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Up in the air. 1) If your aunt and grandparents are still alive, then you have no inheritance rights.
2) If none of them are alive and your father is, then it will not be your turn to inherit.
3) If, although your aunt and grandparents do not want it, and your father is not alive as the heir in the second order, but your aunt and uncle are alive, you do not dream of becoming the heir in the second order alone.
4) If none of the above relatives are still alive, then you can become the only legal heir in the second order.
5) If your uncle made a valid will and made it to you to inherit the property separately, then you are the sole heir to his property.
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Lawyer: Zhang Jing.
Service area: Beijing-Chaoyang District.
According to the Inheritance Law, the first order includes spouse, children, and parents. The second order includes siblings, grandparents, and maternal grandparents. After the succession begins, the succession procedure is initiated by the first-order heirs, and the second-order heirs do not inherit.
The succession procedure is initiated by the second-order heirs only if there is no first-order heir. The nephew is not within the scope of the legal heirs, so in general, the nephew has no inheritance rights.
However, if the uncle does not have a primary heir, spouse, parents, children, and is succeeded by a second-order heir, i.e. the uncle's siblings, if the uncle's siblings are all deceased, the siblings' children, i.e. nephews, can be subrogated.
In addition, if the uncle made a will before his death, the nephew (daughter) can also obtain the uncle's estate, but it should be noted that the bequest of obtaining the estate by way of a will is a gift of civil legal relationship, not an inheritance relationship.
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Your uncle will have children and you will have this inheritance, but if he makes a will and gives it to someone else, you will not have it.
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No, the legal heirs in the first line of priority are spouses, parents and children, and the second in line are brothers and sisters, grandparents and grandparents, and you are outside this line, so there is none. Unless there is only one case, where your father inherits your uncle's property, and then you inherit your father's share.
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Normally, there must be no problem, you must have the right to inherit, in general, like this, if your uncle has no children, it is best to write a will, so that you can save a lot of trouble, because it stands to reason that there are a lot of inheritances.
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Your uncle has no children, it depends on whether your uncle has a will, and his property should be at his disposal.
If your uncle dies without a will, his relatives have the right to inherit.
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Hello, if your uncle has no children, you have the right to inherit, but you need your uncle to write a will, indicating that you will inherit, you have the right to inherit.
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Hello this friend, if your uncle has a wife in the case. Then the first heir is your aunt. You also have the right to inherit, but your succession will come last.
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Regardless of whether your uncle has children or not, if he wants to transfer the inheritance money to you, there must be no formal legal formalities, that is, he goes to a notary public for notarization, and the heirs have the right to inherit all his property.
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Your uncle has no children, and his wife is the first in line to inherit his estate. Secondly, your grandparents, uncles and uncles, etc., belong to the heirs in the second order. If your uncle has a will to leave the estate to you to inherit, you and your aunt are the second-in-line heirs for reference.
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If your uncle has no children, then you have to get your uncle's consent, if he personally agrees, then you have her inheritance, if your uncle does not agree, then you have no inheritance, everything depends on your uncle's wishes.
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Your uncle has no children, you have the right to inherit, but if your uncle has another will, then his property should be handled according to his will.
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OK. As long as your uncle has a will, it is clearly written in the will that all the inheritance or that part of the inheritance will be inherited by you. Or go to the notary office to notarize, and there is a notarial deed to prove that the inheritance is inherited by you.
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There is inheritance, but you belong to the category of non-direct relatives, first of all, direct line. If you have custody or a will, it will be preferred.
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Your uncle has no children, and if you go into the capital to give your uncle clothes for the rest of his life, I think you can have the right. Inherit his rights and inherit his property, but it depends on you to your uncle as you are to your parents. The nephew has a good pension for the uncle, so if you want to inherit his property, you have to do this, otherwise I don't think you have the right and the uncle won't give it to you, if you want to get this property from your uncle, you have to be filial to him, besides, if you don't have property, you should also beg your uncle to beg this is.
At the very least, filial piety, honoring your uncle, that is, honoring your father, in fact, they are brothers after all, you are related by blood, you say yes.
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Uncle has no children, you can have his inheritance!
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As long as your uncle agrees.
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Your uncle has no children, and if your uncle agrees, you can transfer the right to inheritance.
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This is a better way to inherit related materials and deal with related problems.
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Your uncle has no children, and you also have the right to inherit because you are his only relative and the only heir.
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Legal analysis: Uncle Wu Huai's children and nephews cannot inherit the estate. Because according to the provisions of our country's law, the legal heirs are only spouses, children, parents, siblings, grandparents, and maternal grandparents, and nephews do not belong to the legal heirs and cannot inherit the uncle's estate through legal inheritance.
The nephew can only inherit the uncle's estate through testamentary succession and bequest maintenance agreements.
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 The inheritance shall be inherited 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 succession, the second-order heir inherits.
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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The nephew does not have the right to inherit, and in the absence of a will, the inheritance is carried out in accordance with the order prescribed by the state. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs cannot inherit. If there is no first-order heir, the second-order heir shall inherit. ”
Article 1129 of the Civil Code also stipulates that "if a widowed daughter-in-law has fulfilled the main maintenance obligation to her father-in-law and mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she shall be regarded as the heir in the first order." ”
In inheritance, if the decedent has made a will to designate his personal property to be inherited by one or more of the legal heirs, or has clearly donated his personal property to the state, the collective or to a person other than the legal heirs in the will, the will shall be followed.
1. Legal provisions on the right of inheritance.
According to the relevant provisions of the Civil Code, the subject of inheritance rights may be specified through the direct provisions of the law, or designated by a legal and valid will, or through the bequest and maintenance agreement signed between the decedent and others. Specifically, there are three categories:
1.Legal heirs. That is, the spouse, children, parents, siblings, grandparents, and maternal grandparents of the decedent.
Article 1127 of the Civil Code stipulates that "inheritance shall be carried out in the following order: first order: spouse, children, parents.
Second order: siblings, grandparents, maternal grandparents. Second-in-line heirs include:
Siblings, grandparents, maternal grandparents (only the second-order heir will inherit if there is no first-order heir or the first-order heir renounces the right to inherit).
2.Will-named heirs. According to Article 1133 of the Civil Code, a citizen may make a will to be inherited by one or more of the legal heirs, or may make a will to donate personal property to a person other than the state, the collective or the legal heirs.
3.The heirs named in the bequest maintenance agreement. Article 1158 of the Civil Code provides:
A citizen may enter into a bequest maintenance agreement with a dependent. According to the agreement, the dependant undertakes the obligation of the citizen's birth, death and burial, and enjoys the right to receive the bequest. Citizens can sign bequest and maintenance agreements with collectively-owned organizations.
According to the agreement, the collective ownership organization undertakes the obligation of the citizen's birth, maintenance, death and burial, and enjoys the right to receive a bequest. ”
In addition, according to Article 1155 of the Civil Code, "when the estate is divided, the inheritance share of the fetus shall be retained." If the fetus is dead at birth, the reserved share shall be handled in accordance with the legal inheritance. ”。
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Summary. Hello dear <>
We're happy to answer your <>
If the uncle does not have a will, then his estate will be distributed to his legal heirs according to the inheritance law. In China, according to the Inheritance Law, if an uncle does not have a spouse and parents, his estate will be inherited equally among his siblings. If his siblings have died, then their children will divide the uncle's estate equally.
If an uncle has no siblings and children, his estate will be inherited by his grandparents, uncles, aunts, maternal grandparents, etc. If he does not even have distant relatives, then his inheritance will be inherited by the state.
The uncle has no children, who inherits the estate.
Hello dear <>
We're happy to answer your <>
If the uncle does not have a will, then his estate will be distributed to his legal heirs according to the inheritance law. In China, according to the provisions of the Inheritance Law, if an uncle does not have a spouse and parents, his estate will be divided equally between his siblings. If his siblings have died, then their children will divide the uncle's estate equally.
If the uncle has no siblings and children, Bi Qiao's estate will be inherited by his grandparents, uncles, aunts, maternal grandparents and other relatives in turn. If he does not even have distant relatives, then his inheritance will be inherited by the state.
After the death of the deceased, his estate shall be inherited by his legal heirs in accordance with the law. Article 24: If the decedent does not have a spouse, children, or parents, the estate shall be inherited by his siblings and parents. If there are no siblings or parents, they shall be inherited by relatives such as grandparents, maternal grandparents, uncles, aunts, etc.
Article 25: If one of the decedent's siblings is deceased, the children of the siblings shall inherit their parents' share of the inheritance. Article 26:
The order prescribed by law is that the relatives of the decedent inherit the estate: children, parents, siblings, grandparents, maternal grandparents, uncles, aunts and other relatives. Article 31:
If, after the death of the decedent, there is no legal heir or the heir renounces the inheritance or is excluded from inheritance according to law, the inheritance shall belong to the state.
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Summary. Hello dear <>
If the uncle has no children, then his estate can be inherited by the spouse and parents, and if there is no spouse and parents, it can be inherited by the siblings. Of course, if there is a will, it will be inherited according to the will.
The uncle has no children, who inherits the estate.
Hello dear <>
If the uncle has no children, then his estate can be inherited by his spouse and parents, and if he does not have a spouse and parents, he can be inherited by his brother and sister. Of course, if there is a will, he will inherit it according to the will. Standby.
Article 1127 of the Civil Code of the People's Republic of China, the inheritance of the estate is in the following order: 1. The first order:
Spouse, children, parents. 2. Second order: siblings, grandparents, maternal grandparents.
After the succession begins, it will be inherited by the first-order heir, and the second-order successor will not inherit. If there is no first-order heir, the second-order heir shall inherit. Article 1127 of the Civil Code stipulates that the term "children" as used in this Part includes legitimate children, illegitimate children, adopted children and dependent stepchildren.
Therefore, the adopted daughter inherits the estate of the adoptive parents to the roommate.
Yes, because your father, aunt, uncle and grandfather are the first heirs of your grandmother, and your grandfather is no longer there, then your father, aunt and uncle have the right to claim the inheritance of your grandmother's estate, but your father is no longer there and you are the first heir of your father according to the legal inheritance, your father died first, you have the right to inherit his share on behalf of your father, if the others do not share it with you, you can go to the court to sue.
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