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If the parents do not notarize the property before their death, or legislate a valid will, then all his immediate family members can come to collect this property, ah, of course, it has no impact on a normal family, but if it is a large group and a large enterprise, it is possible to cause the collapse of a group because of the trend of a helmsman, because everyone wants to get their own share of interests, and then they can't work together, and the enterprise will naturally fall apart. Therefore, I think the issue of property heirs should be more clear, clarifying the first and second heirs.
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Personally, I think that the shortcoming of the property inheritance provision is that there are too many procedures and they are too complicated.
Sometimes if you want to inherit a property, you need to go through a lot of procedures, and sometimes you may not be able to complete this thing in a month or two, if it can be simpler, it will be much more convenient.
Generally speaking, the provisions on property inheritance are very numerous, and the regulations are also very strict. Except for a little more formalities, everything else is perfect.
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The disadvantage of property inheritance is that the children are not all heirs, if the parents did not notarize or distribute the inheritance during their lifetime.
After the death of the parents, the inheritance of property becomes that all those who are related to the parents by blood can come to fight for the inheritance.
It means that both parents and siblings have the right to inherit, how many people are involved in these complex relationships?
If the parents' family is large and they are unwilling to give up the inheritance, then there will be a dispute. This is very cumbersome and impersonal.
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The order of inheritance of property is as follows: spouse, children, and parents are the first in order. Siblings, grandparents, and maternal grandparents are the heirs in second order.
However, in the provisions, children born out of wedlock have the same inheritance rights as legitimate children.
In other words, one day your father suddenly brings back an "illegitimate child" who has never been seen before, then the inheritance rights of others are the same as yours. This is a bit "unfair" from a reasonable point of view.
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I feel that the most deficient place is that the children inherit the parents' real estate, if there is no correct will, then it is very very cumbersome to go to the notary office with the consent of the seven aunts and eight aunts, sometimes I think that the only child inherits the inheritance of the parents' estate is very positive, why go through so many processes?
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The inheritance system is a legal system that stipulates how the property of the deceased is transferred to others during his lifetime, and the property system of our country, the property system of our country, the system of our industrial base, and the establishment of the system of the four sui middle schools of our industrial base are of great significance for consolidating socialist family relations! Moreover, we have been pursuing the five basic principles, equality between men and women, providing for the elderly and raising children, and taking care of the sick and disabled. Therefore, China's inheritance system is very perfect, and there are no shortcomings!
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In this regard, attention should be paid to the handling of the estate in which the legal heir has the ability to support and the decedent is supported and cared for by others. In addition, it is important to grasp the subrogation to succession and the differences between them. The principle of distribution of inheritance is also an important issue in statutory succession.
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I think that in many rural areas, people do not have the habit of making wills, so there will be some disagreements when some people distribute property, and because there is no will, everyone does not know how to distribute it correctly, even if it is resolved through the court, it is difficult for people to accept it satisfactorily, and I think it is necessary to popularize the knowledge of inheritance in rural areas.
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1.First, the heir bears limited liability for the debts incurred by the decedent, that is, the heir is not liable for the debts of the decedent with his own inherent property.
2.Second, the heir can renounce the right to inherit the property of the decedent, and at the same time be exempted from the liability for the repayment of the debts of the decedent.
3.Third, the settlement of debts takes precedence over the execution of bequests.
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If the parents did not make a will during their lifetime, then if there are grandparents after death, then the children may not be the only heirs. Cumbersome notarization is also required.
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I think the shortcomings of inheritance are that people generally lack understanding of inheritance, which leads to many examples of inheritance family members who are against the purpose. Therefore, it is still necessary to popularize this provision and make a will as early as possible to avoid unnecessary disputes.
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I think that inheritance should be taxed as in other countries. The current situation is that the descendants of some wealthy families are counting on lying down and enjoying happiness, and there is no upward motivation.
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Similar to the primogeniture system of the ancient royal family, it should be the residence of the capable.
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1. Whether the will is valid depends on how the will is written: valid or partially valid.
In this case, the notary office will advise him to go through the inheritance notarization first, transfer the house to the names of all the heirs, and then make a will.
If he does request a will, he can also do so: there are two specific situations.
1) The will is valid. Because there is no inheritance, there is no transfer of ownership of the house, so one of the houses must have his share. If the will is written:
He will give his share of the house to his daughter'。Then the Will is legally valid. No other child's consent is required.
2) The will is partially valid. Because there is no inheritance, there is no transfer of ownership of the house, so one of the houses must have his share. But the house doesn't have to be his property.
Suppose the will says: "Give the house to the daughter". Then it is partially valid, that is, the part of the property that belongs to him is executed according to the will after his death.
2. The father's will later disposed of another house.
Then there is also a father's share in the house. The will is valid as above. May work, may work partially.
3. Because both wills are notarized wills, if there is a conflict, the later will replaces the previous will. Because notarized wills have the highest validity, if there are inconsistencies, the latter shall prevail.
4. I am a notary office, and you can talk to me if you have any questions.
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1. No, the child is a co-owner of the house, and the consent of the owner of the house should be sought for the disposal of the house.
2. You can only give your share of the house to your son by will, but you can't give the house directly to your son.
For relevant laws, please refer to the Inheritance Law and relevant judicial interpretations.
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1.No, the child is a co-owner of the house, and the disposition of the house must be disposed of with the consent of all co-owners, otherwise the disposition is invalid.
2.After the death of the wife, half of the marital property becomes the husband's personal property, and the remaining half is the wife's estate, which is divided equally between the husband and all the children. The husband may make a will to divide his property among some of his heirs, provided that his disposition is limited to the extent of his personal property and inheritance, and shall not infringe upon the right of other children to inherit the mother's property.
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1.The husband's legal act is valid, and after the death of his wife, he is entitled to three-quarters of the estate, and to the ownership of the estate, and to dispose of his part, according to the provisions of the law.
2.According to the provisions of the General Principles of Civil Law of China, the inherited will shall be valid after the last will is made. When a will exists in multiple ways, in the following order:1Just a will...
Legal analysis: The waiver of the right to inherit property should first indicate the name, gender, date of birth, ID number, relationship between the declarant and the decedent, and the number of the inheritance with the right of inheritance, and indicate the situation of all heirs, and indicate the voluntary renunciation of inheritance. Finally, the empty payment is signed by the declarant. >>>More
This is a complicated question.
First of all, it depends on whether your aunt asserts her rights or not. At the beginning, her grandfather's will was to give her the house, so she had the right to ask for the inheritance of the house and the transfer of the house to her grandmother, which violated her rights, and she could ask for it to be returned. However, if she is willing to give up this right, then the house is still grandma's. >>>More
If the two properties in your father's name were purchased by your mother and father after marriage, then the two properties belong to their joint property, and your father and mother each own half, and after your mother's death, if there is no will, the half of the property in her possession should be handled according to the legal inheritance. >>>More
As a result of the capital flipping, the fourth son and the old man jointly enjoyed the ownership of the house, that is, co-ownership. When dividing the house, half of the share was given to the fourth son, and the remaining half was the inheritance. It is divided into four equal parts, i.e. 1 8 shares of the house occupied by each person. >>>More
The principle of protecting citizens' right to inherit private property is mainly manifested in the following ways: >>>More