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China's inheritance law stipulates that the first heirs in line are: spouse, parents, and children, and the second in line are: grandparents, maternal grandparents, and siblings.
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.
In this case, the father of the younger son is the first in line of succession, so he has the right to inherit, and the younger son's brother will have the right to inherit unless he renounces the inheritance.
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His father is the first-order heir of his estate, and of course has the right to inherit, and his elder brother is the second-order heir, and only if his spouse, parents, and children, these first-order heirs, are not alive.
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His father is his first-order heir, and his elder brother is second-in-line. Because his father is alive, his father has the right to inherit, but his brother does not.
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The father has the right to inherit. My brother didn't.
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The persons who have the right of primary inheritance are: parents, children, spouses, adoptive parents, adoptive children.
The second heirs are: siblings, grandparents.
In the absence of a primary heir, it is inherited by the second successor.
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The third order heir is the successor, and it will be the turn of many people.
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The estate is inherited in the following order: first order: spouse, children, parents; Second order: siblings, grandparents, maternal grandparents. The share of inheritance inherited by heirs in the same order shall generally be equal.
Article 1130 of the Civil Code of the People's Republic of China.
The share of inheritance inherited by heirs in the same order shall generally be equal.
Heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance.
If the decedent has fulfilled the main obligation of support or lives with the decedent, the decedent or the heir may receive more points when the estate is distributed.
If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.
Where the heirs agree through consultation, it may also be unequal.
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His brother's children have no inheritance rights. The first in line of heirs of the decedent are the spouse, children, and parents.
When the deceased does not have a first-order heir, the second-order heir can inherit, the elder brother is the second-order heir, and the decedent's elder brother has died before the deceased's death, so it should be inherited by other second-order heirs.
If the deceased's elder brother dies later than the deceased, the decedent's estate will be inherited by the decedent's brother. The elder brother's children can only inherit, and the decedent's elder brother inherits the estate, and the elder brother's children can inherit the elder brother's estate.
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Whether there is inheritance or not, first depends on whether the elder brother has the right to inherit. The elder brother belongs to the second in line of legal heirs, and only when the decedent's parents, spouse, and children are not there, or if the decedent leaves a will to give the property to his brother, the elder brother has the right to inherit, and if he has the right to inherit, his children can have the right to inherit.
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Hello, there is the right of inheritance, but since the son died before the father, the share that should be inherited by the son is subrogated by the son's children. There are provisions on subrogation in the previous "Inheritance Law" and the current "Civil Code".
Civil Code: Article 1127 [Scope of Legal Heirs and Order of Inheritance] 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 succession of Chunhu 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.
Article 1128: [Subrogation of the Descendants of Qi Sen Youcheng] Where the children of the decedent die before the decedent, the direct descendants of the decedent's children are to inherit by subrogation.
If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation.
Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.
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If the son has children, it can be subrogated.
Mori Socks Inheritance Law:
Article 11: [Subrogation] Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. Subrogation of the heir is generally only able to inherit his father's or mother's share of the inheritance that the good gods have inherited.
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