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If there is no will, it shall be inherited in accordance with the law. Spouses, children, and parents are first-in-order legal heirs.
However, Article 7 of the Inheritance Law also stipulates that an heir shall lose the right of inheritance if he commits any of the following acts:
1) Intentionally killing the decedent;
2) Killing other heirs for the purpose of competing for an inheritance;
3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;
4) Forging, altering, or destroying a will, where the circumstances are serious.
So it depends on whether the younger brother is doing the above, and if not, he has the right to inherit.
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Fortunately, there is no testament for others to inherit.
Depending on the problem, you have to look at the law, I didn't bring a book.
In fact, you can also take a look at the inheritance law on **.
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Yes. The prisoner's civil capacity is still there.
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As long as political rights are not denied.
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Yes, as long as it is not said in the will that it is only for my brother.
If there are relevant provisions in the inheritance law, you can consult a lawyer.
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Prisoners do not return to the loss of civil rights because they are serving their sentences! Civil rights are terminated by death! Therefore, those who have a will follow the will, and those who do not enter the legal inheritance! Personal opinion, FYI!!
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The people of Leshan, Sichuan said the same as me.
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Summary. Hello dear, happy to answer your <>
Since the act of a third party occupying, squandering, or transferring the inheritance has constituted an infringement of the heir's inheritance rights, the heir may file a lawsuit with the people's court in accordance with the law to demand return or compensation for losses.
Inheritance is an infringement on other people's property.
Hello, dear, I am glad to answer the <> of Jian Xi Zen for you
Since it is a matter of infringing on the property of others, attention can be paid to retaining relevant evidence, and since it is pointed out that the act of possession, squandering, or transferring the inheritance by a third party has constituted an infringement of the inheritance rights of the heirs, the heirs may file a lawsuit with the people's court in accordance with the law to demand the return or compensation for losses.
Legal analysis: The crime of embezzlement refers to the act of illegally taking possession of property, forgotten or buried property that others have handed over to oneself for safekeeping, and refusing to return it for the purpose of illegal possession. The subject of this crime is a general subject, and any natural person who has reached the age of 16 and has the power of criminal responsibility can constitute this crime.
The offence must be subjectively motivated by intent, i.e., unlawful possession of property, forgotten or buried property that is known to belong to another person for his safekeeping.
Legal basis: Article 124 of the Civil Code of the People's Republic of China [Right of Inheritance] Natural persons enjoy the right of inheritance in accordance with law. The lawful private property of natural persons may be inherited in accordance with law.
Article 1165:Where the actor infringes upon the civil rights and interests of others due to his fault and causes harm, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability. Article 1167:Where the act of infringing on merging rights endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear liability for the infringement of rights, such as stopping the infringement, removing obstacles, and eliminating dangers.
An inheritance is an inheritance that infringes on the property of others, whether the heirs can inherit it, and if so, what responsibilities they will bear.
Relatives, the heir can only inherit the legal inheritance of the heir to the defeated brother, and the property obtained by embezzlement is not legal, so the property that has been embezzled is not inherited.
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Summary. Hello dear. I've found the answer for you and I'm back, and here's how it is:
In the case where the inheritance is an infringement of the property of others, the following measures may be taken to deal with it: the police may be reported immediately, and the conditions for handling inheritance disputes: After the summons is announced, if the person refuses to appear in the case without a legitimate reason or refuses to report after receiving the summons, the people's court may be custodial summons.
The property that has been misappropriated usually refers to the property of a deceased person or the property of a person who is not deceased but knows that his property rights have been infringed. Where the property of others is embezzled, the property shall be returned, and where the property cannot be returned, compensation shall be made at a discounted price. The heirs have the right to inherit the property of the deceased and may demand the return of the property specified by the donor in the gift contract.
The police may be reported immediately, and the conditions for handling inheritance disputes: After the summons is announced, if the person refuses to appear in the case without justification or refuses to report after receiving the summons, the people's court may be custodial summons. The property that has been misappropriated usually refers to the property of a deceased person or the property of a person who is not deceased but knows that his property rights have been infringed.
Those who encroach on the property of others' financial departments shall return the property, and if the property cannot be returned, compensation shall be made at a discounted price. The heirs have the right to inherit the property of the deceased and may demand the return of the property specified by the donor in the gift contract.
Article 1184 of the Civil Code stipulates that if the property of another person is infringed, the property loss shall be calculated according to the market or other reasonable methods at the time of the loss. Article 120 of the Civil Code stipulates that if civil rights and interests are infringed, the infringed party has the right to request the infringer to bear tort liability.
Article 131 of the Civil Code stipulates that the main ways to bear civil liability are: (1) stopping the infringement; (2) Removal of obstacles: (3) Elimination of hazards; (4) Return of property:
5) restitution; (6) compensate for losses; (7) Apologize; (8) Eliminate the impact and restore reputation.
Dear, please describe the specific situation, and I will conduct a comprehensive analysis for you<><
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The embezzled part of the estate cannot be inherited, and the heir can only inherit the legal inheritance of the decedent, while the property obtained by Chi Cong's embezzlement is illegal, so the embezzled property cannot be inherited. An inheritance that is not allowed to be inherited in accordance with the provisions of the law or on the basis of the nature of his brother or grandson shall not be inherited.
Article 1121 of the Civil Code Inheritance begins when the decedent dies. Where several persons who have an inheritance relationship with each other die in the same event, and it is difficult to determine the time of death of the Xiandan chain, it is presumed that the person who has no other heirs dies first. If there are other heirs, and the generations are different, it is presumed that the elder died first; If they are of the same generation, they are presumed to have died at the same time, and no inheritance occurs between them.
Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
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If the estate administrator intentionally causes infringement to the heirs, it shall bear the corresponding civil liability and make corresponding compensation. The duties of the statutory meal administrator are: cleaning up the estate and making an inventory of the estate; Report the estate to the heirs, Lu Min; take necessary measures to prevent damage or loss of the heritage; Dealing with the claims and debts of the deceased; division of the estate in accordance with the will or in accordance with the law; Carry out other necessary acts related to the administration of the estate.
[Legal basis].Article 1147 of the Civil Code.
The manager of the bereaved and leaked branch property shall perform the following duties:
a) Clean-up of the heritage and preparation of an inventory of the heritage;
2) Report the estate to the heirs;
3) To take necessary measures to prevent the damage or loss of the heritage;
4) Dealing with the claims and debts of the decedent;
5) Divide the estate in accordance with the will or in accordance with the provisions of law;
6) Carry out other necessary acts related to the administration of the estate.
Article 1148.
The estate administrator shall perform his duties in accordance with law, and shall bear civil liability if he intentionally or grossly negligently causes damage to his heirs, legatees, or creditors.
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