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When the man dies, the woman has a certain right to inherit the property, and your mother can get it when she remarries, and this cannot be called coming back to fight with the grandson for the inheritance, change your point of view, and negotiate a good settlement.
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Why not? Your father died, and you left you half of your mother's, and instead of coming back to steam it for you, you should have given half of it to your mother.
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Where is the truth? For more than 40 years, I still came to fight with my grandson, can I still ask for the property of a child who does not raise a child? This is a mother who has no morality at all, and there is originally a way to help the children. I also want to give my grandson real property.
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This is not possible because there were no objections to the inheritance and related issues at the time of the death of the spouse, and forty years have passed since the marriage, which is clearly past the prosecution period.
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No, if you get married, you won't be considered in your father's family.
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If the mother is divorced and remarried, she is no longer a member of the family, she is not eligible to inherit the estate.
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You mean parents divorced for 40 years? In this case, she is no longer the heir, and unless your father left a will to give her the inheritance, he cannot fight with you for the inheritance.
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Why not? That's for my mother's sake! 100 years!
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Legal Analysis: A married daughter can inherit her parents' estate. According to our law, inheritance rights are equal between men and women.
In other words, children have equal inheritance rights to their parents' estate. Regardless of whether the cong stall is a son or a daughter, whether the daughter is married or unmarried, she has equal rights when inheriting her parents' estate. In addition, when a daughter marries, the dowry or dowry given to the daughter by the parents is a gift, and the scattering cannot offset her inheritance share of the parents' estate.
Legal basis: Civil Code of the People's Republic of China
Article 1126:Men and women are equal in inheritance rights.
Article 1127 Inheritance shall be 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 to inherit, the second-order heir shall inherit Zheng Hu.
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Legal analysis: It depends on whether the married daughter has the right to inherit. 1. If there is a will, testamentary inheritance shall occur in accordance with the will.
2. If there is no will, legal inheritance occurs, and the legal inheritance is equal between men and women, and the daughter is the first heir, and the inheritance right is not deprived of whether she is married, unless the daughter commits a criminal act and does not repent, she is deprived of the right of inheritance.
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; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 1126:Men and women are equal in inheritance rights.
Article 1127 Inheritance shall be inherited in the following order:
1) The first order of ascension: spouse, children, parents;
2) Second order: siblings, grandparents, maternal grandparents.
After the beginning of the inheritance with the recitation, it will be inherited by the first-order heirs, and the second-order heirs will 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.
Article 1133: Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may designate a person who will execute and shout pedestrians. A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs. A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.
A natural person may establish a testamentary trust in accordance with the law.
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When her parents die and her daughter who has been married for many years, does she have the right to inherit the inheritance?
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1. Parents enjoy the legal right of inheritance;
2. Article 10 of the Inheritance Law [Scope of Heirs and Order of Inheritance] The inheritance shall be inherited 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 inherit; 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.
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Ask what parents are involved in inheriting their daughter's estate.
What inheritance can parents inherit from their deceased daughter?
Just walked away, just saw.
What part are you wondering about?
Ask what your daughter's inheritance is.
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.
Okay questions, thank you for the answers, and goodbye!
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Yes, but the first heir is the spouse, the second child, the parents.
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Summary. From the information you explained, according to the provisions of Article 1127 of the Civil Code, the inheritance of the estate shall be in the following order: (1) First order:
spouse, children, parents; 2) Second order: siblings, grandparents, maternal grandparents. Therefore, from the beginning of the inheritance, the first-order heirs will inherit, and the second-order heirs will not inherit; If there is no first-order heir, the second-order heir shall inherit.
For the purposes of this provision, the term "children" includes legitimate children, illegitimate children, adopted children and dependent stepchildren. For the purposes of this provision, parents include biological parents, adoptive parents and dependent stepparents. For the purposes of this provision, the term "siblings" includes siblings of the same parents, half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
With regard to the statute of limitations for inheritance, according to the relevant laws and regulations, the statute of limitations period for a party to request the people's court for protection of civil rights due to a civil dispute such as inheritance is three years. In addition, the limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. So in this case, you only need to inherit the share according to the legal inheritance.
My father has passed away for many years, leaving behind a house, can the married daughter have the right to inherit it?
Hello, I am a legal consulting lawyer of the platform, I am reading your question, please wait for me a little longer Judging from the situation you explained, according to the provisions of Article 1127 of the Civil Code, the estate is inherited in the following order: (1) the first order: spouse, children, parents; (Two clans) second order:
Siblings, grandparents, maternal grandparents. Therefore, from the beginning of the inheritance, the first-order heirs will inherit, and the second-order heirs will not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this provision, the term "children" includes legitimate children, illegitimate children, adopted children and dependent stepchildren.
For the purposes of this provision, parents include biological parents, adoptive parents and dependent stepparents. For the purposes of this provision, the term "brothers and sisters" includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, step-brothers and sisters who have a dependent relationship, and scattered siblings. With regard to the statute of limitations for inheritance, according to the relevant laws and regulations, the statute of limitations period for a party to request the people's court for protection of civil rights due to a civil dispute such as inheritance is three years.
In addition, the limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. So in this case, you only need to inherit the share according to the legal inheritance.
Daughters who marry out also enjoy the legal right of inheritance, and can inherit their parents' property according to legal inheritance.
If you are satisfied with me, you can click on my avatar to direct me to ** consultation. It is a pleasure to serve you and I wish you a happy life.
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After the divorce of the parents, they also have the right to inherit the inheritance of the children. The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, whether the children are directly raised by the father or the mother, the children of both parents are still too high.
Article 1070 of the Code of the People's Republic of China provides that parents and children have the right to inherit each other's inheritance. Article 1084 of the Civil Code of the People's Republic of China provides that the relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.
After divorce, parents still have the right and obligation to raise, educate and protect their children. After divorce, children under the age of two are directly raised by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child.
Where children have reached the age of 8, their true wishes shall be respected.
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