If an elderly person remarries and dies in a pre marital property, does the other party have the rig

1.As long as the marriage certificate is obtained at the time of remarriage, and the old man does not leave a valid will and bequest maintenance agreement to deal with the estate, the other half has the right to inherit.

2.Regardless of whether it is a pre-marital property or half of the joint property of the husband and wife after the marriage, it is the inheritance of the elderly, and if the old man leaves a valid will or bequest maintenance agreement to deal with these inheritances, he will inherit according to the will or bequest maintenance agreement.

3.In the absence of a valid will and bequest maintenance agreement, the heirs of the elderly's estate include: the wife who remarried and received a marriage certificate, all the children of the elderly, and the surviving parents of the elderly.

4.The inheritance rights of the other spouse are equal to the other heirs.

5.The house is the pre-marital property of the remarriage, then the house is all as an inheritance.

If it is a property that they acquire after marriage, half of the house must be divided among the spouses first, and the remaining half can be used as the inheritance of the elderly.

Of course, there is the right of inheritance.

If there is no will for the decedent's property, then the statutory inheritance applies. The first in line of legal succession are: spouse, children, parents. (As long as the old man did not divorce his remarried wife before his death, then the remarried wife has the right to inherit the property).

It is important to clarify here that although the property is not the joint property of the husband and wife, the other spouse has the right to inherit the estate in the event of the death of one spouse, unlike in the event of divorce, the spouse has no right to claim the division of the other person's personal property. Only marital property can be divided.

Have the right to inherit. The premise is to get a marriage certificate with the elderly. If a person dies, the spouse has the right to inherit his legal estate, the pre-marital property is the legal property left by the old man, the spouse can inherit, and his children also have the right to inherit, if the property is the joint property of the old man and his ex-wife, then the current spouse has the right to inherit only half of the real estate enjoyed by the old man, and this half of the property needs to be inherited by the old man's current spouse and children.

If there is no will, there is of course the right of inheritance according to the statutory inheritance.

If you are married, you are the spouse, the first-order heir, regardless of whether the property is before or after marriage, as long as it is the person's inheritance, there is no will, and it will be inherited according to the law.

If the elderly are remarried, and they have already obtained a marriage certificate, then the marriage will be protected by law. According to Article 1127 of the Civil Code.

The estate is inherited in the following order: first order: spouse, children, parents. Therefore, if an old man remarries, after the death of one party, the other party certainly has the right to inherit the estate.

In this case, it is first necessary to determine whether there is an agreement between the parties at the time of remarriage, and whether the deceased old man has left a will according to law.

If there is no agreement between the parties at the time of remarriage, and the deceased deceased does not leave a will, the remarried spouse has the right to inherit part or all of the property as the first heir.

According to the Marriage Law, pre-marital property belongs to the individual, but the property is an inheritance, and if there is no heir designated, his spouse, children, and parents have the right to inherit, and you, as his spouse, can inherit part of the property.

Since the old man is remarried, if they have received a marriage certificate, the marriage will be protected by the law, and after the death of one party, the other party will of course have the right to inherit the estate.

I can inherit it. At the time of divorce, the premarital property is not regarded as the joint property of the husband and wife, whose premarital property still belongs to whom, but after the widow, the property of the deceased is the inheritance, and the spouse can inherit it, unless the deceased has a will, then it will be done according to the will, and the intestate spouse and children are the first-order heirs, and the premarital property of the deceased can be equally divided.

If there is no will for the elderly to remarry and go to the pre-marital property, the children, parents, and spouse are the heirs in the first order, and the will is protected by law according to the will.

According to the Marriage Law, the spouse has no right to inherit the property before marriage, regardless of the first marriage, and here, his other half has no right to inherit the property.

If one of the young couples dies, the first heir is his lover. He has the right to dispose of his property, (including the house).

The spouse of a remarried elderly person has the right to inherit the pre-marital property.

An inheritance is a personal legal property left behind by a citizen when he or she dies, including: the citizen's income; Citizens' houses, savings and household goods; citizens' forests, livestock, and poultry; citizens' cultural relics, library materials; The law allows citizens to own the means of production; property rights in citizens' copyrights and patent rights; Other legal property of citizens.

Hello, you asked the old man to remarry, before his death the property. Does the other party have the right to inherit? First of all, you have to look at the property, if it is a pre-wedding property.

The other party has no right to inherit. If the property is after marriage. Then the other party has the right to inherit.

If there is a suicide note, the property left for the other party. That's going to take effect. You can inherit it.

I think it depends on seeing each other and getting a marriage certificate, plus if one party goes first, the other party has the right to inherit.

If the elderly remarry and die before the marriage, it depends on how they arrange it, and you can consult a lawyer.

Personally, I think that if two elderly people remarry, and suddenly one party dies for some special reasons, the other party must have the right to inherit, after all, they are legally recognized as a legal couple, which is beyond doubt.

Elderly remarried couples are also legalized within the scope of the law and enjoy the same inheritance rights and <> as first-married couples

First of all, no matter what age they remarry, no matter how long they have been married, as long as they have applied for a marriage certificate with the relevant civil affairs agency in accordance with the laws of our country, then they are husband and wife in the legal sense, and the relationship between husband and wife is protected by law, and they also enjoy all the rights and interests of property division between husband and wife as stipulated by law.

The property of an elderly remarried couple is a product of a psychological imbalance for the children<>

As we said above, in the legal sense, one of the remarried couples has the right to inherit the property of the other party, but in fact, in our real life, there is often a tragic situation where one party dies and the other party is directly kicked out of the house by the other party's children, let alone inherit the other party's family property. <>

Personally, I think that the main reason for the existence of this phenomenon is that our cultural and historical heritage is determined by thousands of years, and we all believe that the assets or debts of parents should be inherited by children. On the other hand, it is mainly the elderly who do not do a good division of property before marriage or death, which leads to this tragic situation. <>

To solve this dilemma, I personally believe that the elderly can divide some of the corresponding property to their children as early as possible before remarrying and write it clearly in person. This can also make a will in advance when you feel bad to protect the legitimate rights and interests of your other half.

How should the property of the remarried elderly be divided?

Personally, I think that whether it is from the legal level or from the moral point of view of society, we still hope to pay attention to a reasonable distribution method for the elderly in their old age, especially the property division of the elderly who are relatively strong in economic strength, so that their old age will not be too bleak. In short, as a child, you should not be too greedy for the property of the elderly, nor should you act with a clear conscience, think twice before acting, and have a clear conscience, worthy of your parents and conscience.

As long as two people get married, the other party has the right to inherit, because the two people are legally married, so the old man's property also has the other half.

Hello. A lawyer is at your service.

There is a right. Have the right to inherit. The husband's pre-marital property belongs to the husband's personal property, and after the husband's death, in the absence of a will, the husband's estate shall be inherited in accordance with Article 10 of the Inheritance Law.

Article 10 of the Inheritance Law stipulates that the spouse is the first in line of succession, so the second wife (who must register the marriage) is entitled to inherit the husband's estate. Inheritance Law: Article 10 The inheritance of inheritance shall be 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.

Generally speaking, if the old man does not leave a will after his death, then after the old man dies, the other party has the right to inherit.

Of course there is, and this person is the first in line of succession.

Hello, according to your description, according to the law, there is no difference between the remarriage of the elderly and the remarriage of the young, that is, if the elderly apply for a marriage certificate, and one of the parties dies, then the other party has the right to inherit.

First, inheritance is personal property, not joint property.

2. Premarital property is personal property.

3. If the joint property has not been divided and the individual part is confirmed, it needs to be determined before it can be inherited.

If the old man chooses to remarry and then dies again, then the old man's property before marriage is the inheritance, and at this time, the current spouse is the first heir of the old man, so the other party has the right to inherit!

Since it is the property before the old man remarries, the other party has no right to inherit it, unless the old man leaves a will.

1.Some. 2.Because the elderly remarry, from the moment they receive the marriage certificate, they have a marriage relationship in the legal sense, so both the old husband and wife have the right to inherit property from each other.

3.When one of the spouses dies, if the deceased does not leave a valid will, the other party has the right to inherit the property, because the law stipulates that the deceased's spouse (remarried couple), children and parents are the first heirs. Therefore, the other party has the right of inheritance.

is the right to inherit property belonging to the other party.

Summary. The remarriage of the elderly means that both parties are the legal spouses of the other party, and of course have the right to inherit the other party's estate as the first heir.

This other party's inheritance includes their inheritance after and before their marriage.

This is two different things from the provisions on pre-marital property at the time of divorce.

If an elderly person remarries and dies in a pre-marital property, does the other party have the right to inherit?

Hello, the legal consultation cooperation law firm is at your service, your question has been received, the current number of consultations is large, please wait for two minutes Oh dear, pro is helping you solve the problem.

The remarriage of the elderly means that both parties are the legal spouses of the other party, and of course have the right to inherit the other party's estate as the first heir. This other party's inheritance includes their inheritance after and before their marriage. This is two different things from the provisions on pre-marital property at the time of divorce.

If the pre-marital property is the personal property of the husband, it will be inherited as the husband's estate after the death of the husband. If the man has a will, and the will lists the woman as the heir to the will, the woman has the right to inherit. If there is no will, the inheritance shall be carried out in accordance with the legal order, and the woman shall have the right to inherit as a spouse.

1. How much inheritance can the mother receive when the son dies.

When a son dies, how much inheritance the mother can receive depends on the specific situation. If the child has a will to appoint an heir, the inheritance needs to be executed in accordance with the will, in this case, as long as the will does not specify the parents to inherit, the parents do not have the right to inherit and the share of the inheritance. If there is no will, the mother can receive a share of the inheritance according to the legal inheritance, and the children and spouses in the same order can be divided equally.

2. Whether the stepmother can inherit the property.

Whether a stepmother can inherit her father's estate depends on the form of inheritance:

1. Whether the father has a will, bequest or bequest maintenance agreement, if the father designates an heir in the will, bequest or bequest maintenance agreement, the stepmother shall inherit in accordance with the content of the will, bequest or bequest maintenance agreement;

2. If there are no such forms of inheritance, then it will be carried out in accordance with the legal inheritance, and the stepmother, as the spouse of the father, belongs to the legal first-order heirs and enjoys the right of inheritance according to law, at this time, the stepmother can jointly inherit the father's estate with other first-order heirs in accordance with the law.

3. Whether parents have the right to inherit their children's estate.

Parents have the right to inherit their children's estate. The specific regulations are as follows:

1. Parents are the first-order heirs. After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance;

2. If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest;

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

4. If there is no will, the estate shall be inherited in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

Civil Code of the People's Republic of China

Article 1123:After the commencement of succession, 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. 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.