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Theory Hill wives and children have no inheritance rights.
After the death of the husband, the first order of inheritance of the husband's property: spouse, children, parents.
But if the house is owned by your husband's father, you have no right to inherit. (Unless your husband's father passes away, you may be able to inherit a portion of it.)
Heritage Law of the People's Republic of China:
Article 10 The 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. There is no first-order heir succession.
inherited, inherited by the heirs in the second order.
The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.
The parents referred to in this Act include 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, and adopters.
Siblings, dependent step-siblings.
Article 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to be directly related by blood.
Bit inheritance. 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 a primary obligation to support her father-in-law or mother-in-law, or a widowed son-in-law has fulfilled her primary obligation to support her father-in-law or mother-in-law.
First in line heirs.
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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The main thing is to see if the house is paid monthly or renovated by your husband and you. If you say that this house was completely bought by your father, you and your husband did not spend a penny, and the decoration fee was also paid by his father, but only gave you a right of residence, you have no way to inherit it. If you and your husband have invested in this house, and his father only paid the down payment, and your husband paid the final payment, then you definitely have the right to inherit, but only part of it.
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If the house is in his father's name, then according to the law, his father is the legal heir, and the wife and children have no right to inherit, and if the house is not determined to be his father's, then the first heir should be his children.
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The key is whether his father has donated the property, and if it is a gifted property, the wife and children have the right to continue.
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When his father died, his wife and children could inherit his share of the property.
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Don't worry, no grandfather will fight with his grandson for property.
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Legal analysis: The house is the name of the husband, and the wife can inherit it after the husband dies. Because writing the husband's name is the husband's property, the wife can of course inherit the husband's estate as the first-order heir.
If the house is joint property, the wife inherits the remaining portion of the husband's estate after taking her own portion.
Legal basis: Civil Code of the People's Republic of China
Article 1123: 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.
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. 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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Summary. Pro, as long as there is no will to clarify who will inherit. All his heirs are entitled to inherit his estate, which has nothing to do with whether his son has a house or not.
Pro, as long as there is no will to clarify who will inherit. All his heirs are entitled to inherit his estate, which has nothing to do with whether his son has a house or not.
If the man writes a will before his death and leaves the entire estate to you or someone else, the estate will be executed according to the will. If there is no will, all his heirs are entitled to inheritance.
Article 1127 of the Civil Code The inheritance of inheritance shall be in the following order: (1) the first order: spouse, children, parents; (2) Second order:
Siblings, grandparents, maternal grandfather and mother. After the inheritance begins, it will be inherited by the first-order heirs, and the second-order heirs of Yinzhao will not inherit; If there is no first-order heir, the second-order heir shall inherit.
As for how the inheritance is inherited, there can be negotiation between the heirs!
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Summary. Hello <>
After the death of the current husband, his son is a relative who has the right to inherit the house. According to China's Inheritance Law, if the spouse is in the current marriage, even if there is no inheritance agreement, a part of the property can be inherited by will. But if the husband has passed away, his children can inherit his house, that is, if the husband does not leave a will, then his house will be divided equally among his children, and the husband's son will also have the right to inherit his house.
Does the current husband have the right to inherit the house after his death?
You are so <>
After the death of the current husband, his son is a relative who has the right to inherit the house. According to China's Inheritance Law, if the spouse is in the current marriage, even if there is no inheritance agreement, he or she can inherit a part of the property through a will. But if the husband has passed away, his children can inherit his house, that is, if the husband does not leave a will, then his house will be divided among his children, and the husband's son will also have the right to inherit his house.
According to Article 16 of the Inheritance Law, if there is no valid inheritance agreement during the marriage relationship, the spouse has the right of priority and may inherit in accordance with the legal order of succession. However, in a marriage, if the other spouse is not a legal heir, then the estate will be distributed to the other spouse's legal heirs, not the spouse. If the husband has passed away, his property will be inherited in accordance with the provisions of the Inheritance Law, and in the absence of a testamentary instruction, he will inherit his immediate family members first, including children, parents, etc., then the elders and his heirs, and finally other relatives.
So, the husband's son, as his immediate family, has the right to inherit his house. <>
Dear, is there anything else you don't understand? You can tell me more about your situation and I will answer <> for you
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