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To give you a simple legal knowledge, the so-called distribution of the estate is the spouse. Parents, children, siblings and other heirsAccording to your example, if the aunt does not make a will, it will be distributed in order of the legal heirs I mentioned above. You and your brother have no right of inheritance.
Unless it's your mother's share of your aunt's inheritance, and your mother gives it to you. If there is a suicide note, it is another matter, and the suicide note must have the aunt's autograph to count. Because this is a provision of my civil law, I hope it will be of some help to you.
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The law stipulates that the children of a lion girl and a niece who have not been educated and have not fulfilled their obligation to support themselves are not entitled to inherit the estate of their grandparents. However, the inheritance law provides that the estate of grandparents and maternal grandparents who are not legally heirs may be inherited by other heirs, including grandchildren and nephews. But the main thing is that there are other legal sisters here who recognize your uncle and your other aunts.
If they both renounce their inheritance, you can ask for subrogation to your aunt's estate.
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Priority is given to direct blood relatives. Therefore, the priority inheritors of your little aunt's estate are your eldest aunt and uncle. Unless the first two abandon the inheritance, it will be your turn.
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The above three (clk Chongqing Yang Daishu Minghan ) bit board big I don't understand the law and am a little confused about this issue, and the little aunt died. Single. There is no inheritance for the childless, as the three said
The heirs are: the eldest aunt. Uncle and the moderator's mother, isn't it, if so, the moderator's brothers and sisters can get their mother's inheritance.
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It is possible to subrogate your mother's share.
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Legal analysis: If the aunt does not have an heir before the nephew, she can cancel the 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.
If there is no will, then the inheritance should be handled in accordance with the statutory succession. 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.
Legal basis: 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 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.
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The law does not stipulate the nephew's right to inherit the aunt, because the nephew is neither the legal first-order heir of the aunt nor the legal second-order heir of the aunt. The legal succession in our country is limited to the order of two rounds. But the nephew can be the testamentary heir of the aunt.
Zongheng Legal Network-Jiangsu Zhibang Law Firm Changzhou Branch-Zhao Yingfang.
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If there is a will during his lifetime, the estate will be distributed according to the will, and if there is no will, the property will be distributed according to the legal inheritance.
There is only the first order and the second order of legal succession. First order: spouse, children, parents.
Second order: siblings, grandparents, maternal grandparents.
In this case, if the estate is distributed after the death of the aunt, it should be distributed to the person in the first order, and if not, to the person in the second order.
If neither has an estate that is nationally owned or publicly owned.
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No. Article 10 The inheritance shall be carried out in the following order:
First order: spouse, children, parents. Second order: siblings, grandparents, maternal grandparents.
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No right, but the aunt can make a will to her nephew.
There are no heirs to nationalization.
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Yes, provided that the aunt has a will stating that the nephew will inherit the estate.
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No right to inheritance. However, it is possible to apply for a part of the financial compensation from the estate in the name of fulfilling the maintenance obligation.
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Hehe, this is more vague, most people think that there is no right to inherit, and the nephew who is the guardian should have a maintenance circumstance, and the guardian should be given an allowance or a remuneration that the court thinks is appropriate considering the actual situation, so that the guardian can get a certain amount of compensation or satisfaction in both spiritual and material aspects.
Auntie doesn't have a will.
It is possible to apply for an inheritance in the name of an adopted son, although there is no adoption formality, but there are factual circumstances, and the court can also accept it.
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If the nephew does not leave a valid will or bequest and maintenance agreement to the aunt, the aunt does not have the right to inherit the nephew's estate, because the aunt is not the first-order heir among the legal heirs, nor is she the second-order heir, and cannot inherit when it is handled according to the statutory inheritance. Article 1127 of the Civil Code stipulates that 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. If there is no first-order heir, the second-order heir shall inherit. , children, including legitimate children, children born out of wedlock, adopted children and dependent stepchildren.
The term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. siblings, including siblings of the same parents, half-siblings, adoptive siblings, and dependent step-siblings. ,1.
In general, heirs in the same order should inherit an equal share of the estate. According to the general principle of estate distribution in statutory inheritance: when the legal heirs in the same order inherit the estate, the amount of the inheritance shall be equally distributed according to the number of heirs.
The so-called "equal distribution of inheritance" means that each legal heir in the same order receives the same proportion of the amount of the decedent's inheritance, and there is no obvious difference. ,2.In special cases, the inheritance share of the legal heirs may not be equal.
1) That is, heirs who have special difficulties in life and lack the ability to work should be taken care of when distributing the inheritance. However, if the inheritance left by the deceased is particularly large, and the equal distribution of the inheritance by the heirs can fully guarantee the livelihood of the heirs who have special suffering, there is no need to take care of them. (2) When the inheritance is distributed to the heirs who have fulfilled the main obligation of support to the decedent or who live with the decedent, they may be divided into more shares.
When it needs to be pointed out, it is possible to score more points, not more points, and it is not mandatory. (3) If the successor who has the ability and conditions to support does not fulfill the obligation to support, the inheritance shall be divided without or with a small share. In order to protect their legitimate rights and interests to the greatest extent and protect your interests from loss.
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 1127 of the Civil Code.
The estate is inherited in the following order:
a) First order:
spouse, children, parents;
b) 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.
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The Inheritance Law provides as follows:
Article 10 The inheritance shall be carried out in the following order:
First order: spouse, children, parents.
Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal.
Heirs who lack the ability to work who have special difficulties in life 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 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who are dependent on the decedent's support, or who are not heirs who support the decedent more.
So, it's an excuse to judge no inheritance based on gender!
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Yes! Unless your maternal grandparents have made a will, the estate will be given to your uncle's family.
Otherwise, your mother has the same rights as your aunt to inherit the estate.
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The inheritance law stipulates that men and women are equal and receive the same share of property.
According to custom, it is only given to men, but this is only a custom, not a law.
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If there is no will, according to the Inheritance Law, 200% can win.
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Of course.
This is also the case with my family's lawsuit that has been fighting for 4 years.
If the old man did not leave a will, and there was no evidence clearly indicating who owned the house, both men and women could get the house, and it would be divided equally.
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