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You can refuse to inherit your mother's inheritance, but many times you will regret this decision when you are not sensible and become a director.
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Your mother's inheritance, you don't want to inherit, of course you can give it up, this is your right, and others have no right to interfere.
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The word of truth is that you can refuse this inheritance of your parents, this is your right, it should be better, it is a better root.
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Of course, this situation is okay, as long as you don't need to inherit, then just declare that you give up your inheritance rights.
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Of course, you can refuse to inherit your mother's inheritance, so in this case, your mother can choose to donate it.
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The mother's estate can be refused to inherit, and it can be given to others in the form of gifts.
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Hello is okay, as long as it is his inheritance, if she is left to you, then you uh have the right to accept, or to refuse, it is all handled by your will.
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My mother's inheritance, can I refuse to inherit it, then I think it's perfectly okay if you refuse.
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Of course, it is possible to refuse the inheritance, which is a right of yours, so it is possible to do without this kind of property.
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The inheritance can be refused.
If the heir refuses to inherit the estate, he shall make a written expression of renunciation of the inheritance before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.
The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.
1. Is there a time limit for bequests?
There is a time limit for accepting a bequest. If the legatee does not express his acceptance of the bequest within the statutory time, his inheritance rights are no longer protected by law; If the heir of the estate knows or should know that his inheritance rights have been infringed and does not file a lawsuit within the statutory period, he loses the right to file a lawsuit for protection from the court. According to Article 1124 of the Civil Code implemented in 2021, if the heir renounces the inheritance after the inheritance begins, he or she shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.
The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.
2. It's okay to give up your inheritance at any time.
Renunciation of inheritance is not always possible. After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance. The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.
3. Is there a time limit for legal succession?
There is no time limit for legal succession, and the heirs have the right to demand distribution in accordance with the law after the inheritance has commenced and before the distribution of the estate has been completed.
However, if the statutory time limit is exceeded, the parties can no longer handle the inheritance dispute by going to the court to litigate, and can only negotiate and deal with it on their own.
If the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.
The legatee shall, within 60 days after knowing the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.
Article 1124 of the Civil Code provides that if the heir renounces the inheritance after the commencement of the inheritance, he shall make a written expression of renunciation of the inheritance before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.
The legatee shall, within 60 days after knowing that he has received the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.
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Legal Analysis: Of course, the heirs can refuse to inherit the estate. However, before the disposal of the estate, it shall make an expression of renunciation of inheritance, and if it does not do so, it shall be deemed to accept the inheritance. The right of inheritance refers to the right of the heir to obtain the inheritance of the deceased in accordance with the law, and the right holder can give it up.
Legal basis: Article 1124 of the Civil Code of the People's Republic of China If the heir renounces the inheritance after the inheritance begins, he shall make a written expression of renunciation of the inheritance before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance. The legatee shall, within 60 days after knowing that he has received the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.
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The following procedures are required for the notarization of inheritance:
1. Fill in the "Notarization Application Form" According to your application requirements, fill in the corresponding "Notarization Application Form" with a pen.
2. Submit supporting materials.
1. The legal heir shall submit the original ID card and household registration book to the notary office in person. If the heir renounces the inheritance, the heir shall go to the notary office in person to apply for the "Notarial Certificate of Declaration of Renunciation of Inheritance Rights" or submit the original "Notarial Certificate of Declaration of Renunciation of Inheritance Rights" from the notary office of the place of residence.
2. The original copy of the "Death Household Registration Cancellation Form" shall be issued at the public security police station where the deceased (deceased) is registered.
3. If the estate is a house, the original "House Ownership Certificate" and "State-owned Land Use Certificate" should be submitted.
4. Proof of relatives. The certificate of kinship is composed of the spouse, children and parents of the decedent, and can be issued by the public security police station where the decedent's household registration is located, or issued by the village (resident) committee and signed by the township (town) people** "The above circumstances are true" and affixed with a seal (original).
3. When the notary public's review materials and all the supporting materials of the "Notarization Application Form" are complete, you can submit the supporting materials and relevant applications** to the undertaker notary, and the undertaker notary will accept them. After reviewing the "Notarization Application Form" and the materials submitted, the undertaker will issue you a "Notice of Acceptance", and you will use the "Notice of Acceptance" to carry out matters related to case filing, numbering, payment, copying of supporting materials, etc. Don't forget your notary fee invoice.
4. Collect the notarial certificate of inheritance of the inherited shirt propertyWithin the specified time, you can bring your identity certificate and notary fee invoice to our office to collect the completed notarial certificate. After the above steps are completed, the inheritance can be notarized. Article 25 of the "Notarization Law of the People's Republic of China" A natural person, legal person or other organization may apply for notarization to a notary public at the place of residence, habitual residence, place of conduct or place where the facts occurred.
The provisions of the preceding paragraph may apply to the notary public at the place where the immovable property is located to apply to the notary public for the notarization of entrustment, declaration, gift, or will involving immovable property. Article 26 of the "Notarization Law of the People's Republic of China" provides that natural persons, legal persons or other organizations may entrust others to handle notarization, except where wills, survival, adoption relationships, etc., shall be notarized by themselves.
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Legal analysis: Whether the stepmother's estate can be inherited or not depends on whether the two parties have formed a maintenance relationship. The Civil Code stipulates that the provisions of this Law on the relationship between parents and children shall apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him.
That is to say, if a relationship of support is formed between a stepchild and a stepparent, the stepparent and stepchild belong to the legal fictitious blood and have the same rights and obligations as the parent and child of natural blood relatives. Stepchildren have the right to inherit the stepparent's estate.
Legal basis: Article 1127 of the Civil Law of the People's Republic of China The inheritance shall be inherited in the following order: (1) The first order:
spouse, children, parents; (2) Second order: after the succession of siblings, grandparents, and maternal grandparents begins, the first order is used; The heirs inherit, and the second-order heirs do not inherit; 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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