If I don t have an inheritance, do I have the right to sign the right to transfer the estate? Is the

Hello, can you be sure that your father made an oral will before he left in a situation where there were many people? If so, then the estate belongs to your mother alone, and if not, the oral will is invalid, and you and your siblings also have the right to inherit.

In the former case, only your mother is the heir, and your brother has no rights to transfer, and the agreement is null and void unless your mother agrees; In the latter case, you both have the right to inherit and can negotiate the inheritance, but if the house is still not given to your brother, the agreement is still invalid.

If your mother agrees, your brother has the right to transfer his mother's right to inherit his father's house, and the agreement signed with someone else has legal effect.

Article 51: Where a person without the right to dispose of another person's property disposes of it, and the right to dispose of it is recognized by the right holder or the person without the right to dispose of it obtains the right to dispose of it after entering into a contract, the contract is valid.

First, first of all, the agreement of your father's dictation before his death is invalid, and the inheritance must be given in writing, and it must be proved by two unrelated persons, or notarized, otherwise it is invalid.

Second, since the verbal decree is invalid, then you also have the right to inherit.

Thirdly, the contract for your brother to sell the house belonging to his parents and you is invalid because he has no ownership of the house.

Article 10 of the Inheritance Law The inheritance of the estate shall be 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. No.

If the first-order heir inherits, the second-order heir inherits.

Now your mother is alive, so your brother is in rem.

If you need any help, you can add me directly as a friend.

The inheritance agreement is valid, but it needs to be satisfied that there is no violation of the law and no omissions, and the heirs should negotiate and deal with the inheritance issue in the spirit of mutual understanding, mutual concession, harmony and unity. The time, method and share of the division of the estate shall be determined by the heirs through consultation.

[Legal basis].

Article 1130 of the Civil Code of the People's Republic of China: The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who have special difficulties in living and lack the ability to work 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 dividends 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. If the heirs agree through consultation, they may also be filial piety. Article 1132 The heirs shall handle the issue of inheritance through consultation in the spirit of mutual understanding, mutual concession, harmony and unity.

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.

An agreement not to inherit the inheritance of each other can be found to be valid as long as it complies with the provisions of the law and can reflect the true intentions of the parties. After the commencement of inheritance, if the heirs renounce the inheritance, they shall make a written expression of renunciation of the inheritance before the disposition of the inheritance, so the agreement not to inherit the inheritance is valid; After the commencement of the inheritance, the parties agreed not to inherit each other's estate.

1. Whether the surviving children of the elderly can renounce their inheritance rights.

The surviving children of an elderly person cannot renounce their inheritance rights.

1. Because the law stipulates that the expression of intent of the heir to renounce the inheritance shall be made after the commencement of the inheritance and before the division of the estate, the renunciation of the right of inheritance can only be given up after the death of the parents;

2. After the commencement of inheritance, if the heir renounces the inheritance, he shall make a written expression of renunciation of the inheritance before the estate is disposed of.

The process of applying for notarization of inheritance rights is as follows:

1. Submit an application to the notary public in the place of residence, habitual residence, place of act or place of fact, and fill in the "Notarization Application Form";

2. Submit the proof of hunger and clear materials, such as the identity certificate of the parties and the property right certificate of the inheritance left by the decedent;

3. The notary examines the materials and the "Notarization Application Form";

4. Receive a notarial certificate of inheritance.

2. How to renounce inheritance?

Renunciation of inheritance is an expression made by the heir not to accept the inheritance and not to participate in the division of the estate. If the heir renounces the inheritance, he or she shall make a written expression of renunciation of the inheritance after the inheritance begins, that is, after the death of the decedent and before the disposition of the estate. If no representation is made within this time, the succession shall be deemed to have been accepted.

3. Whether the surviving children of the elderly can renounce their inheritance rights.

When an elderly person is alive, his children generally cannot give up their inheritance rights. Because the law stipulates that the expression of intent of the heir to renounce the inheritance shall be made after the commencement of the inheritance and before the division of the estate, and the inheritance generally begins after the death of the decedent, the renunciation of the right of inheritance can only be waived after the death of the parents. After the commencement of the inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the disposition of the inheritance.

Article 1124 of the Civil Code of the People's Republic of China.

After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.

The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

As long as the inheritance agreement (contract) does not violate the provisions of the law, there are no omissions, and it is an agreement reached with the true intention and unanimous consent of all legal heirs, the agreement has legal effect. No one may object to the agreement and the results of the inheritance after the succession has been completed.

1. Can the distribution of the estate be reversed?

1. If the estate is reversed before the disposal of the estate or during the litigation, because the estate has not been divided, the estate is not the personal property of the heirs. If the heirs agree, they should be allowed to repent. In litigation, it is up to the court to decide whether to allow repudiation on its grounds.

2. Those who regret after the disposal of the estate, because the inheritance has been divided, and the inheritance is the personal property of each heir. In order to maintain the stability of property and the security of transactions, it is not allowed to repudiate.

2. Does the inheritance distribution agreement need to be notarized?

Inheritance does not necessarily need to be notarized.

The purpose of the notarization is to prevent inheritance disputes, and if you and other heirs have a clear division of the inherited property, you may not need notarization. However, since each family has a different situation and may change at any time, in order to prevent unnecessary disputes, it is recommended that you go for a notarization. It is also a strong evidence that can be submitted to the court in the event of a risk in the future.

Inheritance refers to the transfer of property to others due to death during his lifetime, and the deceased is the decedent; The property left behind by the decedent at the time of death is the inheritance; The person who inherits the estate of the decedent in accordance with the provisions of the law or the lawful will of the decedent is the heir; The right of inheritance enjoyed by the heir in accordance with the direct provisions of the law or the legal will made by the decedent is the right of inheritance.

Since China's Civil Code divides inheritance into statutory inheritance and testamentary succession, inheritance notarization is also correspondingly divided into statutory inheritance notarization and testamentary inheritance notarization. Inheritance notarization can prevent inheritance disputes, reduce litigation, and maintain the stability of property and family relations.

Applicable conditions for inheritance notarization: After the death of a citizen, if there is property (**, **, real estate, bank deposits, company equity, intellectual property rights), his heirs (parents, spouse, children or beneficiaries of the will) need to apply for inheritance notarization.

After the death of the decedent, the heirs of the inheritance left behind enjoy the right of inheritance, but the right of inheritance does not mean that they enjoy the right of property, because the right of inheritance can choose to inherit or give up, and the person who gives up naturally does not enjoy the right in rem, but after the inheritance of inheritance, if the property needs to be registered, it is also necessary to confirm the acquisition of the right in rem after registration.

1. Which property rights cannot be inherited in the Civil Code.

The Civil Code stipulates that an inheritance is the legal property left by a natural person when he or she dies. If the property right is not the legal property of the individual, it cannot be inherited.

Civil Code of the People's Republic of China

Article 114:[Definition and Types of Property Rights]Civil entities enjoy property rights in accordance with law.

Property right is the right holder to enjoy direct control and exclusive rights over specific things in accordance with the law, including ownership, usufruct rights and security rights.

Article 115:[Objects of Property Rights]Objects include immovable property and movable property. Where the law stipulates that the right of the sedan chair god is the object of the property right, follow its provisions.

Article 1122: [Definition of Inheritance]An inheritance is the lawful property of an individual left behind by a natural person upon his death.

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

2. How to confirm the scope of inheritance.

An inheritance is an individual's legal property left behind when a citizen dies. Inheritance refers to the system whereby the property owned by the deceased during his or her lifetime is transferred to others in accordance with the law.

1) It is necessary to ascertain whether the property left behind by a citizen after his death is lawful in the manner in which it was acquired. Property illegally acquired by a citizen during his lifetime cannot be used as an inheritance for inheritance.

2) It is necessary to ascertain whether the citizen really enjoys ownership of the property actually in his possession during his lifetime, and if it is property rented from others, it cannot be used as an inheritance for inheritance.

3) It is necessary to strictly distinguish between the property of individual citizens and the property jointly owned by others, and if it is joint property, the property should be divided first and inherited later.

4) The non-transferable personal rights of certain deceased persons, such as the right to dependency and support, the right to receive pensions, retirement pensions, and allowances for the sick and disabled, cannot be inherited.

5) It is necessary to clarify whether the ownership of the property left behind by a citizen after his death has been transferred during his lifetime.

In addition, it is necessary to find out whether the beneficiary of the pension, subsistence allowance and insurance money has been identified, and if the beneficiary has been designated, it belongs to the beneficiary and not to the estate.

Legal Analysis: A contract is valid when it is formed.

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

Article 1158:Natural persons may sign bequest and maintenance agreements with organizations or individuals other than their heirs. According to the agreement, the organization or individual undertakes the obligation of the natural person to provide for the dead and the buried, and enjoys the right to receive a bequest.

Article 1163:Where there is both legally-prescribed inheritance and testamentary succession or bequest, the legally-designated heirs are to pay off the taxes and debts that the decedent shall pay in accordance with law; The part exceeding the actual value of the statutory inheritance shall be repaid by the testamentary heirs and legatees in proportion to the inheritance.

1. Is it valid to reach an agreement on inheritance privately?

The inheritance agreement is valid, as long as the agreement does not violate the provisions of the Civil Code and the agreement is the true intention of the heirs at the time of inheritance.

2. Determination of the legal validity of the will.

The invalidity of a will means that when the testator dies, although the will is not illegal, it does not have legal effect, that is, it cannot be executed. The invalidity of a will is different from the invalidity of a will, but there are similarities in it. The fundamental difference between the two is:

The invalidity of a will is not due to the fact that the will does not meet the conditions prescribed by law and cannot be valid, and the invalidity of the will is not due to the illegality of the will. The similarity between the two is that the will of the decedent cannot be executed, and the property involved in the will should be handled according to the legal inheritance.

The invalidity of a will means that the will does not take legal effect because it does not meet the requirements of the law. As long as a will does not meet one of the conditions for the validity of a will, it is an invalid will that should not have legal consequences. However, it is particularly emphasized that the following types of wills are invalid:

A will made by an incapacitated person or a person with limited capacity is invalid. Persons with no or limited capacity for civil conduct are persons with no testamentary capacity and are not qualified to dispose of their property by will. Therefore, a will made by a person with no or limited capacity for civil conduct is invalid.

Even if a person without full capacity for civil conduct was already a person with full capacity for civil conduct before his death, the will made by him when he did not have full capacity for civil conduct is still invalid, and cannot be valid when he has full capacity for civil conduct. If a person with full civil capacity is declared to be a person with no or limited civil capacity after the establishment of a will, his original will may still be valid, but if he changes or withdraws the original will, the change or revocation of the will is invalid.

A will made under duress or deception is invalid. The so-called coerced will refers to the testator being illegally threatened or coerced by others, and in order to avoid the infringement of his or her relatives' property or life and health, he makes a will contrary to his true and prudent intentions. The so-called will made by deception refers to the testator's misunderstanding due to the false behavior or misdirection of words deliberately distorted by others, and made an expression of intent that is inconsistent with his true wishes.

The person who coerces or deceives the testator can be either an heir or a person other than the heir; It can be a person who receives benefits from a will made by the testator under duress and deception, or a person who will not receive any benefit from the testator's will.

3. The legal provisions of the will.

Civil Code of the People's Republic of China

Article 1133:Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may designate an executor.

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.