How to divide a person s inheritance after his death, his parents and children are there, and he him

Updated on society 2024-05-24
11 answers
  1. Anonymous users2024-02-11

    According to the laws of our country, the legal heirs in the first order of the decedent include spouse, children, and parents.

    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.

  2. Anonymous users2024-02-10

    The first thing to determine is whether it is his legacy. If yes, the principle is to distribute equally, but there are exceptions.

  3. Anonymous users2024-02-09

    If his parents have not made other wills and bequests, and the couple does not have in-laws, the child is the first in line of inheritance according to the legal inheritance, and all the property belongs to him.

  4. Anonymous users2024-02-08

    No, the child's siblings are in the first order of succession, and his grandparents are in the second order of succession.

  5. Anonymous users2024-02-07

    If it is an accidental death, it should be, and if the parents have made a will, it will not matter (for example, Bill Gates's will will be vested in the state after his death). Wait, ask this kind of question, you don't want to kill yourself, do you? (Just kidding, don't take it seriously).

  6. Anonymous users2024-02-06

    The child is the first heir, and the parents of the child's parents are the heir.

  7. Anonymous users2024-02-05

    Yes, in addition, the child's grandparents and grandparents also have a share.

  8. Anonymous users2024-02-04

    It depends on whether his parents have other first-order heirs, such as parents or something, and if so, they must also be divided.

  9. Anonymous users2024-02-03

    The children's grandparents, grandparents, and grandparents are all first-order heirs.

  10. Anonymous users2024-02-02

    No, you can inherit your parents' affairs at the age of sixteen.

  11. Anonymous users2024-02-01

    As long as it is an inheritance, you can definitely ask for a division.

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