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It depends on whose legacy it is.
If it is the inheritance of the parents and there are only two heirs of the brothers, the inheritance can be renounced before the inheritance begins, and the younger brother will inherit the inheritance of the share of the inheritance.
If there are heirs other than the two brothers, the heirs are required to inherit the estate and then pass it on to the younger brother. Or he left a will, and his younger brother inherited the part of the estate after his death.
If it is the property of the person, it will become an inheritance after the death of the person. If you want to give the inheritance to your younger brother, you can use a will to determine your younger brother as the heir.
Legal basis: Inheritance Law
Article 5: 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, 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.
Article 16: Citizens may make a will to dispose of their personal property in accordance with the provisions of this Law, and may appoint an executor.
A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs.
Citizens may make a will to donate their personal property to persons other than the state, the collective, or the legal heirs.
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Just write a statement of renunciation of inheritance.
1.Renunciation of the right of inheritance is a law in which the heir voluntarily waives the right to obtain the legal inheritance of the decedent without compensation. This act is a true expression of the intention of the heir himself.
2.The renunciation of inheritance rights must be expressed to the other heirs, either in writing or orally, after the commencement of the inheritance and before the disposition of the estate, with effect retroactive to the time when the inheritance began.
3.Renunciation of inheritance is a right of the heir to renounce his inheritance, which is not subject to any conditions, as long as he sincerely renounces it.
4.The declaration of renunciation of inheritance rights may be withdrawn before the disposition of the estate or in the course of litigation, but the people's court shall make a decision on the basis of the reasons put forward.
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Do you have children? Legacy, how old are you? Cherish life. The mind is relaxed, and if you don't have a lot of money, don't talk about inheritance.
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It depends. 1. Generally, uncles cannot inherit father's property, because uncles are second in line to the throne. 2. The uncle belongs to the father's brother, and can only inherit when there is no legal first-order heir or no testamentary succession.
3. After the inheritance begins, it will be inherited by the first-order heirs, and the second-order heirs will not inherit; If there is no first-order heir, the second-order heir shall inherit.
Article 1122 of the Civil Code: Hail is the legal property of a natural person left behind when he or she dies. An estate that is not allowed to be inherited in accordance with the law or according to its nature shall not be inherited. Article 1123 After the commencement of succession, 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.
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Legal Analysis: The younger brother, as the second in line of succession, cannot inherit the elder brother's estate if there is still a first in line of succession. If there is no first heir, you can inherit.
Legal basis: "Heritage Law of the People's Republic of China" Article 36 Where a Chinese citizen inherits an estate outside the territory of the People's Republic of China or inherits the property of a foreigner within the territory of the People's Republic of China, the law of the place where the decedent is domiciled shall apply to the movable property, and the law of the place where the immovable property is located shall apply.
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The younger brother, as the second in line of succession, cannot inherit the elder brother's estate if there is still a first in line of succession. If there is no first heir, you can inherit.
1. How to divide the property after the father's death.
According to the relevant provisions of the Civil Code, if there is no will before his death, his property will be inherited by his legal heirs according to the legal inheritance, and the first order will be the spouse, children, and parents will inherit the estate as the legal heirs, and if there is no first heir, the second heir will inherit the inheritance. The share of inheritance inherited by heirs in the same line of succession shall generally be equal, but heirs who have special difficulties in life and lack the ability to work shall be taken into account 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. However, if the father has a will before his death, the property must be disposed of in accordance with the will.
2. Who is the first heir in line to inherit the parents' estate?
According to the laws of our country, the first heirs of the parents' estate have the following, namely: 1. Spouse; 2. Children; 3. Parents. In addition to the testamentary inheritance of the parents, the heirs in the first line of the above shall divide the parents' estate equally according to the principle of equal inheritance.
If the parents do not have a first-in-line heir, the second-in-line heir carries out the inheritance of the parents' estate.
3. How to divide the estate of the spouse's death.
1. After the death of the spouse, the property left behind belongs to the joint property of the husband and wife, so the property belonging to one of the living spouses in the joint property of the husband and wife should be divided first, which is usually half of the total property.
2. The remaining property and other property of the decedent shall be inherited according to the will as the inheritance of the deceased, and if there is no will, the spouse shall inherit the estate of the deceased together with other first-order heirs.
3. The order of inheritance is: first priority: spouse, children, father and mother. Second in line: siblings, grandparents, maternal grandparents.
After the succession begins, it is inherited by the heirs of the first order, and if there are no heirs in the first order, the heirs of the second order inherit.
Article 1127 of the Civil Code of the People's Republic of China provides that inheritance shall be carried out in the following order: (1) in the first order: spouse, children, parents; (2) Second order:
Siblings, grandparents, maternal grandparents. After the succession 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.
1. Inheritance refers to the transfer of property to others due to death during the lifetime of the deceased as the deceased; The property left behind by the decedent at the time of death is the inheritance; The person who inherits the estate of the decedent in accordance with the provisions of the law or the lawful will of the decedent is the heir; The right of inheritance enjoyed by the heir in accordance with the direct provisions of the law or the legal will made by the decedent is the right of inheritance. >>>More
Although the younger brother is the immediate family member of the elder brother, he belongs to the second order of succession. As long as the elder brother has a wife, children, and parents, he has no younger brother's share. Unless the elder brother makes a will and says that he will give the younger brother so-and-so property, it will not be divided. >>>More
First of all, half of it is the joint property of the parents and the husband and wife, and there is no inheritance, which is the property of the mother. The remaining half is generally divided equally between the mother and the child, provided that the father's parents are gone, and if the father's parents are still alive, they can also be divided.
If there is a dependency relationship, it can be inherited. >>>More
At present, there is no inheritance tax in China, so the taxes and fees that need to be paid for inheriting the house are the most basic stamp duty and production cost, and there is no additional tax on movable property. In addition, although China has abolished the requirement that the inheritance of real estate must be notarized, many real estate bureaus generally recommend that they do an inheritance notarization first for the sake of insurance when handling the inheritance of the house, which also requires a fee. If an agreement cannot be reached, and you have to sue the court for division, you will need to have litigation costs and attorney fees. >>>More