There are 2 sons in the family, and 1 son dies, how to divide the parents house?

There are two sons in the family, and one son has died, so the parents' house, as an inheritance, should be shared by both sons, and if one son dies, his children can inherit it on his behalf.

There are two sons in the family, one son has died, the parents' house should be the other son's, he can inherit all the family property, because they have two sons, since one son has died, it means that now there is only one son, still alive, if the parents are alive, then the parents' house is of course the inheritance of this one son, if the parents are still alive, then the house is still the parents' own. In fact, the parents are left with a son, and this son, of course, has all the inheritance rights to inherit the parents' house.

Brother-german. If the deceased son has children, the house should be divided with his children, if the son's wife remarries, and the children are taken away, they will be given a little less, and if the children stay at home, they will not be less, this is brotherhood, even if he is gone, he cannot treat his children badly.

If the parents did not leave a will, it is a legal succession, testamentary succession can be by anyone, the legal succession is a spouse and children, and subrogation occurs in the case of the death of one of the sons, which can be inherited by the deceased's spouse and children.

The family has two sons, the eldest son has died, if he has direct descendants, then his descendants can be subrogated, that is to say, his death will not affect his inheritance, and his descendants will exercise the inheritance rights instead of him. If there is no will left at the time of the death of the parents, it must be implemented in accordance with the legal inheritance, and the first order of legal inheritance includes the spouse, children, and parents. If the parents of the parents, that is, the grandparents and grandparents, are no longer alive, then only the two sons are the heirs, and each of them will share it equally.

If the deceased son has children, then the sons of this son also have the right to inherit, which is equivalent to two sons inheriting together. This is called subrogation. Subrogation is a kind of inheritance system corresponding to the standard succession, and it is a special case of legal succession.

It refers to a legal inheritance system in which the descendants of the decedent's children inherit the decedent's estate instead of the elder direct blood relatives who died first when the children of the decedent die before the decedent, also known as indirect inheritance and lease inheritance. The heirs who die before the decedent are called the subrogated heirs, referred to as the subrogated person. A person who inherits the estate in place of the subrogated person is called a subrogated heir, referred to as a subrogator.

The right of the subrogator to inherit the estate in place of the subrogated person is called the right of subrogation.

Legal analysis: 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; If there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

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

Article 1123 After the commencement of the succession attack, 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. The term "children" as used in this series includes legitimate children, illegitimate children, adopted children, and stepchildren who have a dependent relationship.

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.

Summary. Kinkin, property refers to the possession of money, materials, houses, land and other material wealth: state property, private property, with monetary value, and the general term of rights protected by law.

Broadly speaking, there are three types of property, namely movable property, immovable property and intellectual property. The concept of property rights is different from ownership, which is one of the many attributes of property rights, for example, for air, a person may not have the ownership of the air, but a person can have the right to emit a certain amount of pollutants into the air, and this right is bound and <>protected by the law

<> both parents died, and two of the three sons died, and the deceased son had children, and how to divide the property.

Dear, I am happy to answer for you that both parents have died, two of the three sons have died, and the deceased son has a child, and if there is no will, the inheritance will be divided according to the legal loss of repentance: if the old man's parents have died, then the old man's estate should be inherited by one-fifth of the spouse and four of the children of Lufan<>

<> property refers to the possession of money, materials, houses, land and other material wealth: state property, private property, and the general term for rights that have monetary value and are protected by law. Broadly speaking, there are three types of property, namely movable property, immovable property and intellectual property.

The concept of property rights is different from all the rights of Nazen, which is one of the many attributes of property rights, for example, for the air, a person may not have ownership of the air, but a person can have the right to emit a certain amount of pollutants into the air, and this right is bound and <>protected by the law

The second daughter-in-law has no right to inherit the property, but her children can inherit it by subrogation.

Inheritance Law of the People's Republic of China.

Chapter II Statutory Inheritance.

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.

Article 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.

Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who lack the ability to work who have special difficulties in life 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 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs.

Article 15 The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

If the second son has children, he can inherit on his behalf.

In principle, the second daughter-in-law cannot inherit, but if the second son has fulfilled the main maintenance obligation after the death of the second son, she can claim to inherit one.

If the second son has no children, he can't divide the property.

My mother is still alive now, the house belongs to my mother, and even if the inheritance is distributed after my father's death, the order of inheritance is the spouse first, and then the children. If the second son has died, the right of inheritance can be inherited by his children in the form of subrogation, and if he is still a minor, his guardian has the right to keep the inherited property.

The two upstairs have already answered very clearly, but if the old lady specifies who the house is to, then there is no one who inherits it The old lady said that whoever is is whom, but say more than one Don't hurt the harmony for a house A house is just a family or a relative Listening to the tone, I feel that you are the eldest son The second son is gone, and the child is still there It's all the same, isn't it.

Hello. According to the relevant provisions of the Marriage Act and the Inheritance Act, the house is the joint property of your parents.

Your father has passed away and his share of the property in the house becomes his inheritance and is inherited by his heirs.

According to the law, your father's heirs are his parents (your grandparents), spouse (your mother), and children, all of which are in the first order.

If your grandparents died before your father, their inheritance rights are not considered.

Since the second son died before his parents, if he had children, his right of inheritance was exercised by subrogation by his children. At this time, his children become first-order heirs, and the inheritance rights are equal to those of other first-order heirs.

In addition, if the second daughter-in-law has fulfilled the main obligation of support to her in-laws, she shall be the first-order heir, and the inheritance rights shall be equal to the other first-order heirs.

To calculate in detail how your estate will be distributed, you must be more clear about your family situation.

If you don't understand, you can QQ me. See my profile for the number.

Who the owner of the house is has nothing to do with who the house belongs to. The head of the household is the hukou, and the ownership of the house is the ownership.

Under normal circumstances, if the two sons are the owners of the house, the head of the household will be the eldest son, but if the eldest son is unmarried, the family members can also negotiate and report to the police station. If the house is determined to be in the name of one person, the person who acquires the house should be the head of the household.

If both parents pass away, grandparents and grandparents also pass away, and the parents only have 2 sons and no daughters, the house will be inherited by the 2 sons.

First of all, the will, if there is no will, it is jointly owned by 2 people.

There is no will, of course it is big