Does the property in the name of the mother and son need to be divided among the sisters?

Updated on society 2024-06-23
12 answers
  1. Anonymous users2024-02-12

    The ownership of the property in the son's name belongs to the son, and has nothing to do with the parents, and when the mother dies, only the property in the mother's name can be inherited, and the property in the son's name does not need to be divided.

    In the absence of a will, the estate is 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. If there is no first-order heir, the second-order heir shall inherit.

  2. Anonymous users2024-02-11

    In the event of the death of the mother, the property in the mother's name shall be divided equally among the children if there is no will. However, the property in the son's name belongs to the son's personal property and does not need to be divided among the other sisters.

  3. Anonymous users2024-02-10

    No, only those who belong to your mother need to inherit each other equally.

  4. Anonymous users2024-02-09

    After the death of the mother, the property in the son's name belongs to the son and does not need to be divided among the sisters.

  5. Anonymous users2024-02-08

    If there is conclusive evidence, the property in the son's name belongs to the mother, and the property should be distributed among all the children after the mother's death.

  6. Anonymous users2024-02-07

    If the mother dies, her property should be owned by her children, but if it is the property in the name of the son, then naturally there is no need to divide it, or how to divide it after making a will, that is, how to divide it.

  7. Anonymous users2024-02-06

    Legal analysis: if there is no will and bequest maintenance agreement, the siblings of the parents have no right of inheritance, the estate is carried out according to the statutory inheritance, and 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.

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

    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. 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 1129:Where a widowed daughter-in-law has fulfilled the primary obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled her primary obligation to support her parents-in-law, she is to be the first-order heir.

  8. Anonymous users2024-02-05

    Legal Analysis: Yes. After the death of a daughter, the estate is inherited by her spouse, children, and parents, and the parents have the right to inherit the daughter's estate. The first heirs in line are: spouse, children, and parents, and these three types of people belong to the first in line of succession, and there is no priority.

  9. Anonymous users2024-02-04

    OK. After the death of a daughter, the estate is inherited by the spouse, children, parents, and parents who have the right to inherit the daughter's estate. The first heirs in line are: spouse, children, and parents, and guess that these three types of people belong to the first in line of succession, and there is no priority.

    1. Can a married daughter inherit her property rights?

    Daughters who marry off have the right to inherit property. In our country, both sons and daughters have equal inheritance rights, which means that even married daughters have inheritance rights. Moreover, the daughter's interpretation here is expanded to include not only legitimate children, but also illegitimate children, adopted children, and stepchildren who form a dependency relationship have the same inheritance rights as sons.

    From the perspective of the order of inheritance, spouse, parents, and children are the first heirs.

    2. Can the inheritance be inherited by the daughter?

    The inheritance can be inherited by the daughter. According to the relevant provisions of the inheritance section of China's Civil Code, the spouse, children and parents of the decedent are the heirs in the first order of their estate, so whether it is an unmarried daughter or a married daughter, they can inherit the inheritance of their parents in accordance with the law, and the daughter is the first order heir of the decedent's estate. Therefore, after the death of the deceased parents, the daughter should have the right to inherit the estate.

    3. Can grandparents inherit property after their grandparents die?

    The first in line of succession is the parents, children, and spouse, and if there is no first in line of succession, then the second in line of succession is inherited, and the second in line refers to grandparents, maternal grandparents, brothers and sisters. Therefore, grandchildren cannot inherit the grandfather's inheritance in this way, only your parents can, but if your father or mother has died before the grandfather, then it can be subrogated.

    Article 1070 of the Civil Code of the People's Republic of China provides that parents and children have the right to inherit from each other.

  10. Anonymous users2024-02-03

    If the estate belongs to the son, the spouse shall be divided 1 2 first, and the remaining inheritance shall be divided equally according to the number of first and subsequent heirs. In the case of the son's personal property, the estate is divided equally among the number of first heirs.

    According to Article 1130 of the Civil Code implemented in 2021, 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 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 1153.

    Unless otherwise agreed, when dividing the property jointly owned by the husband and wife, half of the jointly owned property shall be divided into the spouse's property, and the rest shall be the inheritance of the decedent.

    Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.

    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 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 1153 of the Civil Code of the People's Republic of China stipulates that when dividing the property jointly owned by husband and wife, half of the jointly owned property shall be divided into the spouse's property, and the rest shall be the inheritance of the decedent.

    Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.

  11. Anonymous users2024-02-02

    When the mother dies, how is the estate divided? , how to distribute the mother's estate, how to divide and inherit the property after the mother's death If the mother does not have her own parents, then the inheritance belongs to the children. Legal basis:

    According to Article 10 of the Inheritance Law, the inheritance shall be carried out in the following order: First order: spouse, children, parents.

    Second order: siblings,

  12. Anonymous users2024-02-01

    The inheritance of brothers and sisters can be divided, China's law clearly stipulates that brothers and sisters belong to the second in line of succession, in the absence of the first heir, can be inherited by brothers and sisters, but if there is a will, the property should be disposed of in accordance with the terms of the will.

    Article 1125 of the Civil Code of the People's Republic of China Where an heir commits any of the following acts, he shall lose his right of inheritance:

    1) Intentionally killing the decedent;

    2) Killing other heirs for the purpose of defending the 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 be bequeathed.

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