How can the children claim their rights after the inheritance left by the old man after his death

There is no will, and the inheritance of the estate shall be in accordance with the provisions of the Inheritance Law: Article 9 The right of inheritance is equal between men and women.

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 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.

Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation to support her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.

Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

Where the heirs agree through consultation, it may also be unequal.

Article 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs.

Article 15 The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

The children negotiate the division, and if the negotiation fails, they can sue the court for division.

If the old man dies and gives all the old man's inheritance to his son, the old man's daughter can sue. However, it is necessary to judge whether there are sufficient reasons to divide the inheritance among the sons, whether the daughters have the same inheritance rights, and so on. China's law has clear provisions on the issue of inheritance distribution, so that suing the people's court in accordance with the provisions of the law can indeed fundamentally solve the problem.

Balance. <> in this case, there are two situations, one is that the old man makes a will and gives all his inheritance to his son, then even if the old man's daughter sues, it will not have the slightest impact, and the court will not award the inheritance because of the lawsuit. Another situation is that according to the so-called customs and habits of our country from ancient times to the present, after the death of the old man, the inheritance is automatically assigned to the son, and it is believed that the current situation of the daughter will be sentenced to be relieved and determined as an outsider according to the water spilled by the so-called married girl, so at this time, the daughter's lawsuit can get a certain amount of legal protection and protect her real legitimate rights and interests.

may be blamed by many people from a moral point of view, because it seems that raising children to prevent old age, sons are supporting their parents in their old age, and daughters, as a so-called outsider, should not be entrusted with the property of the family. But in fact, it is now the 21st century with a complete legal text and a sound system as well. After the public has been educated at the top, the gender of the children of the gender is no longer a moral standard.

So, in my opinion, no, both sons and daughters should have a common obligation to support the elderly, and at the same time have the right to inherit.

Therefore, whether the old man's daughter sues or not depends on whether the old man has made a will, and whether he voluntarily donated the property to his son in his will. If there is indeed a will, then the daughter's lawsuit will have no meaning and result, but if there is no will, it belongs to the old man's death, according to the so-called national conditions and customs, the property is given to the son, then the daughter's lawsuit can be powerful. According to the inheritance law of our country, it can be known that sons and daughters have the same inheritance rights, and they both belong to the second in line of succession, so there is no distinction between men and women in inheritance.

If it is proved that the old man is in a state of sober state and there are witnesses to prove that the will was made, then the daughter cannot sue.

If the old man dies and sues his son with all his inheritance, can the old man's daughter sue his brother? If they leave a legal will during their lifetime, and all the property is given to their son after death, there is nothing they can do about the daughter.

OK. The estate of a son or daughter, if there is a will, follow the will; If there is no will, it shall be inherited by the spouse, children and parents. Parents are first-in-line heirs and have the right to inherit their children's estate.

Legal analysis

The right of inheritance exists on the basis of status, and as long as there is no statutory loss of inheritance rights, as long as the children of the parents can inherit the inheritance of their parents. Of course, the inheritance of the estate should be followed, with a will according to the will, and without a will, according to the legal order of succession. Whether or not the maintenance obligation is fulfilled is not related to the existence of the right to inherit, but according to the principle of consistency of rights and obligations, the heirs who have fulfilled the maintenance obligation can receive more inheritance than the heirs in the same order who have not fulfilled the maintenance obligation.

According to the relevant laws and regulations, after the commencement of inheritance, the inheritance shall be carried out by the heirs in the first order, and the succession without the heirs in the first order shall include those who do not have the heirs in the first order and those who have the first order heirs but have all renounced or lost the right of inheritance. The inheritance share means that when the heirs in the same order inherit the estate, the shares are generally equal. For people with special difficulties, minors, and heirs who lack the ability to work and have no livelihood, they should be taken care of and appropriately distribute more inheritances.

For heirs who have the ability and conditions to support them, if they do not fulfill their obligation to support them, they shall not share or share less in the distribution of the inheritance. The heirs may or may not divide the estate equally by consensus.

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 1127 Inheritance shall be 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. 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.

After the death of the elderly, the property of the elderly shall be distributed according to the will of the old man, and if there is no will, it will be distributed according to the shares. One copy for the spouse of the elderly. The children of the elderly are divided equally.

If one of the children of the old man has passed away, the children of the deceased children inherit the equal share of the children of the old man.

A deceased child cannot inherit the property of an old man, because a person cannot inherit the property of an old man if he is dead and cannot take care of him.

If the child dies, then the property of the old man will be subrogated by the children of the deceased child.

How can you inherit the property of the elderly when you die, and if you want to inherit the next generation of your deceased children, you can inherit the property of the elderly if you support the elderly with your uncle.

Summary. Hello <>

I am glad to answer for you Did the old man give the property right to the inheritance of the old man after the death of his son: According to the provisions of the Inheritance Law of the People's Republic of China: property right refers to the right to occupy, use and dispose of things.

The old man transferred the property right to his son before his death, which means that the old man has transferred the ownership of the property to his son, so after the old man dies, the property no longer belongs to the old man's inheritance. However, the elderly generally have other property that has not been transferred or is not stipulated in the will before the death, and these assets still belong to the old man's estate.

Did the old man give the property rights to the inheritance of the old man after his son's death?

Hello <>

I am glad to answer for you Did the old man give the property right to the estate of the old man after his son's death: According to the regulations of the "Inheritance Law of the People's Republic of China": Property right refers to the right to possess, use and dispose of things.

If the old man transferred the property to his son before his death, it means that the old man has transferred the ownership of the property to his son, and the property will no longer belong to the old man's inheritance after the old man's death. However, the elderly generally have other property that has not been transferred or is not stipulated in the will before the death, and these assets still belong to the old man's estate.

Hello, extended add: It is necessary to be cautious that when the old man transfers the ownership of a property to his son during his lifetime, it is suspected that if this transfer method violates the law, such as involving fraud, malicious exclusion of other legal heirs, etc., it will generally be restricted or invalid by relevant laws and regulations. Tell the <>

The daughter has the right to share the inheritance left by the old man.

1. What is the distribution ratio of inheritance rights for children and scumbags after divorce.

The proportion of inheritance rights of children after divorce is as follows:

1. First of all, there is a will to inherit according to the will, but the will should be legal and valid;

2. In the absence of a will, the heirs shall inherit in the first order, namely: spouse, children, and parents (one half each). If her daughter is a minor, the necessary share of the estate shall be reserved for her in accordance with the law;

3. If the ex-husband makes a will, the daughter cannot inherit the husband's estate, and if the ex-husband does not make a will, the daughter can inherit a quarter of the ex-husband's estate.

2. Can a son-in-law inherit real estate?

A son-in-law may not be able to inherit the property, depending on the actual situation. If there is a will that the son-in-law will inherit the estate, it will be handled in accordance with the content of the will; If there is no will, the son-in-law has no right to inherit the property; However, if the daughter dies, the law stipulates that if the widowed son-in-law has fulfilled the main obligation of support to his parents-in-law, he can inherit the estate as the first-order heir. The legal first-order heirs are spouse, children, and parents.

3. Will the daughter give the house to her mother's family?

A daughter may not necessarily give her mother's family a house. This is the freedom to be a daughter, not the obligation to be a daughter. Daughters can inherit their parents' property.

Because children have the legal right to inherit their parents' estate, they should inherit their parents' estate as the first in line of succession. After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; 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.

Civil Code of the People's Republic of China

Article 1122:Inheritance is the lawful property of individuals left behind at the time of a natural person's death.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

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 1124:Where the heirs renounce their inheritance after the inheritance has begun, they shall make an expression of renunciation of inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.