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The right to benefit is also the legal property of the individual and can be inherited as an inheritance. In the event of the death of the beneficiary, the legal heirs shall inherit in accordance with the order of legal succession.
Legal basis: Inheritance Law
Article 10, inheritance shall be carried out 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" in this Act includes legitimate children, illegitimate children, 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.
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You can go to the inheritance Personally, I think you can drink the insurance company to negotiate the change. However, legally, if it is not changed, then the insurance money will become an inheritance, and then the insurance money will be inherited through legal inheritance.
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My wife bought accident insurance and filled in her husband in the beneficiary column, but the name was not her husband, it was someone who was not related to her by blood, it was a man outside her, could this man be the heir.
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A beneficiary is not equal to an heir. The beneficiary generally refers to the person who receives the benefits of the insurance contract in life insurance or property insurance. The legal heir is a person who enjoys the right of inheritance determined by the relevant laws of our country, and the decedent inherits in accordance with the scope and order distribution principle of the heirs stipulated in the law under the premise that the decedent has not made a will or the will is invalid.
According to the first paragraph of Article 1127 of the Civil Code, the inheritance shall be carried out in the following order:
First order: spouse, children, parents.
Second order: siblings, grandparents, maternal grandparents.
1. How to distribute the property after the death of the husband.
First of all, it is necessary to determine the scope of the husband's property, divide his personal property before marriage and the property jointly owned by his wife after marriage, and then carry out inheritance after the division is clear, which should generally be divided by the legal heirs in the first order, and the scope of the legal heirs in the first order, spouse, parents, and children. As long as there is a first-order heir, no one else has the right to inherit. If there is no first-order heir, the second-order heir will inherit.
In the first order, there are spouses, children, and parents. In the second order, there are siblings, grandparents, and maternal grandparents. Under normal circumstances, it shall be handled in accordance with statutory inheritance, in the case of testamentary inheritance or bequest, and in case of a bequest and maintenance agreement, it shall be handled in accordance with the bequest and maintenance agreement.
2. What is the legal heir in the second order?
The legal heirs in the second order are siblings, grandparents, and maternal grandparents. Among them, siblings include siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings if they have a dependent relationship. Legal heirs, also known as "unwilled heirs".
It refers to the heir who inherits the inheritance of the decedent in accordance with the scope of inheritance, the order of inheritance and the principle of inheritance distribution according to the law. If there is no first-order heir or the first-order heir loses or renounces the right of inheritance, the second-order heir will inherit and inherit the hail.
Article 1127 of the Civil Code.
The estate is 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. 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.
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