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Although they are remarried couples, each of them manages their own money, if all the property during the marriage is the joint property of the husband and wife, except for the property before the remarriage, the future will be jointly managed by the husband and wife, and the property before the marriage can be inherited by the children or parents of each party, and if one of the parties dies, all the property during the marriage period is inherited by the other party, except for the property before the marriage, which cannot be inherited.
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If there is no marital property agreement, each other still has the legal right to inheritance.
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Although the remarried couple manages their own money, it is also the joint property of the husband and wife. After the death of one of the deceased, the property left by the deceased is jointly inherited by the deceased's parents, spouse and children.
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Although the remarried couple is in charge of their own money, but the money of both people belongs to the common property of the family after marriage, if one party does not leave a special will after death, then the other party has the right to inherit the estate, and you can consult a lawyer for details.
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If you make a prenuptial property justice or will, then your respective assets have nothing to do with each other. If this is not done, then the deceased's living property will be divided into two parts, one is the pre-marital property and the other is the post-marital joint property. The parents and children of the deceased before the marriage shall be distributed according to the respective shares of the immediate family after the marriage.
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It doesn't matter if you are remarried or what your state is, because if you get a marriage certificate, you are both husband and wife, then the property of the husband and wife must be the death of one party and the inheritance of the other party.
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The money of both spouses is inherited as the joint property of the husband and wife.
Generally, it includes wages and bonuses, production and business income, intellectual property income, inheritance or gift property, investment income and other property that should be jointly owned. The joint property of the husband and wife mainly includes the joint property of the husband and wife acquired from the date of receipt of the marriage certificate to the date of divorce, and generally includes wages and bonuses, income from production and operation, income from intellectual property rights, property obtained from inheritance or gift, investment income and other property that should be jointly owned.
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The two are remarried couples, each of whom is in charge of their own money, although now if one party is in charge, I don't think the other party will inherit his inheritance, because this person was in charge of his own money before, and if he feels that he is sick and can't do it, he will definitely transfer his inheritance to the person he wants to give, so the other party will definitely not get a penny.
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It is better to have an agreement, and if there is no agreement, first of all, to determine the type and amount of their inheritance. For the personal estate, the spouse shall divide half of the inheritance and the remaining heirs equally, or settle it through negotiation.
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Remarried couples have their own money, and if one of them dies without a will, the other party can inherit his estate, but his biological children also have the right and they can divide it together.
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If one of the remarried spouses dies and the other spouse has the right to inherit the estate, the inheritance will be in the first order, and the husband's children and parents will have the right to inherit the estate.
Thank you for the invitation, Buddha, August 19, 2021.
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Although the marriage is AA system, the marital property is legally the joint property of the husband and wife, and if the husband dies, if his parents ask for the division of the property, there will be part of the alimony, and the rest will be inherited by the wife.
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Regardless of how you manage your money, as long as you don't make a will, if one of you dies, the rest of your property goes to your spouse, children and parents.
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Remarried couples manage their own money, so when one party is in charge, how should the other party inherit the inheritance? When one party is in the making, the other party should inherit the entire estate, because it is counted as their own. Community property.
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If there is a will! Then it will be executed according to the will!
If there is no will, the estate is distributed according to the joint property of the husband and wife, according to the share of the heirs according to the law.
If there is an objection, it can be negotiated, and if the negotiation fails, it can be sued.
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Although each spouse is in charge of their own money, the income after marriage belongs to the joint property of the husband and wife, and if one of them dies, the other inherits it.
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As long as it is a legal husband and wife, they have the right to inherit the estate according to the law, and they can consult a local lawyer.
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Although the remarried husband and wife are in charge of their own money, but every income is the joint property of the husband and wife, when the local illness dies, the other party also has the right to inherit, and the children of the five families have a common few percent of the separation, but this belongs to the joint property of the husband and wife.
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Even if each of them manages their own money, even after death, the other party is suitable to have the right to inherit the inheritance, because they have a marriage certificate.
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Even though you are remarried. If it has been registered, it is protected by law, although it is said to be a self-Chinese money, but after the death of one party, the property will go to the other party.
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In this case, since it is a husband and wife, it depends on whether the two people are de facto married and whether they have a marriage certificate? If there is a marriage license, then the money is joint property, and the other party has the right to divide the inheritance, no matter how you manage it.
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Remarried couples manage their own money, and how can the other inherit property after one of them dies? It depends on what agreement you had when you were in life, and when you combined? If there is an agreement, it will be done according to the agreement, and if there is no agreement, you will discuss it with the family of the deceased.
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China's marriage law clearly stipulates that during the existence of the husband and wife relationship, all income is shared by both husband and wife, whether they adopt the AA system or other property distribution methods in their lives, this does not affect their right to inherit each other's inheritance.
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Husbands and wives are in charge of their own money, so after the death of one party, the other party should not be able to inherit the inheritance, because it may be that their property is carried out, and the public may need to have another heir.
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Remarried couples are in charge of their own money, and if it is registered as a joint property of the husband and wife, then after the death of the other spouse, the other spouse can inherit the estate, and it is the heir of the family.
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The husband and wife each manage their own money, so how can the other inherit the property after one party dies? You have to have a marriage license, so that the other party dies, and his property is inherited by you and his children.
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Even if you are a remarried couple, although you manage your own money, after the death of one of the spouses, the spouse is the first heir.
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To each his own money. Remarried couples. When one party dies, how does the other inherit the estate? A marriage certificate is required. This is the premise that it is protected by law. The spouse is the first heir to inherit first.
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Remarried couples are in charge of their own money, where and how should one of them inherit their assets after death? When one party is alive, he spends his own money, so others don't know that you two have saved money, and if there is a letter of, it is also yours, and it can also be controlled by you, so you should keep this money for your children.
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First of all, premarital property mainly includes two parts: one is the property that the decedent has received from the marriage, and the other is the property owned by the decedent himself. According to the law, the estate includes the legal personal property owned by the decedent, so whether it is pre-marital property or post-marital property, it falls within the scope of inherited property.
Secondly, as long as the legal conditions are met, the marital relationship of remarriage is protected by law. If one of the spouses dies during the marriage, the spouse is the first in line of legal succession and is not deprived of the right to inheritance. Therefore, if one of the remarried couples dies, the other party can inherit the other party's pre-marital property.
1. What are the first heirs of both husband and wife who have died?
If one party dies, his personal property shall be inherited as an inheritance, and if there is no will, the first heir in line shall inherit the estate equally in accordance with the statutory inheritance, and the first heir in line shall include the spouse, parents and children of the decedent.
Half of the share of the joint property of the husband and wife is the personal property of the decedent, and the other half belongs to the personal property of the spouse.
2. How to inherit the inheritance of the children of the reorganized family.
First, let's talk about the division of property in the event of divorce. We need to make it clear that the division of joint property in the event of divorce, regardless of whether it is the first marriage or the second marriage, is based on the property acquired during the marriage relationship, or the agreement between the parties to agree on the ownership of the property. In other words, in the absence of any other agreement stipulating the ownership of personal property or joint property of the husband and wife, the property acquired after the registration of marriage is generally the joint property of the husband and wife and is divided equally between the husband and wife.
secondly, if there is a will when it comes to inheritance, 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, and if there is no above agreement, it shall be handled in accordance with the statutory inheritance. In this case, the first person in line to inherit the property will inherit the property, including the surviving parents, spouse and children. If it belongs to a joint family and a relationship of custody has been formed between the stepparents and the stepchild, then according to the law, the stepchild can inherit the decedent's estate like a legitimate child, become the legal heir of the decedent, and enjoy an equal share of the inheritance like other first-in-line heirs.
Article 1127 of the Civil Code stipulates that 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.
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In the event of the death of one of the spouses, all the marital property cannot be used as the inheritance, but the joint property of the husband and wife shall be recognized first; Only when half of the property is owned by the surviving party and the other half is the joint property of the husband and wife can it be recognized as the personal property of the deceased party. Then, the inheritance is carried out in the normal way of inheritance.
Legal basis
Article 1153 of the Civil Code stipulates that, unless otherwise agreed, when dividing the property jointly owned by the husband and wife, half of the jointly owned property shall be divided into the property owned by the spouse, and the rest shall be the inheritance of the decedent. Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.
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Legal analysis: The method of dividing the property of one of the remarried couples is as follows: the joint property of the husband and wife is divided first, and the property belonging to the deceased is then distributed as an inheritance in accordance with the law
If there is a bequest and maintenance agreement, it will be distributed according to the agreement, if there is no agreement, if there is a will, it will be distributed according to the will, and if there is no agreement and there is no will, it will be distributed according to the statutory inheritance.
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 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. Cavity remains.
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I should miss it very much, and I don't fit in, after all, I usually live together, and it is still a long time for one party to leave for 10 days, but in the end, I may get used to it.