Does the wife have the right to dispose of all property after her husband s death?

Updated on society 2024-07-13
25 answers
  1. Anonymous users2024-02-12

    Generally, no, because one of the husband and wife dies, the other party is the first heir in line to inherit the property, if there are other heirs in the same line, the right to inherit the estate is equal, and should be inherited together with other heirs, so one of the husband and wife dies, and the other party can only deal with half of what belongs to him and his share of inheritance, not all the property.

  2. Anonymous users2024-02-11

    According to the law, after the death of the husband, the wife has the right to deal with all the finances, but there are special reasons, such as when the husband's parents are still alive, they also have a certain right to deal with it.

  3. Anonymous users2024-02-10

    After the death of the husband, the wife, as the first heir to the inheritance law, is generally entitled to dispose of all property, unless there is a corresponding special will before the husband's death.

  4. Anonymous users2024-02-09

    If the husband does not have a will and the husband has immediate family members, although the wife can inherit most of the family property, the interests of the relatives must be taken into account.

  5. Anonymous users2024-02-08

    After the death of the husband, the wife has no right to dispose of all property, because there are many heirs, such as children. Parents, etc.

  6. Anonymous users2024-02-07

    The wife has the right to dispose of all property, unless the husband dies in a will, and the deceased's spouse has the first right to inherit and then the children.

  7. Anonymous users2024-02-06

    After the death of the husband, the wife has the right to dispose of all property, although the husband's other relatives such as sons and parents also have some authority.

  8. Anonymous users2024-02-05

    No, his wife and his parents have the right to inherit property, which must be agreed upon by mutual agreement.

  9. Anonymous users2024-02-04

    Of course not, because the wife, including the children and the husband's parents, are the first heirs of the husband's property, so the wife has no right to dispose of all the property. Consent from both parents and children is required.

  10. Anonymous users2024-02-03

    Hello, this situation is generally handled by the first heir, that is, their own children, if the children are minors and do not have the ability to deal with them, there will be a wife and husband's parents to deal with it together, I hope to be able to help you, hope.

  11. Anonymous users2024-02-02

    Does the wife have the right to dispose of all property after the death of her husband? This depends on whether you have a will in your account, if you leave a group, it must only be according to the doctor's order, and the joint property of the husband and wife, he may also inherit it from the parents of the children, not all of which are handled by the wife alone.

  12. Anonymous users2024-02-01

    If there is no will, and his parents, spouse, and children have the right to inherit, the wife cannot be the only one to dispose of the property, and if the court needs to distribute it according to the amount, it will be managed according to the share.

  13. Anonymous users2024-01-31

    There is a right. Property is jointly owned by both parties, and after the death of the husband, if the two parties are still married, the wife has the right to dispose of all property.

  14. Anonymous users2024-01-30

    Hello, if after the death of the husband, all property rights belong to his parents and not to his wife.

  15. Anonymous users2024-01-29

    It is possible to dispose of the property within her heir's share.

  16. Anonymous users2024-01-28

    Parents, children, etc. also have certain authority.

  17. Anonymous users2024-01-27

    So after the death of the husband, does the wife have the right to dispose of all the property?

    Because the husband and wife still have their own sons and their own parents, but the wife is the first property in line and may get more, but there is still a part of the property that belongs to his parents or his own children. And it still has to be divided into various situations, which is very, very troublesome. It also depends on whether there is a will.

    Also, if the name of one person is on the title deed, then the house cannot belong to one of the spouses completely, and it is likely to belong to their joint property.

    In short, I think the problem of property division is very troublesome, so many people will choose to hire a lawyer to help divide the property, which is also a good choice, because someone will help you solve this problem. In addition, I think that these properties are all worked hard by your husband and wife, so I think it is necessary for the wife to share a little more property, which is also recognized by law.

    In short, I think these are the troubles of those who have money, and we ordinary people don't seem to have such troubles. If you have any difficulties, I think it is better to hire a lawyer to solve your problems more easily and quickly.

  18. Anonymous users2024-01-26

    Of course there is a right. Because the other spouse is the first order heir of the other party, the wife has the right to dispose of some property if there is no will.

  19. Anonymous users2024-01-25

    There is a right, as long as the two people are not divorced, the wife has the right to deal with all property issues, after all, the property belongs to both parties.

  20. Anonymous users2024-01-24

    The wife does not have the right to dispose of all property, and if the husband dies and leaves a will, the estate needs to be dealt with in accordance with the will.

  21. Anonymous users2024-01-23

    The wife does not have the right to dispose of all property, because the husband's property is also inherited by the children.

  22. Anonymous users2024-01-22

    When the husband dies, his pre-marital property is personal property and should be divided as an inheritance, and there are three methods of inheritance, namely, testamentary succession, inheritance by bequest and maintenance agreement, or statutory inheritance. If there is a will or bequest and maintenance agreement and it is valid, it shall be inherited according to the content specified in the will or bequest and maintenance agreement. If there is no will or bequest maintenance agreement, the legal heirs shall inherit in order.

    The order of inheritance of premarital property is: 1. The heir designated in the bequest and maintenance agreement The husband may sign a bequest and maintenance agreement with the supporter, and according to the agreement, the supporter shall bear the obligation of his birth, support, death and burial, and enjoy the right to receive the bequest. The husband may sign a bequest and maintenance agreement with the collective ownership organization, according to which the collective ownership organization shall bear the obligation of his birth, support, death and burial, and enjoy the right to receive the bequest.

    2. Heirs designated by will The husband may make a will to designate one or more persons to inherit by the legal heirs, and may make a will to donate personal property to the state, the collective or someone other than the legal heirs to inherit. 3. Legal heirs In legal inheritance, the first heirs are inherited, and if there is no first-order heirs, then Zhaomin is inherited by the second-order heirs, and the order is as follows: 1

    spouse, children, parents; 2.Siblings, grandparents, maternal grandparents.

    Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party. Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, it shall be handled in accordance with 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 stepfathers and mothers who have 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. Article 1133 of the Civil Code of the People's Republic of China: Natural persons may make a will to dispose of their personal property in accordance with the provisions of this Law, and may appoint an executor.

    A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs. A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs. A natural person may establish a testamentary trust in accordance with the law.

  23. Anonymous users2024-01-21

    Does the husband have the right to dispose of the marital property after the death of the wife? After the death of the wife, the part of the wife's property becomes the inheritance, and if there is no will, it must be distributed according to the principle of legal inheritance. The husband does not have the right to dispose of the joint property of the husband and wife.

    Article 10 The inheritance shall be carried out in the following order: the first order of the Zen lineage: spouse, children, and 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 inherit;

    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.

    What is joint property of husband and wife: Joint imitation property of husband and wife refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife. The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife.

    Husbands and wives have equal rights to dispose of jointly owned property. The consent of the spouse is required for the disposition of property by one of the spouses during the existence of the spouse. Is this an easy explanation?

  24. Anonymous users2024-01-20

    In the case of marital property, after the sudden death of the husband, not all of the property belongs to the wife, but half of the joint property belongs to the husband, and the other heirs have the right to inherit this part of the property. According to the regulations, the estate is inherited in the following order:

    1) First order: spouse, children, parents; Children, including legitimate children, children born out of wedlock, adopted children and dependent stepchildren. Parents, including biological parents, adoptive parents, and dependent stepparents.

    2) Second order: siblings, grandparents, maternal grandparents. Siblings, including siblings of the same parents, half-siblings, adoptive siblings, and step-siblings in a dependent relationship.

    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 to inherit the wheel, it will be inherited by the second-order heir.

    1. How to sue for inheritance and conflict after the sudden death of the husband and wife?

    1. Prepare civil pleadings.

    2. Go to the people's court with jurisdiction to file a lawsuit and submit relevant evidence.

    3. Attend and participate in litigation activities on time in accordance with the notice of the people's court.

    4. If you are not satisfied with the judgment or ruling of the first instance, you should file an appeal with the people's court of the original trial or the people's court at the next higher level within 15 days after receiving the judgment or within 10 days after receiving the letter of decision, and submit an appeal petition.

    2. What are the conditions for filing a lawsuit for inheritance disputes after the sudden death of the husband of the husband of the marital property?

    1. There is a clear defendant;

    2. There are specific litigation claims, facts and reasons;

    3. It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit;

    4. The plaintiff is a citizen, legal person or other organization that has a direct interest in the case.

    3. What are the litigation costs for inheritance disputes after the sudden death of the husband and wife?

    1) Case acceptance fees;

    b) Application fee;

    3) Transportation expenses, lodging expenses, living expenses, and compensation for lost work incurred by witnesses, evaluators, translators, and adjusters appearing in court on the date designated by the people's court.

  25. Anonymous users2024-01-19

    Legal analysis: Depending on the circumstances, when the property jointly owned by the husband and wife is divided, unless there is an agreement, half of the jointly owned property shall be divided into the spouse's property first, and the rest shall be the inheritance of the decedent.

    Legal basis: Article 1153 of the Civil Code of the People's Republic of China When dividing the property jointly owned by the husband and wife, unless there is an agreement, half of the jointly owned property shall be divided into the spouse's property, and the rest shall be the inheritance of the decedent. If the inheritance is in the common property of the family and the field, the property of others shall be divided first.

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