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Your sister-in-law has not divorced your brother, and she is of course entitled to inherit part of your brother's estate. Of course, if you have sufficient evidence to prove that your sister-in-law has committed the crime of abandonment under our criminal law, you can sue the court and deprive her of her inheritance rights. There must be physical evidence to prove her abandonment.
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According to the inheritance law, the wife is the first heir, and although your brother did not care from his illness to the burial of his wife, as your brother's legal wife, he still has the right to inherit the estate first.
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Your brother and his wife's joint property, she can share half, and if your brother does not have a will, his wife can share his personal property.
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As long as your eldest brother does not divorce her wife, his wife is entitled to your brother's inheritance.
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According to the law, as long as the relationship between husband and wife is not dissolved, all the property of the family belongs to the joint property of the two of them, and even if it is joint property, one of the spouses must enjoy the right of inheritance after the death of one of them.
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Legally, it is possible, since there is no divorce, the property has hers
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Inheritance includes testamentary succession and natural inheritance, testamentary inheritance is the distribution of the estate according to the content of the will, natural inheritance is in the absence of a will, inheritance in the order of heirs, your brother does not have a will, his wife has the right to inherit.
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Since it is his wife's words to talk about financial management, the property between them is husband and wife, and they are jointly owned with her can have your neighborhood, and 50% of your brother's guess is a matter of course No matter him, no matter what he manages, no matter his follow and charge, he can get 50% of the first person.
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If she is not divorced, the inheritance is hers, and it doesn't matter if she cares about it, she is the legal heir.
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Summary. The division of the statutory estate shall be divided by the heirs in the first order in accordance with the principle of equal distribution, and those with special difficulties shall be taken care of. 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.
Brothers, the eldest brother is dead, and the sister-in-law, how to inherit the parents' inheritance?
Hello, I am a platform partner lawyer and I am happy to serve you.
If there is no will, it will be inherited according to the law.
The division of the statutory estate shall be divided by the first-order inheritance imitation excavation companion in accordance with the principle of equal distribution, and the person with special difficulties shall be taken care of. Heirs who have fulfilled their primary obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance. 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 distinction or with a small amount of envy.
Where the heirs agree through consultation, it may also be unequal.
If this is the case, it is recommended that you deal with it as soon as possible.
When the eldest brother died, the property was all common.
Three houses, give him two, and now that he is dead, will two be returned to his wife?
There are also parents to support.
Well, my sister-in-law and parents belong to the first heir, and the three of them should be divided equally.
You just said that the share given to the eldest brother should have a share for the old man now, right?
Let's put it this way, the eldest brother is dead, and the parents of the eldest brother and sister-in-law and eldest brother are all the first heirs of Ji Kuan, and the three of them can inherit the eldest brother's inheritance, but they need to be divided equally among the three people.
All of the eldest brother's possessions were built by his parents.
Well, but if you don't have a will, you will inherit according to the law, and that's how you inherit.
Now he's dead, and his brother is left alone.
Uh-huh, I get it.
Uh-huh, I get it.
Do you still have any questions about inheritance?
Do you still have any questions about inheritance?
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First of all, I am sorry to hear that your brother has passed away, and I also understand the dilemma you face in reconciling family assets and relationships. Here are some suggestions for your reference:
1.Understand the relevant laws and regulations: You can go to the local court or consult a lawyer to understand the relevant laws and regulations and understand the specific situation of inheritance. In addition, if there is indeed an exclusive act of property monopoly, you can recover your legitimate rights and interests through legal channels.
2.Establish communication channels: Try to communicate with your sister-in-law in person to understand the specific situation and how to distribute the inheritance fairly. If you can't reach a consensus, you can consider turning to a third-party agency or person to assist the intermediary.
3.Stay rational and calm: When dealing with family conflicts and inheritance issues, stay rational and calm, and don't let emotions sway. Try to be impartial and objective with a view to reaching a settlement and properly resolving the issue.
Finally, if you are in a state of emergency or feel helpless, you can seek help from a professional psychological counselling agency or a Tantanian social welfare organization. They can provide you with more comprehensive and professional support and advice.
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Summary. If the sister-in-law dies and the brother can inherit the house, during the marriage relationship between the husband and wife, if the wife dies, all the inheritance in the wife's name can be inherited in accordance with the will if there is a will; In the absence of a will, the husband can inherit the wife's pre-marital property as the first-in-line heir in accordance with the laws of our country.
My sister-in-law is dead, can my brother inherit the house.
If the sister-in-law dies and the brother can inherit the house, during the existence of the marital relationship between the husband and wife, if all the inheritance in the wife's name after the death of the wife can be inherited according to the will if there is a will; In the absence of a will, the blind husband can inherit the wife's pre-marital property as the first-order heir in accordance with the laws of our country.
Pro, legal basis: "Civil Code of the People's Republic of China" Volume 1123 of the penitential grinding article After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a state bucket will, it shall be handled in accordance with the testamentary inheritance or bequest; If there is a bequest and maintenance agreement, it shall be handled in accordance with the previous agreement. Article 1063 The following property shall be the personal property of one of the husband and wife:
1) the pre-marital property of one of the parties; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.
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According to the relevant provisions of China's Civil Code, spouses, children, parents, siblings, grandparents, and maternal grandparents are all legal heirs and enjoy the right of inheritance, but the order of inheritance is not the same, the heirs in the first order are spouses, children, and parents, and the heirs in the second order are brothers and sisters, grandparents, and 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. From the above provisions, it can be seen that after the death of the elder brother, since the sister-in-law and niece are the heirs in the first order, they can inherit the estate, so the heirs in the second order cannot inherit the property.
Relevant legal provisions: Article 1127 of the Civil Code of the People's Republic of China: inheritance shall be carried out 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.
Liu Haina of the Family Law Court team.
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There is a power to inherit! But you and your sister belong to the second order of succession. Sister-in-law, niece, and your parents are the first to inherit. If they are all sound. It can be said that second-order inheritance does not exist. Because it is completely impossible to inherit.
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The eldest brother died, and the eldest brother's child subrogated to inherit the eldest brother's inheritance. The key depends on whether the sister-in-law has fulfilled the obligation to support her in-laws, and if the sister-in-law has fulfilled the obligation to support, then she is also the heir in the first line and has the right to inherit the inheritance. If you do not fulfill your maintenance obligations, in the case of the two brothers, it will be half of the younger brother's and half of the inheritance of the elder brother's children.
If the obligation of support is fulfilled, it must be divided into three parts, one-third for the younger brother, one-third for the sister-in-law, and one-third for the elder brother's children.
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It must be divided equally, your eldest brother is dead, but your sister-in-law is here, and your sister-in-law is also a part of your family, and your sister-in-law is eligible to inherit the inheritance if she does not divorce your brother.
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This close friend, according to the inheritance law, the current brother's estate is inherited by the sister-in-law, and the sister-in-law dies, of course, you will inherit it. You are the second-in-line heir.
Article 9: Men and women are equal in inheritance rights.
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 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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In accordance with the provisions of the inheritance law, copy the first order of succession.
The BAI heirs are: spouses.
du, children, parents.
Siblings are the second-order heirs, and the second-order heirs only participate in the inheritance if there is no first-order heir.
So, in the case of having a sister-in-law and niece, you and your sister do not have the right to inherit your brother's estate.
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According to the situation, if you mother.
There is an inheritance of your brother's inheritance, then your mother goes inside.
In the world, you and your sister, as the first in line of succession, can inherit your mother's inheritance, which is equivalent to indirectly inheriting your brother's share of your mother's inheritance, rather than directly inheriting your brother's inheritance, because for your brother, you are the second in line of succession.
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If there is no will, the succession shall be carried out in order, and if the heir in the first order inherits after the succession occurs, the heir in the second order shall not inherit.
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Your mother inherited your brother's estate, and now that your mother has died, you, your sister, and niece have the right to inherit your mother's estate.
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Unless his wife and children are dead, his inheritance will be shared by you.
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You should be able to do so.
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Barely eligible because your brother has children, a wife, or parents. You're simply an outsider, to use the old-fashioned Chinese parlance.
If there is a will, it is okay to distribute property to you.
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After the death of the elder brother, the wife, children, parents, the first heir, and if there is no first heir, the brothers and sisters will inherit you, you are the second, as long as there is the first heir, you will not get a penny.
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The Inheritance Act stipulates that the heirs in the first order: spouse, parents, children. You belong to the second order. There are first-order heirs, and second-order heirs do not.
Your brother died, and your parents, sister-in-law, nephews and nieces inherited him. If your parents aren't there, there won't be them.
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It should be inherited by your brother's son, daughter.
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Unless there is a will, it can only be resolved through negotiation. Legally, there is none, but as a family, the family affection is still there, try to negotiate as much as possible, you don't have an advantage if you make a big fuss.
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No, heirs, wives, children, parents.
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