How many years after the husband s death the wife s inheritance rights lapses

It is not true to say that the wife's inheritance lapses after the death of the husband. As long as the mother is alive, the inheritance does not lapse.

Article 9 of the Inheritance Law provides that the right of inheritance is equal between men and women.

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. 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.

Article 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs.

Article 15 The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

As long as there is no refusal of inheritance, the right of inheritance is permanent.

According to the provisions of the inheritance law, inheritance begins at the time of the death of the decedent; After the commencement of the inheritance, if the heirs do not express it, it is deemed to have accepted the inheritance.

Article 8 of the Inheritance Law of the People's Republic of China stipulates that the period for initiating litigation in inheritance disputes shall be two years, calculated from the time when the heirs know or should know that their rights have been infringed. However, if more than 20 years have elapsed since the commencement of the succession, no further proceedings may be filed.

The Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China stipulate that the statute of limitations for inheritance shall be enforced in accordance with the provisions of the Inheritance Law. However, if the heir does not expressly renounce the inheritance after the inheritance has begun, it shall be deemed to have accepted the inheritance. If the estate is not divided, it is.

The suspension, interruption and extension of the statute of limitations shall be governed by the relevant provisions of the General Principles of the Civil Law.

The limitation period for inheritance rights shall be calculated from the date on which the heirs become aware that their rights have been infringed. This means that once the heir knows that his rights have been violated, he can request the people's court to protect them, and he must exercise them within two years from the date of knowing that his rights have been violated, otherwise he will lose the protection of the law.

However, the two-year statute of limitations may be suspended, interrupted or extended in the event of a statutory cause. The so-called suspension of the statute of limitations refers to the suspension of the statute of limitations due to the occurrence of certain facts (such as the occurrence of war, large-scale natural disasters, the administrator of the estate has not yet been determined, etc.), and the limitation period continues to run together with the period before the suspension from the date on which the reason for the suspension is extinguished. However, the statutory cause for the suspension of the statute of limitations must occur in the last 6 months of the limitation period, if the suspension of the statute of limitations does not occur if it occurs before.

The so-called interruption of litigation refers to the occurrence of a specific cause within the limitation period, resulting in the invalidity of all the statute of limitations periods that have been carried out, and the statute of limitations is recalculated after the end of the statutory cause, and the most common interruption of the statute of limitations is that the heir files a lawsuit in the people's court due to inheritance disputes. The so-called extension of the statute of limitations refers to the extension of the statute of limitations when the heir submits a request to the people's court for legitimate reasons after the expiration of the statute of limitations, and the court finds that there is indeed a legitimate reason after examination, the statute of limitations may be extended.

Legal analysis: According to the relevant laws and regulations of our country, during the existence of the marital relationship between the husband and wife, if the husband dies, all the estate in the husband's name can be inherited according to the will if there is a will; In the absence of a will, the wife can inherit the husband's premarital property as the first-order heir in accordance with the provisions of the Civil Code of China. The husband's pre-marital property is personal property, and it becomes an inheritance after his death.

According to article 1127 of the Civil Code, the children and parents of the wife and husband are jointly entitled to inheritance rights as first-order heirs. Thus, the wife is entitled to inherit her husband's pre-marital property. Article 1123 of China's Civil Code stipulates that "after the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or the first bequest.

That is, if the husband made a will during his lifetime, and the husband distributed the estate to his wife in the will, then the wife will have a share. If the husband expressly divides the estate to his children or other persons in his will, then the wife cannot inherit the husband's property and has no share.

Legal basis: "Civil Code of the People's Republic of China" Article 24: Interested parties or relevant organizations of adults who are unable to recognize or cannot fully recognize their own conduct may apply to the people's courts to designate that the adult is a person with no or limited capacity for civil conduct. Where a people's court designates a person with no or limited capacity for civil conduct, upon application by the person, an interested party, or a relevant organization, the people's court may find that the adult has been restored to a person with limited or full capacity for civil conduct on the basis of the state of his intellectual or mental recovery.

The relevant organizations provided for in this article include: residents' committees, villagers' committees, schools, medical institutions, women's federations, disabled persons' federations, lawfully established organizations for the elderly, civil affairs departments, and so forth.

Summary. If the husband dies, the inheritance is inherited by the son or the wife, and the wife cannot inherit the house independently after the death of the husband. However, the wife can inherit half of the joint property of the husband and wife.

The heirs then divide the husband's estate equally among the heirs in first order. (wife, children, parents). 2.

The mother cannot repossess her house, she can only inherit a part of the estate that belongs to her. 3.If the house is repossessed to the daughter, it is a violation of the (inheritance law) wife can claim her legal rights through the court.

When the husband dies, the inheritance is inherited by the son or the wife.

If the husband dies, the inheritance is inherited by the son or the wife, and the wife cannot inherit the house independently after the death of the husband. However, the wife can inherit half of the joint property of the husband and wife. The heirs then divide the husband's estate equally among the heirs in first order.

(wife, children, parents). 2.The mother cannot repossess her house, she can only inherit a part of the estate that belongs to her.

3.If the house is repossessed to the daughter, it is a violation of the (inheritance law) wife can claim her legal rights through the court.

Legal basis: Article 1126 of the Civil Code of the People's Republic of China provides that men and women are equal in inheritance rights. Article 1127 Inheritance shall be 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.

Is the son and wife divided the deceased's estate equally among one person and half?

Yes dear. If the husband dies, the inheritance is inherited by the son or the wife, and the wife cannot inherit the house independently after the death of the husband. However, the wife can inherit half of the joint property of the husband and wife.

The heirs then divide the husband's estate equally among the heirs in first order. (wife, children, parents). 2.

The mother cannot repossess her house, she can only inherit a part of the estate that belongs to her. 3.If the house is repossessed to the daughter, it is a violation of the (inheritance law) wife can claim her legal rights through the court.

Legal analysis: 1. The pre-marital property belongs to the personal property of the spouse, and if there is a divorce, the property does not belong to the joint property of both parties and does not participate in the division of the joint property of both parties; However, if the spouse dies, the other spouse is the first heir and has full inheritance rights. 2. Although the house is before marriage, the property belongs to the inheritance after the husband's death, and the wife has the right to inherit the husband's estate, which can be inherited, unless the husband has a will before his death and clearly does not give it to his wife.

Legal basis: Civil Code of the People's Republic of China

Article 1122 An inheritance is the personal lawful property left behind by a natural person at the time of his death. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Article 1120 The inheritance shall be 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 to inherit, the second-order heir shall inherit it.