Whether the property can be inherited after the death of one of the parties to the second marriage

Updated on society 2024-04-24
7 answers
  1. Anonymous users2024-02-08

    It depends.

    First, if the deceased party has a will, the inheritance of his estate will be carried out in accordance with the will. Whether the other party can inherit or not is subject to the will.

    Second, if there is no will, the inheritance shall be carried out in accordance with the legal order of succession under the Inheritance Law.

    Legal basis: Inheritance Law

    Article 5: 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 10, 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.

    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 users2024-02-07

    Yes, in a legal relationship, regardless of the number of days or the first marriage, there is a legal right of inheritance to the other party.

  3. Anonymous users2024-02-06

    Husband and wife are the first in line to the throne.

  4. Anonymous users2024-02-05

    Are you a**, can you talk, maybe I can help you with something.

  5. Anonymous users2024-02-04

    It is advisable to consult legal counsel.

  6. Anonymous users2024-02-03

    In the event of the death of one of the spouses, half of the property shall be distributed as inherited property if the property is the joint property of the husband and wife, and if the property is the personal property of one of the spouses, the property shall be distributed as inherited property. According to the law, the current spouse, children, and parents are the first-order heirs, and if they have a notarized will, they will inherit according to the notarized will, and if not, they will inherit according to the legal inheritance. In principle, the property of one of the remarried couples in the death of the spouse, children and parents shall be inherited.

    However, if the deceased made a will before his death, the ownership of the property shall be determined in accordance with the meaning of the will, otherwise it shall be handled in accordance with the legal inheritance. If it is the case of joint property of husband and wife, if one of the husband and wife dies, the real estate jointly owned by the husband and wife shall be divided first, and the property belonging to the deceased party shall be inherited, and if there is a will after the inheritance begins, it shall be inherited according to the will, and if there is no will, it shall be inherited according to the legal order of succession, if the property belongs to the deceased party alone, it does not need to be divided, and it shall be inherited directly according to the will, and if there is no will, it shall be inherited according to the legal order of succession. If the property is owned by the surviving spouse alone, there is no need to inherit it.

    1. What is the order of distribution of the estate.

    The estate is 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 cannot inherit. If there is no first-order heir, the second-order heir shall inherit.

    2. What is considered marital property.

    The following property acquired by the husband and wife during the marriage is the joint property of the husband and wife:

    1. Salary and bonus;

    2. Income from production and operation;

    3. Income from intellectual property rights;

    4. Property obtained by inheritance or gift.

    Legal basis: Civil Code of the People's Republic of China Article 1062 The following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

    1) Wages, bonuses, and remuneration for labor services;

    2) Income from production, operation and investment;

    3) income from intellectual property rights;

    4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

    5) Other property that shall be jointly owned;

    6) Husband and wife have equal rights to dispose of joint property.

  7. Anonymous users2024-02-02

    Legal analysis: If the man unfortunately dies, then the woman, as a spouse, can jointly inherit all the man's property (including the property belonging to the man's name or ownership) with her children and parents, and distribute it equally according to the existing number of people in these three categories, for example, the man has a daughter, and there are fathers and mothers on it, and the woman brings a young son to marry when she marries (in law, this also belongs to the son who has a dependency relationship with the man), then, the man's estate is the woman, the woman's son, and the man's father, mother, and daughter, these 5 people inherited Zheng Ming equally.

    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; If 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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Because the second marriage is more suitable for you, the second marriage also makes everyone know more about management, and a marriage with heart must be happy, and if you don't know how to operate, you will definitely be out.