Parents died in what circumstances assets can be given to the state

When the mother dies and the father is there, the children can share the property. After the death of the mother, the father is still alive, and the children have the right to share the inheritance. Unless otherwise agreed, if the property jointly owned by the husband and wife acquired during the marriage relationship is divided, half of the jointly owned property shall be divided into the spouse's property and the rest shall be the inheritance of the decedent.

According to the law, the first in order of heirs are: spouse, children and parents. After the death of the mother, the estate is inherited.

Here we go. The spouse, children and parents who are the first-order heirs are in no particular order, and the spouses, children and parents are all first-order heirs. Therefore, as a child, the mother's inheritance has the right to claim inheritance.

As for the share of specific inheritance, it can be based on the provisions of the law on inheritance.

Hello, this can be divided, you are the legal first heir, if your mother's property does not have a will, then your father's share after your mother's death is part of all your mother's property, inherited by you and your siblings.

Legal basis: Article 10 of the Inheritance Law inherits the estate 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.

Legal Analysis: First of all, the joint property of the husband and wife should be divided, and then the personal property of the father should be determined. In the case of property owned by the father, the children may inherit it in accordance with the law, and the order of inheritance for the children and the mother is the same.

Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance shall be carried out in the following order: (1) The 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.

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 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 to support and has the conditions to support does not fulfill the obligation to support, the inheritance shall be distributed without or with a small share. Where the heirs agree through consultation, it may also be unequal.

The Civil Code stipulates that the personal property of the mother whose parents are divorced shall belong to the mother, and only the joint property shall be divided. According to the relevant laws and regulations, if there is an agreement on the ownership of property before or after marriage, it shall be executed in accordance with the agreement.

Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by the husband or wife in the contracting and management of family land shall be protected in accordance with law. Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:

1) Wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 1063 of paragraph 1063 of this Law. Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (2) Compensation or compensation received by one party for personal injury.