the entire property.
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If the husband has parents and children, the wife can inherit only one share of them, and the equal share of the inheritance among these heirs.
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When the husband dies, the wife cannot inherit all the property unless he has neither old age nor children.
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It depends on whether the husband has other legal heirs besides you, specifically whether he has parents and children, if not, the wife can inherit them all, and if there are parents and children, these are equally divided.
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First, the husband's heirs are his parents, wife, and children. If there are no parents and children, the wife can inherit his property in its entirety.
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When the husband dies, the wife cannot inherit the property in its entirety. Half is obtained first, and the other half is divided equally with the children and in-laws.
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No. The first in line of succession is the spouse, parents, children, and the wife cannot inherit all of them.
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Can a wife inherit all the property after a husband dies? The husband dies and the wife is the first heir. So the wife can inherit the property in its entirety.
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How do you say this? Your family property should be inheritable, but the inheritance law stipulates that if your husband dies, then his spouse is the first secretary of the heir, and his children, his parents are the first in order, so if none of these people are inherited, you can inherit
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According to the current provisions of China's inheritance law, if both husband and wife fall into one person's possession, then his property cannot be fully inherited by another person. If he has children and parents, he should inherit according to a certain percentage.
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After your husband dies, you want to inherit all the property, if you don't have children, it's okay, if you have children, you have to consider the children's side to inherit part of the deceased father's property, you can't inherit all of it.
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When the husband dies, his property is divided equally between his parents, children and spouse. If there are no parents and children, of course, the wife is the only one.
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No, the husband is dead, and the first heirs are the spouse and children, so if there are children, they need to be divided equally.
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The question is to see what is the cause of the husband's illness? Or is it something else? What if the house was bought with marriage money and the parents are still alive? If you buy it after marriage, you can consider that the wife can inherit the property.
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If the husband's parents are still alive, they cannot inherit all of them, and the husband's parents also have the right to inherit.
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If you have children, you can't inherit the property in full, because the father's property has children.
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Yes, with the husband's death certificate and marriage certificate, go to the property rights office to change the name of the owner.
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If you have children, then the property and property should be yours and your children's.
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If you don't remarry, the property is all yours, and I'm really helping you look forward to it
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If there are other legal heirs, they cannot inherit in their entirety.
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Children, husband's parents have the right to inherit ......
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No, unless there is a will.
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When the husband dies, the wife cannot inherit all the property because he has parents, children, and siblings.
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Glad for your question, that's okay.
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Inheritance has always been an issue that many people are very concerned about, because it involves our own interests. Some netizens asked, if the wife's husband dies, can the wife inherit the entire inheritance? In fact, there are many different situations, and in different cases, the distribution of the estate will be different.
So about the death of the husband, can the wife inherit the entire inheritance? Here's what I think:
1. The joint property of the husband and wife may be inherited by the wife in its entirety.
If a wife's husband dies, the wife inherits all the joint property owned by the husband and his wife. The wife may have some inheritance rights regarding the pre-marital property of the two, but considering that the husband also has his own parents, the husband's own pre-marital property may be divided among his wife and then among his parents.
2. If it is the inheritance of the in-laws, the wife is required to fulfill the corresponding obligations.
If the wife's in-laws are also old, then the wife wants to inherit the inheritance of the in-laws, and needs to fulfill the corresponding maintenance obligations. The law stipulates that as long as the wife has fulfilled a certain obligation to support her in-laws during her lifetime, then the wife can inherit the property left by her in-laws as the first in line of succession after the death of her husband.
3. For this kind of matter involving one's own interests, you can find a special lawyer to consult.
After all, inheritance involves its own major interests, and the science of inheritance is also very professional, which requires in-depth understanding. Therefore, if the wife is not particularly familiar with the inheritance, she can find a special lawyer to answer her doubts and fight for her own interests.
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If there are no other heirs, or if no will exists, the wife can inherit the entire estate of her husband. There are two forms of inheritance, statutory inheritance and testamentary succession, if there is a will, it will be inherited according to the will, and if there is no will or the will is invalid, it will be inherited according to the law. In the case of the husband's pre-marital personal property, it is inherited by all heirs.
In the case of the joint property formed after marriage, the wife's share shall be divided first, and the remaining half shall be the husband's estate, which shall be inherited by all heirs.
Article 1122 of the Civil Code An inheritance is the personal lawful property left 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 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.
Article 1127 of the Civil Code The inheritance of 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 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.
Article 1133 of the Civil Code: Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint an executor.
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.
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No. According to some laws in our country, it should be divided by spouse, children and parents, so there is no way to inherit it all.
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No, inheritance must be carried out in accordance with the relevant laws, including children, parents, these people can inherit.
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Yes. Because two people are husband and wife, and two people are also in a very legal relationship, they can inherit the corresponding inheritance.
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Inheritance is not for this.
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No, the division of the joint property between the husband and wife is usually given to the spouse and then to the husband, and it is up to the parents and children to decide. Spousal inheritance, generally averaged points.
According to the provisions of China's inheritance law, the first heir is "spouse, children, and parents", and these three subjects divide the inheritance of the decedent equally. If the first order is occupied, the second order is not considered. For example, if the heir has only a spouse and no children and parents, then the estate will only be distributed to the spouse.
As you said, after the death of the husband, all the property will be distributed to the wife, provided that the husband has no parents and children, and if there are parents, the wife and the parents divide equally.
According to the Inheritance Law of the People's Republic of China, all property shall be inherited by the wife only if there is no other first-order heir prescribed by law or if the husband has a legal will to inherit all his estate by the wife during his lifetime. Article 10 The inheritance shall be in the following order: First order:
Spouse, children, parents. Article 16: 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 designating one or more legal heirs to inherit personal property.
Citizens may make a will to donate their personal property to persons other than the state, the collective, or legal heirs.
Of course not. Husband's immediate family, husband's parents, wife and children. So so. If there is a will, follow it.
According to the regulations, it is like this, immediate family, this is an ethical matter.
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After the death of one spouse, the other spouse cannot inherit all of his or her property.
Unless otherwise agreed, when dividing the joint property of husband and wife, half of the jointly owned property shall be divided into the spouses, and the rest shall be the inheritance of the decedent.
The estate of the deceased spouse, parents (if still alive) and children are jointly inherited.
Legal basis] Article 1153 of the Civil Code, unless otherwise agreed, when dividing the property jointly owned by the husband and wife, half of the jointly owned property shall be divided into the property owned by the spouse, 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.
Correct order of inheritance
The order of succession is referred to as the "legal order of succession". The order in which the legal heirs inherit the estate as prescribed by law. After the commencement of legal succession, the succession shall be carried out in the order of legal succession.
The first in order is better than the first in order, that is, when the heirs in the first order exist and claim the rights, the rights of the heirs in the first order are excluded. Only if there is no heir in the first order, or if the heirs in the first order have renounced the right to inheritance, the heirs in the next order will inherit the estate.
The determination of the order of inheritance is mainly based on the degree of kinship between the heir and the decedent and the degree of economic and daily interdependence. According to Article 10 of the Inheritance Law of the People's Republic of China, there are two sequences of legal succession. The first order is the spouse, children, and parents of the decedent; The second order is the deceased's siblings, grandparents, and maternal parents.
Where a daughter-in-law who has lost her spouse has fulfilled her primary obligation to support her parents-in-law, or a son-in-law who has lost her spouse has fulfilled the main obligation to support her parents-in-law, she shall be regarded as the legal heirs in the first order.
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When the husband dies, not all the joint property of the husband and wife goes to the daughter-in-law and children.
Article 26 of China's "Inheritance Law" stipulates that if the jointly owned property acquired by the husband and wife during the existence of the marriage relationship is divided unless there is an agreement, half of the jointly owned property shall be divided into the spouse's own, and the rest shall be the inheritance of the decedent, which shall be handled in accordance with the inheritance law. In the event of the death of one of the spouses, the surviving spouse has the right to divide the joint property and the right to inherit the deceased's estate.
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When a husband dies, does the wife inherit all the property? After the death of the husband, all the property is inherited by the wife. The wife is the first heir.
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Yes, the wife is the heir to the first property, unless there is a prenuptial agreement.
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It shouldn't be, it should be that there are children, parents, brothers and sisters, in fact, sometimes, it also depends on his morality, and you'd better ask the department about legal knowledge.
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Legal analysis: According to the relevant laws and regulations of our country, during the existence of the marital relationship between the husband and wife, if the husband dies, all the estate in the husband's name can be inherited according to the will if there is a will; In the absence of a will, the wife can inherit the husband's premarital property as the first-order heir in accordance with the provisions of the Civil Code of China. The husband's pre-marital property is personal property, and it becomes an inheritance after his death.
According to article 1127 of the Civil Code, the children and parents of the wife and husband are jointly entitled to inheritance rights as first-order heirs. Thus, the wife is entitled to inherit her husband's pre-marital property. Article 1123 of China's Civil Code stipulates that "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 the first bequest.
That is, if the husband made a will during his lifetime, and the husband distributed the estate to his wife in the will, then the wife will have a share. If the husband expressly divides the estate to his children or other persons in his will, then the wife cannot inherit the husband's property and has no share.
Legal basis: "Civil Code of the People's Republic of China" Article 24: Interested parties or relevant organizations of adults who are unable to recognize or cannot fully recognize their own conduct may apply to the people's courts to designate that the adult is a person with no or limited capacity for civil conduct. Where a people's court designates a person with no or limited capacity for civil conduct, upon application by the person, an interested party, or a relevant organization, the people's court may find that the adult has been restored to a person with limited or full capacity for civil conduct on the basis of the state of his intellectual or mental recovery.
The relevant organizations provided for in this article include: residents' committees, villagers' committees, schools, medical institutions, women's federations, disabled persons' federations, lawfully established organizations for the elderly, civil affairs departments, and so forth.
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