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If there is a will, it will be inherited according to the will, and if there is no will, the statutory inheritance will occur.
In addition, the husband has an obligation to support his parents, and if the mother-in-law has no income and no support at the time of legal inheritance, he may take appropriate care of the mother-in-law.
The best solution to this matter in practice is undoubtedly to settle it through negotiation, after all, broken bones and tendons.
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Then let the old man live first, wait for the old man to be gone, and then divide the house according to the will or inheritance law, anyway, you can't kick the old man out, let the old man lose his son and lose his residence.
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Since the mother-in-law lives in it, the mother-in-law should continue to live in it with peace of mind. The mother-in-law bears the pain of losing her child, and the white-haired person sends the black-haired person, which is miserable enough, and the daughter-in-law should be more concerned. If your mother-in-law is unable to take care of herself and you don't have time to take care of it, you can ask for her consent, send her to a nursing home with better conditions, and visit her often.
The property rights of the house, at present, the mother-in-law also has an inheritance, and the mother-in-law will still be yours after a hundred years, so don't talk about this topic now, so as not to make the old man sad.
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The husband died, and half of the house belonged to the wife.
The other half, the husband has a will and inherits according to the will.
There is no will, inheritance is in the order of succession. The husband's parents, wife, and children are divided equally.
Generally speaking, whoever wants a house will make up the money for others to inherit the share of the property!
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If the property has a share of the husband, the mother-in-law has the right to inherit. Children should be called grandma with their mother-in-law, and their own grandmother lives in this house, and there is really no need to rush to ask for their own inheritance. Grandma has lost her son, and she is already extremely sad, so let's not mention the division of real estate first.
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Then wait until your mother-in-law dies, no matter who you have, don't mention it now, it's you who can't run away.
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Discuss, if the old man has other children called together, first of all, this suite is the only place for your friends and children, if the old man has other children, what needs to be discussed is the maintenance of the old man in the future, if it is your friend's family. Then you can only wait for the old man to think about the house in a hundred years?
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Parents-in-law, wife, and children all have the right to inherit.
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The family negotiates together, and the mother-in-law needs to be taken care of by everyone.
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His children should have a share, and his mother-in-law should also have a share, and of course the mother-in-law should have a house to live in!
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Then let the mother-in-law live with some children first, or the children's, her husband is dead, and the mother-in-law should also have a part of the property, right? Tell him to live first, the old man should still have the obligation of being kind to the old man, and if there is a division of power, then discuss it with the old man.
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Legal analysis: The daughter-in-law does not belong to the legal heirs of the parents-in-law, unless your mother-in-law makes a will to give you the house, or is a widowed son-in-law or daughter-in-law according to the laws of our country, and has fulfilled the main maintenance obligation to the parents-in-law or in-laws who live together, she can participate in the inheritance as the legal heir and can also divide more appropriately.
Legal basis: Civil Code of the People's Republic of China
Article 1127 Inheritance 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.
Article 1129:Where a widowed daughter-in-law has fulfilled the primary obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled her primary obligation to support her parents-in-law, she is to be the first-order heir.
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Summary. A house in the countryside belongs to a homestead, and even if it is inherited, what is inherited is not ownership, but the right to use. Although the homestead in the countryside is collective property, but the houses built on the homestead are the private property of the villagers, for the personal legal property, the parties themselves can designate who to inherit, if your husband at the time of death, in the will clearly stated that you inherit the house, then it belongs to your personal property, if it is not clearly stated, then your mother-in-law also has the right to inherit, of course, as a spouse, you also have the right to inherit.
I built a country house with my mother-in-law, my husband died, do I have my share in the house.
Hello, the lawyer is at your service!
Hello, the lawyer is at your service!
Rational or shooter.
Rational or shooter.
The house in the countryside belongs to the homestead, and even if it is inherited, what is inherited is not ownership, but the right to use. Although the rural homestead is collective property, but the houses built on the homestead are the private property of the villagers, for personal legal property, the parties themselves can designate who to inherit, if your husband at the time of death, in the will clearly stated that you inherit the house, then it belongs to your personal property, if it is not clearly stated, then your mother-in-law also has the right to inherit, of course, Xiangminkong, as a spouse, you also have the right to inherit.
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Daughters-in-law generally do not have the right to inherit. However, if the widowed daughter-in-law has fulfilled the main obligation of support to her in-laws, she has the right to inherit. According to the relevant laws and regulations, after the commencement of inheritance, it shall be handled in the order in which the will is superior to the statutory succession and the bequest and maintenance agreement is superior to the will.
and if the widowed daughter-in-law has fulfilled the main obligation of support to her in-laws, she shall be the heir in the first order.
1. Does the daughter-in-law have a share in the inheritance of the in-laws?
Whether the in-laws' inheritance and daughter-in-law have a share depends on the specific situation. If there is a will designating the daughter-in-law to inherit, the daughter-in-law has the right to inherit; If there is no will, it shall be inherited by the spouse, children, and parents in the first order, and the daughter-in-law shall not have the right to inherit. In addition, if it is a widowed daughter-in-law, and the daughter-in-law has fulfilled the main maintenance obligation to her father-in-law and mother-in-law, the daughter-in-law can be the first-order heir, and the daughter-in-law also has the right to inherit the in-laws' estate.
2. Can a daughter-in-law inherit the inheritance of her in-laws?
Where a widowed daughter-in-law has fulfilled the main obligation of support to her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law, she shall inherit the in-laws' estate as the first-order heir.
Article 35 of the Law on the Protection of Rights and Interests of Women also makes special provisions to explicitly protect this right of women: If a widow has fulfilled the main obligation to support her father-in-law or mother-in-law, her inheritance rights shall not be affected by the subrogation of her children as the first-order legal heir of her father-in-law and mother-in-law.
3. When the husband dies, can the wife inherit the inheritance of the father-in-law?
When a husband dies, the wife, as a daughter-in-law, generally does not have the right to inheritance. However, if the widowed daughter-in-law has fulfilled the main obligation of support to her in-laws, she has the right to inherit. According to the relevant laws and regulations, after the commencement of inheritance, it shall be handled in the order in which the will is superior to the statutory succession and the bequest and maintenance agreement is superior to the will.
and if the widowed daughter-in-law has fulfilled the main obligation of support to her in-laws, she shall be the heir in the first order.
Civil Code of the People's Republic of China
Article 1123:After the commencement of succession, it shall be handled in accordance with 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.
Article 1129:Where a widowed daughter-in-law has fulfilled the primary obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled her primary obligation to support her parents-in-law, she is to be the first-order heir.
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The property of the old man is used as an inheritance after the death of the old man, and if there is a will, at least your husband's son has the right of subrogation.
Article 10 of the Inheritance Law The inheritance of the estate shall be 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 inherit; 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.
Article 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.
Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation to support her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.
Article 13: 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.
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