I am the only child in the family, what if I give up the inheritance?

Your question: If you are the only child in the family, if you renounce the inheritance of the family. This kind of behavior is called renunciation of inheritance rights, which is what we call loss of inheritance rights, which refers to the willingness to cancel the inheritance qualification of the legal heirs according to the will of the decedent.

The order of inheritance refers to the order in which the heirs inherit the estate after the death of the decedent. Article 10 of the Inheritance Act provides that "estates shall be inherited 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 cannot inherit. If there is no first-order heir, the second-order heir shall inherit. ”

Article 12 of the Inheritance Law also stipulates that "a widowed daughter-in-law who has fulfilled the main obligation of support to her father-in-law and mother-in-law, and a widowed son-in-law to her father-in-law and mother-in-law, shall be regarded as the first-order heir." ”

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.

In addition, according to Article 27 of the Inheritance Law, if one of the following circumstances falls in the inheritance of an estate with a will, the relevant part of the estate shall be handled in accordance with the statutory inheritance:

1) The testamentary heir renounces the inheritance or the legatee renounces the bequest;

2) The testamentary heir loses the right of inheritance;

3) The testamentary heir or legatee dies before the testator;

4) the estate involved in the invalid part of the will;

5) The estate that has not been disposed of by will.

The clarity of the order of inheritance provides a strong guarantee for the orderly division of the estate. At the same time, it should be noted that in the division of inheritance, the principles of equality between men and women, the care of the old and the young, the care of the sick and disabled, as well as mutual understanding, mutual accommodation, solidarity and harmony should be adhered to. Even if there is a will, the necessary share of the inheritance should be reserved for the heirs who lack the ability to work and have no livelihood, as well as the inheritance share of the fetus.

In addition, the inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of the estate. The heirs have no obligation to repay the part that exceeds the actual value of the estate, except for voluntary repayment.

Life is not easy, the cat sighs, you give up your family to work hard for a lifetime. Cheapen up your relatives. Even if you give up and you have trouble asking them for help later, they still won't take it seriously. That's human nature.

You expressly renounce the inheritance and inherit it by another heir. If the heirs have debts, the estate is received by the creditors.

Hello, I don't quite know why you would give up inheriting your family's inheritance, if you do, you can give it to Project Hope, or your relatives and friends.

If the inheritance is renounced, the family's inheritance will naturally belong to the state.

There can be other relatives to inherit, and if your parents are also only children, I don't know.

Don't overthink it, just live each day in the moment. As long as you are strong enough, you will live well no matter how you choose.

So that there are other heirs who can inherit.

It will be inherited by other people, or handed over to the state, why do you give it up, you give up the right to inherit, but you still have to fulfill the obligation to support.

There is a right of inheritance. The estate is inherited 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" includes legitimate children, children born out of wedlock, 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. Legal basis:

Civil Code of the People's Republic of China Article 1127 The inheritance shall be in the following order: (1) the first order: spouse, children, parents (2) the second order of the Chong Jing faction:

Siblings, siblings, grandparents, maternal grandparents. After the inheritance begins, it will be inherited by the first-order heir, and if the second-order heir does not inherit, if the first-order heir inherits, it will be inherited by the second-order heir.

Legal basis:Article 1127 of the Civil Code of the People's Republic of China [Scope and Order of Inheritance of Legal Heirs] The inheritance of the estate shall be in the following order: (1) First order:

Spouse, children, parents. (2) Second order: siblings, grandfather, mother, 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.

1. The child himself cannot give up the inheritance, because he is a person with no or limited civil capacity. The child's civil act should be exercised by the child's guardian, but the guardian cannot harm the child's interests, so if the renunciation of inheritance harms the child's interests, the guardian cannot give it up on his behalf, and if the child's interests are not harmed, then he can give it up.

2. Legal basis: Civil Code

Article 1124:Where the heirs renounce the inheritance after the inheritance has begun, they shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication of the marking, it is deemed to have accepted the inheritance.

The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

Article 27: Parents are the guardians of their minor children.

Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents;

2) brother and sister;

3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

1. What are the ways of inheritance?

1. Testamentary succession, that is, the decedent makes a will before his death and designates the heir to inherit his or her estate.

2. Bequest means that the deceased makes a will before his death, and gives the estate to the state, the collective, or a person other than the legal heir.

3. A bequest and maintenance agreement means that the decedent and the dependant enter into an agreement that the decedent shall bear the obligation of the decedent to support the deceased and bury him, and all or part of the property of the decedent shall be transferred to the dependant after his death. This method mainly occurs when the elderly have no one to support them.

4. Legal succession, that is, in the absence of the above three circumstances, the law determines the order according to the distance of kinship.

In summary, the right of inheritance of children cannot be waived. The child belongs to the incapacitated person, and the inheritance and bequest rights of the incapacitated person are exercised by his legal ** person. Generally, a legal person cannot give up the right of inheritance or bequest.

Where the interests of the person being ** are clearly harmed, the ** act shall be found to be invalid.

After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance before the estate is disposed of. The renunciation of inheritance by the heirs shall be expressed in writing to the other heirs. Where a waiver is expressed orally, and the person acknowledges it, or there is other sufficient evidence to prove it, it shall also be found to be valid.

If there is no indication, it shall be deemed to have accepted the inheritance.

Article 1154 of the Civil Code of the People's Republic of China In any of the following circumstances, the relevant part of the estate shall be handled in accordance with statutory inheritance: (1) the testamentary heir renounces the inheritance or the legatee renounces the bequest; (2) The testamentary heir loses the right to inherit or the legatee loses the right to receive a gift from the bereaved relatives; (3) The testamentary heir or legatee dies or is terminated before the testator; 4) the estate involved in the invalid part of the will; 5) The estate that has not been disposed of by will.