If one of the spouses dies suddenly during the marriage, who should inherit the property?

According to the Civil Code, in a marriage relationship, the husband and wife may jointly own property, and unless otherwise agreed, if one of the spouses dies, half of it shall be owned by the surviving party.

It is required by law that the deceased's parents and the other half of the deceased will inherit, and these people are the first in line of succession.

If one of the spouses dies and is not related to the other party, then the property will be inherited by the surviving spouse because he is the first heir.

If the decedent left a suicide note before his death, and the inheritance is clearly stated in the suicide note, then the inheritance will be carried out in accordance with the suicide note. It should be noted that the assets often distributed in the decedent's suicide note can only belong to their own, which is actually 1 2 of the joint property of the husband and wife. If the deceased spouse leaves a suicide note stating that all the assets are given to the other half, the other half can inherit the property in full.

If the suicide note indicates that there is a different way to divide the property, the suicide note will normally be followed. If the property of the deceased party is separated first, the part of the assets shall be distributed and inherited according to the legal heirs.

Secondly, the joint property of the husband and wife is separated. Half of the marital property of the spouses belongs to the other spouse. The remaining half can be used as the personal property of the deceased party, and this part of the assets will also be inherited according to the inheritance of the property.

Eventually, the personal property belonging to the deceased party will be inherited in the following order. First-order heirs: the other half, mom and dad, children and daughters.

Second order of heirs: siblings, grandparents, grandparents. In the case of sudden death of one of the husband and wife, the first step is to see if there is a suicide note.

If so, it should be implemented according to the suicide note, and no matter how dissatisfied you are with the distribution of the suicide note, the suicide note is all reasonable. You only have to make one thing clear, the suicide note only distributes his own assets, and has no right to distribute the other half of the assets. It's not all property.

If there is no suicide note, then property inheritance is required, I think property inheritance is still quite fair and just, there will be many unreasonable elements in inheritance, such as pampering, such as likes and dislikes, etc., property inheritance, in accordance with the regulations, very good.

If the deceased party did not sign a suicide note before his or her death, then their property will be settled according to the inheritance of the property, and the heirs in the first order of property inheritance will be the deceased party, the other half, parents, and children. The heirs in the second order are, grandparents, grandparents, brothers and sisters. If there is a first-order heir, the second-order heir has no right to inherit.

Therefore, for which party inherits the property of the deceased party, it depends on how many heirs there are, and under normal circumstances, several heirs will be divided equally.

The property must be inherited by the other party, because this is the most direct and intimate relationship, unless some adjustments were made during his lifetime.

Of course, there should be the other spouse to inherit the property, as well as their own children and parents. All three have inheritance rights, but the quotas are not the same.

The property should be inherited by the other party and the other parent, as both the other parent and the parents are the first heirs of the person.

During the marriage, when one of the spouses dies suddenly, the inheritance of property is more complicated. First of all, the property of the deceased party is liquidated, and the personal property is distributed according to the legal inheritance. The remaining part is the joint property of the spouses, half of which belongs to the spouses and does not need to be divided.

The other half can be inherited together with the previous personal property in the order of spouse, parents, children, siblings, grandparents, and maternal grandparents. It can be seen that it is really not simple, and it is not a general matter that there is a spouse to inherit completely, and other people also have to take care of it. However, the premise of this inheritance method is that one of the spouses has not made a will, and if there is a will, it can be distributed according to the will, and there is no need to follow the inheritance law.

Everyone doesn't know who will come first tomorrow or accidents, so many people will make a will when they are alive, so that the division of the estate is relatively clear, and they will not let their relatives and family members fight because of the division of the inheritance. Marriage binds two people together by law, so spouses have a large share of the inheritance. In the event of the death of one of the spouses, the other spouse may immediately inherit a portion of the joint property and then inherit his or her own portion in accordance with the rules of inheritance.

The child is relatively young, and this part of the estate can be managed by one party.

The state has strict regulations on the inheritance of inheritance, and as long as there is a relationship, the judge will make a reasonable distribution and will not let anyone suffer. In fact, many people know that the relationship between themselves and the deceased is not very large, for example, there is no direct relationship between the maternal grandparents or grandparents and the deceased, and they may have taken care of them a little when they were young. These people also have children to support, and there is no need to divide the inheritance at all.

Siblings are also only second-in-line heirs, and can only inherit the estate in the absence of the first-in-line heir.

The heirs listed above are not divided equally, but the first heir is taken care of before the second heir is considered.

As long as the husband and wife are not divorced, the wife or husband is the first in line of succession, and the property should be inherited by the wife or husband, which is the inheritance method prescribed by law.

Property is generally inherited by the partner, if the deceased is generally in favor of the will, then it will be distributed according to the content of the will, if there is no will in the property, it will generally be inherited in accordance with the legal order of succession.

In the event of the sudden death of one of the spouses during the marriage, the property shall be honored for the spouse, children, parents, siblings, grandparents, and grandparents.

Summary. Hello dear, if one of the spouses dies during the marriage, can the children of the deceased spouse's estate inherit? Yes, it can be inherited.

If one of the spouses dies during the marriage, can the children of the deceased spouse's estate inherit?

Hello dear, if one of the spouses dies during the marriage, can the children of the deceased spouse's estate inherit? Yes, it can be inherited.

As the legal heirs of the first line of succession of the parents, the children enjoy the legal inheritance right of the Chunsui clan over the property of the parents. Unless otherwise agreed, when dividing the property jointly owned by the husband and wife, the property jointly owned by the husband and wife shall be generally divided into the property owned by the spouse, and the rest shall be the inheritance of the person who has been inherited and cheated. Sparrow's feast.

Legal Analysis: In the event of the death of one of the spouses, half of the jointly owned property should be divided into the spouse's possession, and the rest should be inherited from the inheritance. When one of the spouses dies, the scope of the estate should be determined first, and then the first heirs of the deceased, such as spouse, parents, and children, shall inherit and divide the estate.

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

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; 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 1127 Inheritance shall be 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.

Legal Analysis: Usury refers to loans that ask for exceptionally high interest rates. It arose at the end of primitive societies, and in slave societies and feudal societies, it was the basic form of credit.

In other words, before the emergence of capitalist society and the establishment of the modern banking system, private lending was at very high interest rates.

Legal basis: Article 680 of the Civil Code of the People's Republic of China prohibits usurious lending, and the interest rate of the loan shall not violate the relevant provisions of the state on filial piety.

If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest.

If the loan contract is not clear about the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local area or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money between themselves, it is deemed that there is no interest.

Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases》 Article 25 Where the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except where the interest rate agreed upon by both parties exceeds four times the interest rate of the one-year loan market at the time of the conclusion of the contract.

The "one-year loan market ** interest rate" mentioned in the preceding paragraph refers to the one-year loan market ** interest rate authorized by the People's Bank of China to be released monthly by the National Interbank Lending Center from August 20, 2019.