If one spouse dies suddenly, does the other spouse have the right to inherit all the property? Do ch

The Marriage Law clearly stipulates that the property jointly acquired by the husband and wife after marriage belongs to the joint property of the husband and wife, and should be divided equally in case of divorce, and if one party dies suddenly, if there is no will with legal effect, the property should also be inherited in accordance with the relevant provisions of the Inheritance Law and in strict accordance with the legal order of succession。In summary, the other party does not have the right to inherit all the property, and the child has the right to inherit the property, but the share needs to be determined according to the law

In fact, in marriage,In the event of the sudden death of one of the spouses, the property that can be inherited is only half of the joint property of the spousesThis provision is based on the Marriage Law, although one party dies unexpectedly, the marriage is not dissolved, and all property is still jointly owned by the two. I believe everyone already understands this.

And according to the law,The legal first order of succession is spouse, children, and parents. This means that when one of them dies, half of their property is divided between their spouse, children and parents. Therefore, it is impossible for the other half to have the right to inherit all the property

In addition, the second order of legal succession is siblings, grandparents and maternal grandparents. Second-order heirs can only inherit if the deceased does not have a primary heir. <>

After clarifying that the other half and the child are entitled to the first order of inheritance, let's look at the inheritance share。Division of the estateUnder normal circumstances, the heirs will be divided equally in the same orderHowever, when it comes to minors and the elderly who lack the ability to work, they will be taken care of to a certain extent. <>

Husband and wife are an important part of the family, and if any one of them has an accident, the other party needs to undergo a huge test, although the support of both parents and the upbringing of children need to be borne by the other party, but from a legal point of view, this cannot be the reason for the other party to obtain the entire inheritance. The specific division and proportion also need to be negotiated according to the actual situation, and the law will protect the legitimate rights and interests of everyone.

There is a right to inherit, and the child also has a right, because the child is the legal heir. And the child is the first place, followed by the partner.

The other party has the right to inherit only his own property, such as half of the joint property of the husband and wife, and the children also have the right to inherit.

It depends on whether the person has a will, and if so, it is necessary to inherit according to the will, and if there is no will, the spouse is the first in line of succession, and the children also have the right to inherit.

Yes. According to Article 1127 of the Civil Code, the first order of heirs in legal succession is: spouse, children and parents.

It can be seen that husband and wife, parents and children are each other's first-order heirs. Therefore, if one of the spouses dies, the children have the right to inherit the estate in accordance with the legal inheritance or the will of the decedent.

So what is the scope of "parents and children" in the Civil Code? The term "parents" in the inheritance chapter of the Civil Code includes biological parents, adoptive parents, and stepparents with a dependency relationship; Children include legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

Among them, if the adoptee has fulfilled the obligation to support the adoptive parents, and at the same time has raised the biological parents more, in addition to inheriting the inheritance of the adoptive parents, he may also receive a share of the appropriate inheritance of the biological parents. Where a stepchild inherits the estate of his or her stepparents, it does not affect his or her inheritance of the estate of his or her biological parents; Where stepparents inherit the estate of their stepchildren, it does not affect their inheritance of the inheritance of their biological children.

It should be noted that a widowed daughter-in-law or son-in-law who has fulfilled the main obligation of support to her in-laws or parents-in-law is also the first-order heir.

In summary, if one of the spouses dies, the first order of the decedent includes his parents, spouse, children, and widowed daughter-in-law or son-in-law who has fulfilled the main maintenance obligation.

In the event of the death of one of the spouses, whether the children have the right to inherit the property depends on the circumstances.

When one of the parents dies, the child is temporarily unable to inherit the property; Unless one of the parents is still alive and the family needs to be reorganized, the child has the right to claim inheritance from the deceased parent.

The joint property relationship between husband and wife is based on the existence of the marital relationship, and when the marriage relationship is dissolved, the joint property is divided. The principle of division of property in divorce, that is, in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement of both parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

In rural areas, the rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

1. The right of inheritance in an objective sense. It refers to the qualification of citizens to accept the inheritance of the deceased in accordance with the provisions of the law or the designation of the will before the commencement of inheritance, that is, the right and ability of the heir to inherit the inheritance;

2. Inheritance in the subjective sense. It refers to the de facto property rights that the heir already has over the inheritance left by the decedent when the legal conditions are met, that is, the inheritance right that already belongs to the heir and brings him actual property benefits. This kind of inheritance right is related to the subjective will of the heir, and can not only be accepted, exercised, but also waived, and is an inheritance right with a realistic property right.

The realization of the right of inheritance begins when the decedent dies or is declared dead.

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

1) Intentionally killing the decedent;

2) killing other heirs for the purpose of competing for an inheritance;

3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

4) Falsifying, tampering with, concealing, or destroying a will, where the circumstances are serious;

5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious.

When one of the parents dies, the child is temporarily unable to inherit the property;

Unless one of the parents is still alive and the family needs to be reorganized, the child has the right to claim inheritance from the deceased parent.

Yes. The father's or mother's estate (including half of the share of the joint property), if there is a will, follow the will; If there is no will, it shall be inherited by the spouse, children and parents. Children are first-in-line heirs and have the right to inherit.

Article 5 of the Inheritance Law 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.

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.

Hello, yes. According to the traditional folk customs of our country, when one parent dies and the other parent is still alive, the question of inheritance generally does not occur immediately, but until both parents die, the children inherit and divide their inheritance. In fact, from a legal point of view, the inheritance begins when the decedent dies.

In the event of the death of one of the parents, the child is the first in line of succession and has the right to inherit the deceased spouse's share of the joint property belonging to the heirs.

Legal basis] Article 1127 of the Civil Code The inheritance of the estate shall be in the following order: (1) the 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.

In fact, people are realistic, once the other party is gone, no woman will insist on continuing to live in the man's home. In particular, some of the woman's parents will also persuade the girl to choose her life again, and she can choose to remarry or take her children to live in other cities.

Yes, after all, it is a husband and wife relationship, if the other party dies in life, then the other person can inherit all the property, and can also divide some of the children.

The other party has no right to inherit all the estate, because the other party's parents and children are the first heirs, so the property is divided into three parts, and the children also inherit these properties.

If the deceased person left a will, then it will be divided according to the will, and if there is no will, then the division will be carried out according to the order of the legal heirs, and the child should be the legal guardian in charge.

Of course, after all, it is the joint property of the husband and wife, and the two people are also legally protected partnerships. It can also be left directly to the child, which is up to you.

The other spouse can only inherit half of the joint property, and his children or parents have the right to inherit the remaining property.

The death of one of the husband and wife is equivalent to taking out half of the family's assets to everyone. No matter how you calculate it, it's a losing trade. The people are gone, and the money is gone.

Whether the other party can inherit all the assets depends on the inheritance of the estate and the inheritance of property. Since the property of the husband and wife is the joint property of the husband and wife, under normal circumstances, the assets are divided into two, one for each person. If one of the parties dies suddenly, one of the assets of the deceased party becomes property.

The inheritance of property is divided into inheritance and inheritance. Inheritance is a suicide note, and people punish their assets under the methods of laws and regulations.

Inheritance of property, in the absence of a testament or in the case of the lapse of the will, in accordance with the order of succession of property. Order of Succession of Property: First Order:

The other half, children, parents and fathers. Second preface: Brothers and sisters, grandparents, grandparents.

After the death of one spouse, the assets of the other spouse become property, and the property can only be changed from the heir to legal property after the inheritance procedures have been completed. A part of the assets of the husband and wife's joint property is the personal property of one of the surviving spouses, and this asset is not inheritable;

The inheritance can only be another part of the joint property of the husband and wife, and this part is considered the property of the deceased party. The property of the deceased spouse is inherited by the regular heir to the assets. According to the requirements of the Inheritance Law, the first-order heirs include:The other half, children, parents and fathers.

The property of the deceased spouse is inherited by these people. The successors have formal succession dominance among themselves and have the same inheritance market share. From the above order of succession, if one of the spouses dies suddenly, the other party cannot completely inherit all the assets, which must be in accordance with the provisions of the Inheritance Law, and the parents, children and children also have the same inheritance.

If both parents are alive, both parents have the right to inherit the dominion; If one of the parents dies, only the surviving father and mother will inherit the estate. If both parents are deceased, then Mom and Dad do not have an inheritance. Parents here, including dependent parents and stepparents, as long as they are regular parents, have inheritance. And children are the same, stepsons, dependent children, adopted children, etc., all have inheritance.

There is no right to inherit all the property, because if the couple has children, then the children need to inherit most of the property.

If one party has no dependents to support, then all property needs to be inherited by the other party. Because the other party belongs to the first heir.

According to the laws of the country, the other party is the legal heir, and at this time he has the right to inherit. It doesn't matter if it's pre-marital or post-marital property.

Summary. Hello, one of the parents dies, and the children cannot inherit the property for the time being; Unless one of the parents is still alive and the family needs to be reorganized, the child has the right to claim inheritance from the deceased parent.

If one of the spouses dies, do the children have the right to inherit the property?

You are in a bad situation, one of your parents dies, and your children cannot inherit the property for the time being; Unless one of the parents is still alive and needs to reorganize the family, the child has the right to claim the inheritance left by the deceased parent.

Hello, according to the provisions of Article 1127 of the Civil Code, the children, as the legal heirs of the parents' first order, enjoy the legal inheritance right of their parents' property.

We have been married for two years and she died in three months, and when we got married, he brought a child who was 20 years old, but this Hu Kai has been serving a prison sentence for more than two years, does he have the right to inherit my house.

If the stepchild is an adult when the parents remarry, and there is no dependency relationship between the stepchild and the stepparent, then the stepchild has no right to inherit;