How to inherit the estate if the married daughter has fulfilled the main maintenance obligation

Children have the obligation to support their parents and the right to inherit the estate.

The order of inheritance refers to the order in which the heirs inherit the estate after the death of the decedent. Article 10 of the Inheritance Act provides that "estates 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 cannot inherit. If there is no first-order heir, the second-order heir shall inherit. ”

Article 12 of the Inheritance Law also stipulates that "a widowed daughter-in-law who has fulfilled the main obligation of support to her father-in-law and mother-in-law, and a widowed son-in-law to her father-in-law and mother-in-law, shall be regarded as the first-order heir." ”

In inheritance, if the decedent has made a will to designate his personal property to be inherited by one or more of the legal heirs, or has clearly donated his personal property to the state, the collective or to a person other than the legal heirs in the will, the will shall be followed.

In addition, according to Article 27 of the Inheritance Law, if one of the following circumstances falls in the inheritance of an estate with a will, the relevant part of the estate shall be handled in accordance with the statutory inheritance:

1) The testamentary heir renounces the inheritance or the legatee renounces the bequest;

2) The testamentary heir loses the right of inheritance;

3) The testamentary heir or legatee dies before the testator;

4) the estate involved in the invalid part of the will;

5) The estate that has not been disposed of by will.

The clarity of the order of inheritance provides a strong guarantee for the orderly division of the estate. At the same time, it should be noted that in the division of inheritance, the principles of equality between men and women, the care of the old and the young, the care of the sick and disabled, as well as mutual understanding, mutual accommodation, solidarity and harmony should be adhered to. Even if there is a will, the necessary share of the inheritance should be reserved for the heirs who lack the ability to work and have no livelihood, as well as the inheritance share of the fetus.

According to the third paragraph of Article 13 of the Inheritance Law, "the heirs who have fulfilled the main obligation to support the decedent or live with the decedent may divide the inheritance in an excessive share when distributing the inheritance. "If the daughter has fulfilled the main maintenance obligation, she can share more of the inheritance.

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Parents' Legacy:

If the parents have left a legal and valid will and the inheritance rights of the daughter are clear, the daughter can inherit through the will;

If there is no will, the daughter is the first legal heir of the parents and enjoys the right of inheritance. In addition, those who live with the deceased and fulfill the main maintenance obligation can share more of the inheritance.

Son's Inheritance:

Similarly, if there is a legal and valid will, the distribution will be made according to the will, and if not, it will be carried out according to the legal inheritance.

Because the daughter and the son belong to the "sibling" relationship, they are the second in line of succession. If a son has a first-order heir (the son's spouse, children, parents), he is generally not involved in the inheritance.

The specific order of legal succession is as follows:

First order: spouse, children (legitimate or illegitimate children, adopted children, dependent stepchildren), parents (biological parents, dependent stepparents);

Second order: siblings (half-siblings, adoptive siblings, dependent step-siblings), grandparents, maternal grandparents.

Related Laws] Civil Code

Article 1123: After the commencement of succession, 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 1127: Inheritance is 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.

OK. An estate is a personal legal property left behind by a natural person upon his or her death. After the death of a son, the inheritance can be inherited by the daughter. Because the estate has a will, follow the will to inherit. If there is no will, it shall be inherited by the spouse, children and parents.

Married daughters are also obliged to support the elderly, regardless of the property. The law stipulates that adult children have an obligation to support, support and protect their parents; Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.

Legal basis: Civil Code of the People's Republic of China

Article 26: Parents have the obligation to raise, educate, and protect their minor children. Adult children have an obligation to their parents to support, support and protect them.

Article 1067:Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Article 1074:Grandparents who can afford it have an obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them. Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.

Legal analysis: If the obligation of maintenance is not fulfilled, the estate can be divided under certain conditions, and the inheritance cannot be divided only if the right of inheritance is lost. The legal grounds for loss of inheritance rights are:

wilful killing of the decedent; killing other heirs for the sake of inheritance; Abandonment of the decedent, or abuse of the decedent, where the circumstances are serious; forgery, alteration, concealment or destruction of wills, where the circumstances are serious; Using fraud or coercion to compel or obstruct the decedent from establishing, altering, or revoking the will, where the circumstances are serious, etc. Legal basis: Article 1125 of the Civil Code of the People's Republic of China An heir shall lose the right of inheritance if he or she commits 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, concealing, or destroying a will, where the circumstances are serious; (5) Using fraud or coercion to compel or obstruct the decedent from establishing, modifying, or withdrawing a will, and the circumstances are serious. Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights. Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.