An elderly person who has no biological children wants to sell his property before his death

According to Article 16 of the Inheritance Law, citizens may make a will to dispose of their personal property in accordance with the provisions of this Law, and may appoint an executor.

A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs.

Citizens may make a will to donate their personal property to persons other than the state, the collective, or the legal heirs.

Article 17 The notarized will shall be handled by the testator through a notary public.

The self-written will shall be written and signed by the testator, indicating the year, month and day.

A scrivener will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, indicating the year, month and day, and shall be signed by the scrivener, other witnesses and the testator.

A will made in the form of a recording shall be witnessed by two or more witnesses.

The testator may make an oral will in a critical situation. An oral will should be witnessed by two or more witnesses. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will made is invalid.

Lawyer Zhang Yi.

After the property is sold and transferred, the property ownership certificate and the property belong to the buyer, which means that the real estate bureau will not notify the seller to collect the property ownership certificate, but notify the buyer to collect it, which has nothing to do with the family members of the elderly.

If you are saying that the old man has passed away before applying for the real estate certificate, because the old man's behavior of disposing of his own property is voluntary and legal, the law should protect the rights of the buyer, and the buyer can ask the old man's heirs to assist in the transfer of the real estate.

If the old man has no legal heirs, and the old man has passed away before the real estate certificate is processed, the old man's property is owned by the state, but if the sale and purchase contract has been signed and the buyer has paid for the house, the law should still protect the buyer's rights, and the real estate bureau will assist in the transfer of the property.

For specific transfer issues, you can go to the real estate bureau for consultation and prepare materials in advance.

In this case, a gift or a will can be written.

They don't have the right to make trouble

Lawyer Xu Taoming.

If the old man has left a will, the testator will inherit it. If there is no will, the inheritance is carried out in the order prescribed by law. If the elderly have parents or spouses, they inherit the family.

If the elderly person has no children and no parents or spouse, the siblings inherit the inheritance. If the elderly have no relatives, they will be given a burial by the local grassroots village committee or neighborhood committee, and the inheritance will be inherited by the unit.

After the death of the decedent, the inheritance shall be inherited by the first-order heirs, and if there is no first-order heir, the second-order heirs shall inherit.

Article 10 of the Inheritance Law of the People's Republic of China The inheritance 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.

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.

1. Who owns the property of the elderly who have no children?

1. If the elderly have no children to inherit and have a will, if there is a bequest and maintenance agreement, it shall be handled in accordance with the bequest and maintenance agreement, if there is none, the spouse and parents can carry out legal inheritance, if not, they can be inherited by brothers and sisters, grandparents, maternal grandparents, if there are no above circumstances, it shall be owned by the state and used for public welfare. The inheritance of no one inherits must go through the announcement procedure, and if there is no heir, it can be handled as no one inherits.

2. Legal basis: Article 1123 of the Civil Code of the People's Republic of China.

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 bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

2. Is it legal for the property of the elderly to be supported by whom?

1. It is not statutory to support the property of the elderly, and it is the responsibility and obligation of each adult child to support the elderly parents, and it has nothing to do with whether they have the right to inherit the inheritance of the decedent;

2. If the parties have any objection to the distribution of the elderly's estate, they can raise it before the elderly's death;

3. If the deceased has a will before his death, the will shall prevail, and if there is no will, it shall be inherited according to the law;

4. If there is any objection to the inheritance share and the scope of the heirs, it can be resolved through negotiation or litigation.

If the elderly have no children and have not entered into a will or bequest agreement, other heirs shall be confirmed to inherit the estate, and if there are no heirs, it shall be owned by the state in accordance with relevant laws and regulations and used for public welfare; If the elderly person was a member of a collective ownership organization during his lifetime, it shall be owned by the collective ownership organization to which he belongs.

The heirs under the law are:

First-order heirs include spouses, children, parents, widowed daughters-in-law or sons-in-law who have fulfilled their primary maintenance obligations; Second-order heirs include siblings, grandparents, and maternal grandparents; Subrogation. In the case where the elderly have no children and the elderly have not made a will or bequest agreement for their estate, the heirs shall be determined within the scope of the aforesaid heirs.

If the elderly have no heirs, they shall be owned by the state in accordance with relevant laws and regulations and used for public welfare; If the elderly person was a member of a collective ownership organization during his lifetime, it shall be owned by the collective ownership organization to which he belongs.

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

Article 1127 The 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.

Article 1128:Where the children of the decedent die before the decedent, the blood relatives of the children of the decedent are to inherit by subrogation.

If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation.

Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.

Article 1129:Where a widowed daughter-in-law has fulfilled the primary obligation to support 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.

Article 1160:Inheritance that is not inherited and bequeathed to no one is owned by the State and used for public welfare; Where the deceased was a member of a collective-owned organization during his lifetime, it is owned by the collective-owned organization to which he belonged.

If the elderly have no children to inherit and have a will, it shall be handled in accordance with the will, if there is a bequest and maintenance agreement, it shall be handled in accordance with the bequest and maintenance agreement, if there is none, the spouse and parents can carry out legal inheritance, if not, it can be inherited by siblings, grandparents, maternal grandparents, and if there is no above situation, it shall be owned by the state and used for public welfare. According to Article 1123 of the Civil Code of the People's Republic of China, after the commencement of inheritance, it shall be handled in accordance with statutory inheritance; 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 stipulates that the inheritance shall be in the following order:

1) First order: spouse, children, parents; (2) The second order of the annihilation of the son: siblings, grandparents, maternal grandparents.

Article 1123 of the Civil Code of the People's Republic of China stipulates that 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 1127 of the Civil Code of the People's Republic of China The inheritance of inheritance shall be in the following order: Sanwang (1) First order:

spouse, children, parents; 2) Second order: siblings, grandparents, maternal grandparents.

Legal analysis: if the elderly have no children to inherit and have a will, it shall be handled in accordance with the will, if there is a bequest and maintenance agreement, it shall be handled in accordance with the bequest and maintenance agreement, if there is none, the spouse and parents can carry out legal inheritance, if not, it can be inherited by brothers and sisters, grandparents, and maternal grandparents, and if there is no above situation, it shall be owned by the state and used for public welfare.

Legal basis: Article 1160 of the Civil Code of the People's Republic of China An inheritance that has not been inherited or bequeathed shall be owned by the State and used for public welfare; Where the deceased was a member of a collective-owned organization during his lifetime, it is owned by the collective-owned organization to which he belonged.

Lawyer analysis: the elderly have no children to inherit in accordance with the will, if there is a bequest and maintenance agreement, it shall be handled in accordance with the bequest and maintenance agreement, if there is none, the spouse and parents can carry out legal inheritance, if not, it can be inherited by siblings, grandparents, maternal grandparents, if there is no above situation, it shall be owned by the state and used for public welfare.

Legal basis]:

Article 1160 of the Civil Code of the People's Republic of China The inheritance of no one inherits and no one has been bequeathed shall be owned by the state and used for public welfare; Where the deceased was a member of the collective ownership organization before his death, it is owned by the collective ownership organization.