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According to your account, the wife of her husband who is serving a prison sentence is different from a widowed daughter-in-law, because a widowed daughter-in-law has no right to inherit, and if she has fulfilled the main obligation of support to her in-laws, the law does not stipulate that she has the right to inherit, which is unfair to her, as for the daughter-in-law in this case who has a husband, she is not deprived of inheritance rights other than intentionally harming the decedent during her sentence, he has the right to inherit, and she can obtain property through her husband's inheritance, which is different from the situation of a widowed daughter-in-law. In my opinion, this provision should not be applied, but should be dealt with by the provision that other persons who have fulfilled the main obligation of support to the deceased shall be appropriately distributed to the estate.
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In the event of the death of the owner of the property, the estate is inherited by law without a will.
Inheritance 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. No.
If the first-order heir inherits, the second-order heir inherits.
The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent children.
of stepchildren. The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.
The term "siblings" in this Act includes siblings of the same parents, half-siblings or half-siblings.
Father's siblings, adoptive siblings, dependent step-siblings.
The principle of distribution is:
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 given the inheritance when distributing.
Take care. Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent shall be divided.
When matching the inheritance, you can divide more.
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.
According to the provisions of Article 13, the inheritance shall be divided equally among the spouses, children and parents of the decedent.
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If you fulfill your obligation to support the elderly, you can get a share of the property, not on the basis of inheritance but on the basis of dependency relationship.
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Daughters-in-law and sons-in-law are not legal heirs to their parents-in-law or parents-in-law and generally do not enjoy the right to inherit. However, if the widowed daughter-in-law has fulfilled the main obligation of support to her parents-in-law, or the widowed son-in-law has fulfilled the main obligation of support, she shall be the heir in the first order.
It is important to note that regardless of whether they remarry or not, their children can be subrogated.
Article 1129 of the Civil Code [Inheritance Rights of Widowed Daughters-in-law and Widowed Sons-in-law] Where a widowed daughter-in-law has fulfilled the main obligation of support to her parents-in-law, or a widowed son-in-law to her parents-in-law, she shall be the heir in the first order.
Who is entitled to inherit the estate.
1. Spouses enjoy the right of inheritance, mainly because spouses are the core of family members and the main creators of family property.
2. Children enjoy the right of inheritance, mainly because children are close parents and direct relatives of the younger generation, and there is the closest economic relationship between parents and children. The term "children" here includes legitimate children, illegitimate children, adopted children and dependent stepchildren.
3. Parents enjoy the right of inheritance, mainly because parents are the closest direct relatives of their children, and parents are not only the main creators of family property, but also bear the main responsibility of supporting the elderly and raising children. Parents include biological parents, adoptive parents, and dependent parents.
4. Brothers and sisters enjoy the right of inheritance mainly because of the relationship between brothers and sisters, which is the closest kinship among collateral blood relatives. The brothers and sisters mentioned here include brothers and sisters of the same parents, brothers and sisters of the same parents or half-mother, younger brothers and sisters of the adopted history, and step-brothers and sisters of the dependent relationship.
5. Grandparents and maternal grandparents enjoy the right of inheritance mainly because the grandparents and grandparents are the closest immediate relatives of the elders other than their parents. The term "grandparents" here includes biological grandparents, maternal grandparents, adoptive grandparents, adoptive grandparents, step-grandparents and step-grandparents who have a dependency relationship.
Under normal circumstances, a widowed daughter-in-law cannot be the legal heir of the in-laws' estate, but there are exceptions, if the daughter-in-law has fulfilled the main obligation of supporting her in-laws after being widowed, in this case she can also be regarded as the first-order heir, then when inheriting the estate in accordance with the statutory method, the widowed daughter-in-law can also inherit the in-laws' estate.
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Legal analysis: If the widowed daughter-in-law has fulfilled the main obligation of support to her in-laws, the daughter-in-law has the right to inherit the inheritance of her in-laws. Where a widowed daughter-in-law has fulfilled the main obligation of support to her parents-in-law, or a widowed son-in-law to her parents-in-law, she is to be the first-order heir.
The daughter-in-law, as the first-order heir, has the same inheritance rights as the spouse, children, and parents of the decedent.
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; If there is an agreement on bequest and support, it shall be handled in accordance with the agreement.
Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, father and mother; (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 children born out of wedlock, 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. Hello, generally speaking, a widowed daughter-in-law has no obligation to support her in-laws. The relationship between daughters-in-law and sons-in-law and parents-in-law is a kinship relationship that arises from the bond of marriage, which is a relationship of marriage, and there is no natural blood relationship between them, and there is no legal relationship of rights and obligations, so there is no relationship of rights and obligations between them, and there is generally no legal inheritance relationship between them.
But morally, it should be taken care of. Our law encourages widowed daughters-in-law to support their in-laws. Legal basis: According to article 1129 of the Civil Code, a widowed daughter-in-law who has fulfilled the main obligation of support to her parents-in-law or a widowed son-in-law to her parents-in-law is to be the first-order heir.
Is there an obligation to support a widowed daughter-in-law + inherit her husband's property?
Hello, generally speaking, a widowed daughter-in-law has no obligation to support her in-laws. The relationship between daughters-in-law and sons-in-law and parents-in-law is a kinship relationship that arises from the marriage relationship, which belongs to the relationship of marriage, and there is no natural blood relationship between each other, and there is no legal relationship of rights and obligations between them, so there is no relationship of rights and obligations between them to support and support, and there is generally no legal inheritance relationship between them. But morally, it should be taken care of.
My brother instructed the law to encourage widowed daughters-in-law to support their in-laws. Legal basis: According to article 1129 of the Civil Code, a widowed daughter-in-law who has fulfilled the main obligation of support to her parents-in-law or a widowed son-in-law to her parents-in-law is to be the first-order heir.
You've done a great job! Can you elaborate on that?
Hello, generally speaking, a widowed daughter-in-law has no obligation to support her in-laws. The relationship between daughters-in-law and sons-in-law and parents-in-law is a kinship relationship that arises from the marriage relationship, which belongs to the relationship of marriage, and there is no natural blood relationship between each other, and there is no legal relationship of rights and obligations between them, so there is no relationship of rights and obligations between them to support and support, and there is generally no legal inheritance relationship between them. But morally, it should be taken care of.
My brother instructed the law to encourage widowed daughters-in-law to support their in-laws. Legal basis: According to article 1129 of the Civil Code, a widowed daughter-in-law who has fulfilled the main obligation of support to her parents-in-law or a widowed son-in-law to her parents-in-law is to be the first-order heir.
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