Question about inheritance, what is the right to claim inheritance?

The law on the upper floor only speaks of the general situation, the deceased's own son16, the daughter of the former wife, the current wife and one of her sons and daughters have the right of inheritance.

The loss of inheritance is governed by the following laws:

Article 7 of the Inheritance Law of the People's Republic of China If the heir commits any of the following acts, he shall lose the right of inheritance:

1) Intentionally killing the decedent;

2) Killing other heirs for the purpose of competing for an inheritance;

3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

4) Forging, altering, or destroying a will, where the circumstances are serious.

Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China

10 Whether the circumstances of the heir's abuse of the decedent are serious can be determined from the time, means, consequences, and social impact of the abuse.

If the abuse of the decedent is serious, the loss of inheritance rights may be confirmed regardless of whether criminal responsibility is pursued or not. "

If the heir has the ability to support the decedent, but fails to support or refuses to support the decedent, it can be regarded as abandonment.

Unless there is evidence that the current wife has abused or abandoned the deceased, her inheritance qualification will be revoked. However, their children still have the right to inheritance.

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 30: Where one of the spouses remarries after the death of the other spouse, they have the right to dispose of the inherited property, and no one may interfere with it.

Provisions on the right to claim for inheritance restoration: Only when the infringement actually occurs or after the occurrence of the victim's ** can file a claim for inheritance restoration. The right to claim for restoration of inheritance refers to litigation activities aimed at restoring the property rights of the decedent who are legally inherited.

[Legal basis].Article 1122 of the Civil Code.

An inheritance is a personal legal property left behind by a natural person at the time of his or her death.

An inheritance that cannot be inherited in accordance with the provisions of law or by its nature shall not be inherited.

Article 1152.

After the commencement of inheritance, if the heir dies before the division of the estate and does not renounce the inheritance, the inheritance that the heir should inherit shall be transferred to his heir, unless otherwise arranged in the will.

Brothers and sisters are second-order heirs, and Zen Xiao should not have first-order heirs according to your statement, and there is no will.

The crux of the matter is whether the adoptive relationship is established and effective, since a valid adoption creates a fictitious parent-child relationship, the parent-child relationship is used between the adoptive parents and the adoptive child, and the relationship between the biological parents and the adoptee is eliminated. Article 22, paragraph 2 of the current Adoption Law: "The relationship of rights and obligations between an adopted child and his or her biological parents and other close relatives shall be extinguished by the establishment of an adoption relationship.

At this point, you need to consider the time of giving it to others. I have said that the current Adoption Law came into force on April 1, 1992, and the current Adoption Law stipulates that one of the formal requirements for the establishment of an adoption is that the state file must be registered with the civil affairs department at or above the county level, otherwise the adoption relationship cannot be established. However, although the Adoption Law does not explicitly stipulate how to deal with the de facto adoption relationship formed before April 1, 92 due to the failure to go through the registration formalities, the judicial interpretation is recognized (Article 28 of the Opinions on Several Issues Concerning the Implementation of Civil Policy and Law issued by the Supreme People's Court in 1984

Where it is recognized by relatives, friends, or the public, or the relevant organization certificate clearly states that the adoptive parents and the adoptive children have lived together for a long time, they should be treated as an adoptive relationship, even if they have not gone through the legal formalities. If the above time and other substantive conditions are met, the adoptive relationship is established. Once the adoption relationship is established, a fictitious parent-child relationship can be created between the adopter and the adoptee, and the relationship with the biological parents and their close relatives will be dissolved, and the younger brother who has been sent away at this time, according to you, cannot inherit.

On the other hand, if the above conditions are not met, the person has the right to inherit, so the relationship between the so-called "adoptee" and his or her close relatives cannot be dissolved if the adoption relationship is not established at that time.

However, even so, I think that in the distribution of the estate, the court may have the discretion to give less to the younger brother who was "adopted", because he lived with his deceased sister for little or no time at all.

It refers to the qualification of citizens to accept the inheritance of the deceased in accordance with the provisions of the law or the designation of the will before the inheritance begins, that is, the right and ability of the heir to inherit the inheritance. (2) The right of inheritance in the subjective sense of the clear sky. It refers to the de facto property rights that the heirs already have over the inheritance left by the blind person who is inspired by the inheritance when the legal conditions are met, that is, the inheritance rights that already belong to the heir and bring him actual property benefits.

This kind of inheritance right is related to the subjective will of the heir, and can not only be accepted, exercised, but also waived, and is an inheritance right with a realistic property right. The realization of the right of inheritance begins when the decedent dies or is declared dead.

See Encyclopedia for details.

If it has become someone else's adopted son, no. Article 23 of the Adoption Act stipulates that "the relationship between an adopted child and his biological father and other close relatives shall be extinguished by the establishment of an adoption relationship".

With this right, in fact the relationship of blood does not change in name.

Yes, he has the right of inheritance.

It is possible to inherit the inheritance of the widowed and widowed.

Because Fang Ren does not meet the conditions for the loss of inheritance rights in China's "Inheritance Law":

Article 7 The heirs shall lose the right of inheritance if they have any of the following acts:

1) Intentionally killing the decedent;

2) Killing other heirs for the purpose of competing for an inheritance;

3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

4) Forging, altering, or destroying a will, where the circumstances are serious.

1. First of all, it is necessary to distinguish between the joint property and personal property of the husband and wife, the joint debts of the husband and wife and the personal debts. After that, the joint property of the husband and wife is used to settle the joint debts of the husband and wife, or the personal property is used to pay off the personal debts.

2. After the debts of the estate are settled, the remaining part shall be divided equally between the daughter born to him and his ex-wife, his second wife, and his parents.

3. Heirs who lack the ability to work and have no income who have special difficulties in life shall be taken care of when distributing the inheritance.

4. The divorce agreement specifies that the husband does not have all the maintenance obligations after the divorce is invalid, because it violates the principles of the Marriage Law.

Yes, according to the law, the daughter has the right to demand the division of the general estate.

The second wife took half first.

The remaining half is divided equally between the daughter of the former wife, the second wife and her children, and the parents of the deceased.

First of all, your friend's premarital property is his inheritance, and half of the joint property after marriage is also his inheritance. His estate is inherited by first-order heirs, including his parents, spouse, and children. In principle, the heirs inherit an equal share of the estate.

The daughter, as his legal heir, certainly has the right to participate in the inheritance. The fact that the divorce agreement states that the husband is not responsible for all maintenance obligations after the divorce is also invalid because it violates the principles of the Marriage Act. The man's estate can be distributed by the daughter and his remarried wife and your friend's parents.

The daughter has the right to inherit, but not generally, and the second wife of the joint marriage is divided first, and then the inheritance, which is inherited by the heirs, if he has other children who are also one of the heirs. As for the debt, it is first exchanged by the inherited property, and if the property is gone, there is naturally no matter of inheritance, and the debt is repaid and then divided.

Adopted daughters have the same inheritance rights as biological children.

According to your information, after the death of your girlfriend's grandfather, the house has been attributed to your girlfriend's father, and both your girlfriend and her grandmother have the right to inherit, while her father's brother cannot inherit (parents, children, spouse are the first in line of succession, siblings are the second, only the first one has no one or all give up before it is the turn of the second order) That is to say, your girlfriend gets 1 2, her grandmother gets 1 2, and after the grandmother dies, your girlfriend subrogates (her father) and her father's siblings to inherit her grandmother's estate, i.e. 1 n (n = the total number of her + her father's siblings) so your girlfriend's share is 1 2 + 1 n of the property of the house without 100% ownership.

1. Your girlfriend's father dies, and your girlfriend's mother, siblings, and grandmother all have the right to inherit;

2. If your girlfriend's grandmother dies, the other children have the right to inherit.

1. Yes. And is the first order.

2. Yes.

If the father dies before the grandmother, it can be inherited, that is, the grandmother's heir can inherit again.

The father's first-in-line heirs are children, spouses, parents.

If your grandmother inherits and dies, her heirs can inherit it, that is, her first children, spouse, and parents.

1. First of all, look at the "Demolition Compensation and Resettlement Agreement" signed between your grandmother and the demolition unit, in which the compensation method and compensation amount, the area of the resettlement house and the resettlement location, the relocation period, the relocation transition method and the transition period have been clearly agreed. If there is a clear agreement on the resettlement site, your grandmother is only temporarily attached, and your family's house belongs only to your family (just according to common sense), after your grandmother's death, other relatives have no right to divide your family's property (it is best to have this confirmed by your uncles and aunts, and divide it with the resettlement house that your grandmother will obtain as an inheritance).

a) the income of citizens; 2) Citizens' houses, savings and daily necessities; 3) Citizens' forests, livestock, and poultry; 4) Citizens' cultural relics, library materials; 5) the means of production that are permitted by law to be owned by citizens; 6) Property rights in citizens' copyrights and patent rights; 7) Other lawful property of citizens. Because the property is divided among your mothers and not your grandmother's estate, they have no right to divide it.

Personal opinion, for reference only.

If the house is your grandmother's property, the uncles and aunts have the right to divide it, if not, they don't.

Hello. First, your family's house cannot be your grandmother's inheritance. The reason is that the inheritance is not necessarily related to the household registration, and the ownership of your house belongs to your family, not your grandmother.

Second, others do not have the right to share the money for the demolition of your home. The reason is that only the owner of the house is entitled to the demolition money, and no one else is the owner of the house.

Hello! No right, rest assured. --Shaanxi Qiang Law Firm, Blum Plaza, Xiaozhai East Road, Xi'an City.