My aunt is the owner of the house, she died, she has a husband, a nephew, how to divide the property

Updated on society 2024-04-24
30 answers
  1. Anonymous users2024-02-08

    The aunt and nephew are not part of the immediate family, so the aunt's property during her lifetime will be inherited by her husband and children after her death, and it has nothing to do with the nephew.

  2. Anonymous users2024-02-07

    If the aunt is the head of the household dies and has a husband and nephew, then the property must be inherited by the husband or the aunt's parents also have the right to inherit, provided that the parents are also alive, in fact, they have no right to inherit the aunt's property, because they are not immediate family members.

  3. Anonymous users2024-02-06

    If the aunt is the owner of the house and dies, then the husband is the owner of the house, and the nephew has no right to take it, unless the aunt makes a suicide note to give the house to the nephew.

  4. Anonymous users2024-02-05

    Answer: My aunt is the owner of the house, she has died, she has a husband, her husband is the first heir, the children are the second heirs, and the nephew wants to inherit, unless the aunt has no children, and the husband is willing to give the property to the nephew.

  5. Anonymous users2024-02-04

    Well, if Mutual Aid dies, if your aunt is gone, his heir will say that it is your uncle and children, they are all the first heirs in line, if your uncle is the first heir, he accounts for 50%, if your son loves his nephew, and your nephew is also 50% worse, there will be two children, and the two children together account for 50%.

  6. Anonymous users2024-02-03

    When your aunt dies, according to the inheritance law, the first heirs are your uncle and the parents of your aunt's family. It is up to these people to participate in the inheritance. Participate in the division of property rights.

  7. Anonymous users2024-02-02

    Unless there is a will stating the ownership of the property, and whether the house is the pre-marital property of the aunt herself, if it is after marriage, then the house must be the husband and his children. It has nothing to do with my nephew.

  8. Anonymous users2024-02-01

    The first heir to the property is the husband. The property is the joint property of the husband and wife and should be inherited by the husband.

  9. Anonymous users2024-01-31

    In fact, the normal law is that relatives can share the property, but people have their own husbands and sons, and normally no relatives will participate in the distribution of family property.

  10. Anonymous users2024-01-30

    Legal basis: Article 1127 of the Civil Code of the People's Republic of China 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 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.

    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.

  11. Anonymous users2024-01-29

    The order of succession stipulated in the Inheritance Law is as follows: the first order is: spouse, children, parents, and the second order is siblings, grandparents, maternal grandparents, and only if the first order is not present, the second order of succession is carried out.

    The house in the name of the brother-in-law must be inherited by his parents, spouse, and children first, and if not, his sister, that is, your lover and his other brothers and sisters, will have the right to inherit.

  12. Anonymous users2024-01-28

    The first order is: spouse, children, parents, and the second order is siblings, grandparents, maternal grandparents, and only if the first order is not present, the second order of succession will be carried out.

    The house in the brother-in-law's name is inherited by his spouse, parents, children, and if there are none, then by his sister, that is, your wife and other siblings.

    If your father-in-law is still alive, you can't inherit your brother-in-law's property, but you can wait until your father-in-law dies and your wife inherits your father-in-law's property.

  13. Anonymous users2024-01-27

    Your brother-in-law's estate, the first order of heirs to his estate is: his parents, his wife, his children, and if there is no first order heir, then the second order of heirs: his brothers and sisters.

  14. Anonymous users2024-01-26

    The brother-in-law and mother-in-law are both deceased, and the inheritance in the name should be inherited by the brother-in-law's immediate family first, such as her wife, if she does not have a wife, there is a son to inherit, and the son does not, and then the nephew to inherit, if there is no relative over there, then your wife can inherit the inheritance. You can bring your wife's household registration book and identity documents to the local ** to go through the formalities.

  15. Anonymous users2024-01-25

    If the brother-in-law is married, the first in order (parents, spouse, children) will inherit the estate jointly after his death, and if the parents are no longer married and unmarried, the second in order (siblings) will inherit the estate.

  16. Anonymous users2024-01-24

    The brother-in-law has died, he has forgotten the property in his name, and the property in his name is inherited in the first order of spouse, children, parents, if the first order heir does not exist, then his brothers and sisters can inherit, I hope mine can help you and oh thank you!

  17. Anonymous users2024-01-23

    There is an order, who dies first, whether the brother-in-law has a wife or son, if the brother-in-law dies first, half of the property will be given to his wife, and then inherited by his wife, son, and parents, and if there are no parents, the share will not be counted. If the brother-in-law dies later, it will all go to his wife and children, and if the brother-in-law has no wife. There are siblings to inherit.

  18. Anonymous users2024-01-22

    When I hear these things, I feel very sympathetic to you. There is a sibling inheritance right in the division of property, you can consult a law firm, I hope you are doing well.

  19. Anonymous users2024-01-21

    Your brother-in-law is no longer there, your mother-in-law is no longer there, and there are other people in your brother-in-law's family, if your brother-in-law's property has not been transferred to your wife.

    Other people in his family can also enjoy his property, and if there are other people in his family, your father-in-law can still transfer the property to your wife.

  20. Anonymous users2024-01-20

    According to. The inheritance law stipulates that your wife can inherit the property.

  21. Anonymous users2024-01-19

    Generally speaking, when a person dies, his property is given to the first heir first, the so-called first heir is his partner, the second heir is his person's children, then his parents, and so on.

  22. Anonymous users2024-01-18

    Hello! If that's the case, you're looking for your brother-in-law and his sister is the only one.

    His sister could have inherited the house in his name.

  23. Anonymous users2024-01-17

    The brother-in-law, the wild king's mother-in-law, also hopes that the brother-in-law will be if. Having that wife and children is done must be them integrated, if not, that is. Sibling.

  24. Anonymous users2024-01-16

    The brother-in-law ant Wang's mother-in-law and brother-in-law Wang have a house in their names, how to inherit it should be his son, his children. to inherit his. House it.

  25. Anonymous users2024-01-15

    After the nephew's death, the house was inherited by the niece. Nephews and nieces are raised by their uncle as guardians, and if the name of the property is nephew's, according to the regulations of our country, the inheritance shall be their brothers and sisters, and the inheritance shall be inherited by the immediate family, unless there is a will stating that it will be inherited by the uncle he supports.

    Citizenship's right to inheritance.

    1) The definition of inheritance and the conditions it should have.

    The legitimate personal property left by the decedent is called an inheritance. Requirements: It must be the property left behind at the time of the death of the citizen; It must be the property of an individual citizen; Must be legitimate property.

    The deceased who left behind property is called the successor. A person who continues the estate of the deceased in accordance with the law is called a continuing person. The right to continue refers to the right of the successor to obtain the inheritance of the deceased in accordance with the law.

    2) Two ways of inheritance:

    Statutory continuation. a Definition: refers to the way in which the scope and order of the successors are directly stipulated by law, and the principle of distribution of inheritance shares is directly stipulated by law.

    b Continuation order: First order: spouse, children, parents.

    Second order: siblings, grandparents, and maternal grandparents. After the continuation begins, the person who continues in the first order continues; If there is no first-order successor, or if the first-order successor does not continue, the second-order successor will continue.

    The will continues. A Definition: refers to the way in which the inheritance of the successor is continued in accordance with the will made by the successor.

    bProcedures and conditions: The continued person may make a will to designate the legitimate property of the individual to be continued by one or more of the legal successors. The will made before the continuation of life must be true, justified and valid.

    A will continues to be superior to a statutory continuation.

  26. Anonymous users2024-01-14

    The inheritance of the property is as follows:

    Statutory succession. Statutory inheritance is in accordance with the provisions of the law, and the heirs inherit according to the order of inheritance and the share of inheritance.

    The legal heirs under the Inheritance Law are: spouse, children, parents, siblings, grandparents, maternal grandparents.

    The order of inheritance refers to the order in which the heirs inherit the estate. The Inheritance Law divides heirs into two orders of succession:

    First order: spouse, children, parents;

    Second order: siblings, grandparents, maternal grandparents.

    After the inheritance begins, the heirs in the first order will inherit first, and there will be no heirs in the first order (including those who do not have the heirs in the first order and those who have the heirs in the first order but have all given up or lost the right to inherit.

    The inheritance share means that when the heirs in the same order inherit the estate, the shares are generally equal. For people with special difficulties, minors, and heirs who lack the ability to work and have no livelihood, they should be taken care of and appropriately distribute more inheritances. For heirs who have the ability and conditions to support them, if they do not fulfill their obligation to support them, they shall not share or share less in the distribution of the inheritance.

    The heirs can divide the estate equally or unequally by mutual agreement, which is especially important when it comes to property inheritance.

    Inheritance conditions. Inheritance is a legal system, and inheritance can only occur under certain conditions.

    1. Inheritance shall only occur after the death of the decedent (in the case of inheritance, the person who left the property). This is the first condition for inheritance. In order to avoid disputes over real estate in the future, some property owners hand over the property rights to the heirs before their deaths, such as distributing them to one or each of their children, which is also a legal act, but this is not inheritance, because the inheritance has not yet begun, but a gift before death.

    2. The person who inherits the estate shall be the legal heir of the decedent, that is, the heir who can be the heir in accordance with the provisions of the law. This is the second condition of inheritance. If the decedent makes a will, designates the property to someone other than the legal heir, or donates it to the state or the collective, this is also the way in which the decedent disposes of the estate, but this is not an inheritance but a bequest.

    3. The inheritance shall be the property of the deceased who belonged to the individual during his lifetime. This is the third condition of inheritance. Some properties are co-owned, such as the common co-ownership between husband and wife, and when one of the spouses dies, not all of the property becomes an inheritance.

    In this case, the property rights of the property should be divided first, and the share belonging to the spouse of the deceased (unless agreed, half of the share of the real estate should generally be divided) should be divided, and then the inheritance should be carried out.

    After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance: if there is a will, 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. After the death of the decedent, if he made a will during his lifetime, or if he had signed a bequest and maintenance agreement with a social organization or individual, the estate shall be disposed of in accordance with the contents of the will or bequest and maintenance agreement.

    If there is no will or agreement, it will be treated as legal inheritance.

  27. Anonymous users2024-01-13

    It means the daughter of a nephew, who was raised by his uncle as a guardian, and if the name of the property is a nephew, according to the regulations of our country, the inheritance should be his children, unless there is a will stating that it will be inherited by someone else.

  28. Anonymous users2024-01-12

    Both uncles and nieces have a share of power.

  29. Anonymous users2024-01-11

    niece, inheritance by immediate kinship.

  30. Anonymous users2024-01-10

    It should be inherited by immediate family members, that is, the closest people.

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