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Anonymous users2024-02-11The first heir has the right of first inheritance, the first heir has parents, children, and the second heir has sisters and brothers, if there is a will, it will be distributed according to the will, if not, it should be in the order of inheritance, the first heir will distribute the inheritance equally, and if there is no first heir, it will be inherited by the second heir.
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Anonymous users2024-02-10Inheritance methods: testamentary succession, bequest, bequest maintenance agreement, statutory inheritance.
After the commencement of inheritance, if there is a will in accordance with the statutory inheritance, it shall be handled in accordance with the testamentary inheritance or bequest; If there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
After the death of the decedent, if he made a will during his lifetime, or if he had signed a bequest and maintenance agreement with a social organization or individual, the estate shall be disposed of in accordance with the contents of the will or bequest and maintenance agreement. If there is no will or agreement, it will be treated as legal inheritance.
The estate shall be the property of the deceased who belonged to the individual during his lifetime. Some properties are co-owned, such as the common co-ownership between husband and wife, and when one of the spouses dies, not all of the property becomes an inheritance. In this case, the property rights of the property should be divided first, and the share belonging to the spouse of the deceased (unless agreed, half of the share of the real estate should generally be divided) should be divided, and then the inheritance should be carried out.
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Anonymous users2024-02-09According to the first heir, the second heir ......Results.
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Anonymous users2024-02-08Legal analysis: Inheritance in accordance with China's Civil Code is sufficient. After the death of an old man, half of the property of the old man and his spouse must first be separated as the property of the old man.
If the elderly person and his or her spouse personally own property in their common life, they should be half of the common property. plus the personal property of the elderly person as an inheritance). After the death of the elderly, if the elderly person has a legal will, the estate should be considered a will.
If there is no will, the inheritance will be divided according to legal succession.
Legal basis: Article 1127 of the Civil Code of the People's Republic of China? The estate is 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 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.
The key to understanding this is to first figure out which part of the heritage is the inheritance. >>>More
1. Spouses, parents, children, widowed daughters-in-law or widowed sons-in-law who have fulfilled their main maintenance obligations, adopted children named adopted grandchildren, subrogated heirs, and fetuses; >>>More
It came out at once.
For details, please contact ** or QQ. >>>More
To go to the notary office where the inherited property is located to handle the notarization of real estate inheritance, the applicant shall provide the following information: (1) the death certificate of the decedent (such as the death notice of the hospital, the ashes certificate, the cremation certificate, etc.), the ID card, the household registration book (cancellation of household registration), etc.; (2) Proof of property left by the deceased, such as real estate certificate, deposit certificate, etc. If the estate is in Hong Kong, an inventory of the estate issued by the Estate Duty Office of Hong Kong must be provided; (3) The heir's ID card, household registration booklet, marriage certificate; (4) Proof of kinship; (5) If the heir is unable to go to the notary office in person due to special circumstances, a notarized power of attorney must be provided. >>>More
Hello. It should be filed, but the court will mediate, and if it fails, it can only be sued separately! This is in order to protect the litigation rights and interests of the parties, China implements the second-instance final trial system, if the second-instance judgment is made, then there is no "second-instance trial", if it is raised in the first instance, those who are dissatisfied will be appealed, and the second-instance trial will not be able to appeal, that is, the final trial!