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Under the law of inheritance, the spouse divides half and the rest is generally divided equally.
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There are no rights, and a half is to be given to the children and half to the spouse.
There are provisions in the inheritance law.
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There will be two situations: First, under normal circumstances, the deceased's deposit will be kept for a long time, and interest must be paid in accordance with the regulations on the management of savings. Second, under abnormal circumstances, bank deposits will not be kept permanently, and will eventually be disposed of.
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After the death of a person, the bank deposit will always be there if no one touches it
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The bank's deposits will always exist after death, unless the bank goes bankrupt, or the account balance is zero, the bank closes the account, or is withdrawn by the heirs.
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Deposits in the bank are kept at all times. Because the bank, as a financial institution, will always protect the customer's information, so the deposit information will be kept forever.
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The deposit in the bank after the death of the person will be inherited as the estate of the deceased. Those who have a will inherit according to the will, and those who do not have a will inherit according to the legal order.
1. How to divide the inheritance after the father remarries.
When the father remarries, the estate will first divide the joint property of the husband and wife, and the property belonging to the deceased party will be inherited as the inheritance. If there is a will, it will be inherited according to the will, and if there is no will, the inheritance can only be inherited according to the legal inheritance.
According to Article 1127 of the Civil Code, the inheritance shall be carried out 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.
According to Article 1123, 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.
2. How to inherit pre-marital property?
After the premarital property becomes an inheritance, if the deceased has a will during his lifetime, he will inherit according to the will, and if he has a bequest, he will inherit according to the bequest, and if there is no will and no bequest, he will inherit according to the legal order, that is, the spouse, children and parents shall inherit according to the first heir, and the siblings, grandparents and maternal grandparents shall inherit according to the second heir.
3. Which takes precedence, testamentary succession or statutory succession?
Testamentary succession is legally superior to statutory succession. After the commencement of inheritance, if there is a will, the estate shall be disposed of in accordance with the will. If there is no will, it shall be handled in accordance with the statutory inheritance.
Testamentary succession refers to the determination of the heirs of the deceased and the share of the inheritance to be inherited by each heir in accordance with the content requirements of the legal will left by the testator during his lifetime.
Statutory inheritance refers to a form of inheritance in which the law directly stipulates the scope of heirs, the order of succession, and the principle of inheritance distribution when the successor has not made a will for the disposition of his estate.
Article 1127 of the Civil Code states that the inheritance of the estate 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.
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Legal Analysis: The money deposited by the depositor in the bank is personal property, and in the event of the depositor's death, the legal heirs can go to the bank to withdraw the money on their own. In the case that the bank card is locked due to the wrong password, the old gentleman should negotiate with the bank staff, show the relevant certificate under the guidance of the bank staff and handle the withdrawal in accordance with the legal procedures.
Legal basis: Article 1127 of the Civil Code The inheritance of the estate shall be in the following order:
1) First order: spouse, children, parents;
2) Second order: siblings, grandparents, maternal grandparents.
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No. Yuan Longping, born on September 1, 1930 in Beiping (now Beijing), Han nationality, a native of De'an County, Jiangxi Province, a person without party affiliation, now lives in Changsha, Hunan.