How can the children and widows inherit the ancestral estate if the spouse dies before the decedent?

A long time ago, the law stipulated, the first order and the second order of the heirs to inherit the property, if the first is the heir, then the second is the heir, his family has been doing it in this order, why did the new who can?

In this case, you can consult a lawyer, and according to your specific situation, you will definitely be able to give you a plan.

In this way, by applying for inheritance notarization, you can apply for various procedures with a notarial deed.

According to the inheritance law, the inheritance law is very sincere, and they all have the right and obligation to inherit the defective inheritance.

If the spouse dies before the parents, the inheritance that should be inherited by her is divided between the parents, the children, the spouse, and if the parents are absent and there are no other children, then it is divided between the spouse and the children, if the spouse has other brothers, the inheritance of the parents shall be divided according to the number of shares, and the share of the deceased spouse shall be inherited by the spouse and children.

If the children and widows inherit the inheritance of the ancestor, they can be separated according to the amount of each person.

It turns out that the spouse has died, so her children and a pair should be distributed according to the laws of the country, and he will have several parts of the style, and then each can get their own part.

Generally speaking, such situations are resolved through negotiation, after all, they are all a family, and if they really fail to negotiate, they can only sue, and the court will make a decision.

This means that the spouse dies early. in children and a pair. I will definitely be able to inherit the legacy of my ancestors. Because a pair and children are the first heirs. It is the right that the law gives to everyone.

The estate is divided equally according to the number of siblings of the spouse, and then the children and widows share the inheritance that the spouse is entitled to.

If the spouse dies before the deceased, then his children and widow can negotiate the inheritance of the ancestral estate, and if the negotiation fails, they can also go to the court.

If the spouse dies before the decedent, and his children and a couple inherit the inheritance of the ancestors, then there is a legal provision for indoor integration.

Legal Analysis]: The spouse of the heir does not have the right of subrogation, and subrogation can only be inherited by immediate family members, and the spouse does not fall within this scope. Where the decedent's children die before the decedent, the descendants of the decedent's children shall inherit by subrogation.

A subrogated heir can generally only inherit his father's or mother's share of the estate. If there is no will and bequest maintenance agreement, the estate of the natural person shall be divided according to the statutory inheritance. Children who belong to the same order of heirs shall generally be equal; Heirs who have special difficulties in living and lack the ability to work shall be taken care of when distributing the inheritance; Heirs who have fulfilled their main obligation to support the decedent or who live with the decedent may receive more dividends when the inheritance is distributed; If an heir who has the ability and conditions to support does not fulfill his obligation to support, the inheritance shall be distributed without or less; In addition, if the heirs agree through consultation, it may also be unequal.

Legal Evidence]: Civil Code of the People's Republic of China

Article 1127 Inheritance shall be inherited 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.

"Brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

Article 1130:The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who have special difficulties in living and lack the ability to work shall be taken care of when distributing the inheritance;

Heirs who have fulfilled their main obligation to support the decedent or who live with the decedent may receive more dividends when the inheritance is distributed;

If an heir who has the ability and conditions to support does not fulfill his obligation to support, the inheritance shall be distributed without or less;

If the heirs agree through consultation, they may also split the file to be unequal.

Legal analysis: The heir and the spouse of the deceased heir are generally not able to inherit, if the spouse has done a lot of maintenance obligations to the decedent, he can appropriately share some inheritance. If the deceased heir has immediate descendants (children, grandchildren), the heirs can be subrogated by the heirs.

If there are no children, in principle, they cannot be subrogated.

Legal basis: Civil Code of the People's Republic of China

Article 128 Where the children of the decedent die before the decedent, the blood relatives of the direct descendants of the decedent's children shall 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.

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the 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.