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Inheritance: According to Article 5 of the Inheritance Law, 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. If there is no will, then the inheritance should be handled in accordance with the statutory succession.
According to Article 10 of the Inheritance Law, the estate 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 do not. If there is no first-order heir, the second-order heir shall inherit.
According to Article 13 of the Inheritance Law, the share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance. Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance 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.
It is necessary to go through the inheritance notarization first, and then the inheritance transfer. To do the inheritance transfer, the other inheritors must agree to do it, and the notarization and inheritance transfer need to pay the corresponding fees.
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Well, since the house is registered in your brother's name, it proves that your brother is the owner of the house and you only have the right to use it according to the notary, and after your brother's death, the house belongs to your brother's estate and should be inherited by your sister-in-law, parents and children. If your sister-in-law buys and sells a house, you need to get the consent of other heirs, because the house is registered in your brother's name, it proves that your brother is the owner of the house and you only have the right to use it according to the notary, and after your brother's death, the house belongs to the brother's estate and should be inherited by the sister-in-law, parents and children. If your sister-in-law buys and sells a house, you need to get the consent of other heirs, because the house is registered in your brother's name, it proves that your brother is the owner of the house and you only have the right to use it according to the notary, and after your brother's death, the house belongs to the brother's estate and should be inherited by the sister-in-law, parents and children.
If your sister-in-law buys and sells a house, she needs to get the consent of other heirs, because the house is registered in your brother's name, it proves that your brother is the owner of the house and you only have the right to use it according to the notarization, and after your brother's death, the house belongs to your brother's estate and should be inherited by your sister-in-law, parents and children. If the sister-in-law buys or sells the house, the consent of the other heirs is required.
<> dismantle the circle and shout.
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The main problem of fixed assets is which beam is registered in whose name, if it is still in the name of the landlord, then the death of the first brother can be claimed by the heirs of the elder brother's estate, and the notarization is still legally effective
If the property has been registered and transferred to the brother's name, then there is no room for regret.
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Notarization is not invalid and has legal effect.
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If the parents want to leave it to the two brothers, he has the right to add your name, if he wants to leave it to your brother, if he wants to leave it to your brother, there is no way if he doesn't give it to you, that's his right. He has the final say in his own room.
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If your brother buys the public house where his parents live together, if it is your brother's own full payment (even if the loan is repaid by your brother himself), it is appropriate to write his name on the property right.
If your parents don't have the money to pay and can't help with the repayment, they don't have the right to add your mother's name.
The property right has written his name, is it okay for my mother to add a name now?
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If you want to add your child's name to the title deed, you can do so by gift or sale.
1 Housing Donation Process.
1) The donor and the donee enter into a written contract on the gift of the house, that is, the letter of gift;
2) The donee shall pay the deed tax and receive the deed certificate according to the provisions of the Provisional Regulations on Deed Tax with the original house ownership certificate and gift letter;
3) Notarization;
4) Go through the registration procedures for the transfer of house ownership.
2 The process of buying and selling a house.
Selling a house to your children is a cheaper way than a gift. One is that the cost of the gift is too high; Second, the process of property inheritance is also more complicated; Third, although the name is "selling", there is no need for room payment, and the required expenses are mainly various taxes and fees.
1) Verification of house purchase qualifications (residential);
2) Sign the contract online;
3) The local taxation department verifies the deed tax;
4) The housing certificate is issued in the hall for the house ownership certificate.
2. Precautions.
1 Precautions for handling house gifts.
The taxes and fees that need to be paid for the "gift" of real estate include deed tax, notary fees and registration fees, the most important of which is the deed tax, which is 3 of the house appraisal **, generally speaking, 3 of the market.
For example, if the current market value is $1.2 million, the deed tax should be $360,000. If the child is the only house after 5 years of the real estate certificate, he or she can be exempted from VAT and personal income tax, and only need to pay a small handling fee.
If the child is a ** house less than 5 years after receiving the gift, or the child owns multiple properties, according to the current operation method, the child can only pay individual income tax according to the actual collection method, that is, 20 after deducting reasonable expenses from the transfer income, and also pay transfer value-added tax. Assuming that the children sell the property for $1.5 million in the future, the total amount of taxes that the parents and children need to pay during the two transfers may be as high as $400,000.
2 Precautions for handling the sale and purchase of houses.
Similarly, in the case of a $1.2 million house, if a parent "sells" the property to his children, he or she will need to pay personal income tax on the total appraised value1. Since the real estate certificate is less than 5 years old, it is also necessary to pay the value-added part of 5 5 5 value-added tax. Children are required to pay a deed tax of 1.
When the child transfers the property again in the future, if the title deed has been obtained for 5 years and it is the only house, the child only needs to pay a small transaction fee.
If the property ownership certificate is less than 5 years old or if you own more than one house, you need to pay the personal income tax on the total amount of 1 and the value-added part 5 5 VAT on the value-added part.
3. The documents required to add the child's name on the real estate certificate.
1 Required documents: real estate certificate, household registration book, ID card, marriage certificate (marriage document or single certificate), and household registration book or birth certificate for minor children. In addition to bringing sufficient documents, you also need to prepare copies of various certificates.
2 Note: When going to the local sales process to add a name, both the owner of the house and the owner of the house must participate.
To sum up, if the children sell the house in the future without waiting for the real estate certificate to expire for 5 years, it is more economical for parents and children to use the method of "buying and selling" than "gifting". In addition, if the child's real estate certificate is more than 5 years old, you should sell this house first and then buy a large house, which can save a lot of taxes and fees.
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If your brother buys it himself, your mother has no rights, and if your parents also take the money, then you can add your parents' names, and no one else cannot.
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It should be possible, but the procedures are complicated.
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Yes, time flies so fast, and I have stepped into the workplace society from the ignorant campus life, life is not easy, and I cherish it!
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