Enquiring knowledgeable people Inquisitive education Hospital Treasury

How brother and sister inherit the house when their parents die

home page

How brother and sister inherit the house when their parents die


        

Submit answer
Favorable reply
  • 2024-06-06 00:00:01

    Property can be inherited by testament or statutory inheritance. If their parents made valid wills before their death, they shall inherit in accordance with the will. In the absence of a will, inheritance shall be in accordance with the law. After the beginning of the legal succession, the successor in the first order shall inherit, and the successor in the second order shall not inherit; If there is no successor in the first order, the successor in the second order shall inherit. Among them, the first order includes spouse, children and parents, and the second order includes brothers and sisters, grandparents and maternal grandparents. The right of inheritance is equal between men and women, and heirs in the same order should generally inherit equal shares of the estate.

    1、 Materials required for handling legal inheritance include:

    1. Death certificate of the decedent (valid in police station, hospital or crematorium)

    2. Proof of the object of the property of the decedent (for example, for movable property, the bank card, stock, social security card and other materials should be taken; for immovable property, the land use certificate, housing management certificate and other materials should be taken).

    3. Proof that the decedent signed a bequest maintenance agreement with others if he or she had a will before his or her life.

    4. Proof of the decedent's marital relationship, whether he has adopted children or stepchildren.

    5. Proof of the decedent's parental relationship.

    6. Declaration of Abandonment of Heritage written by the person who abandoned the estate

    7. ID card, household register and marriage certificate of the heir.

    2、 The legal share of inheritance is as follows:

    1. Successors in the same order shall generally inherit in equal shares.

    2. When distributing the estate, consideration shall be given to heirs who have special difficulties in life and lack the ability to work.

    3. When distributing the estate, a successor who has made major contributions to the decedent or who lives with the decedent may receive a larger share.

    4. If successors who are able and qualified to support them fail to fulfill their obligations, they shall, at the time of distributing the estate, be given no share or a small share.

    5. Successors may also be unequal if they agree through consultation.

    [Legal Basis]

    Article 1127 of the Civil Code of the People's Republic of China states that inheritance shall be in the following order:

    (1) First order: spouse, children, parents;

    (2) The second order: brothers and sisters, grandparents, maternal grandparents.

    After the beginning of succession, the successor in the first order shall inherit, and the successor in the second order shall not inherit; If there is no successor in the first order, the successor in the second order shall inherit.

    The term "children" as used in this Part includes legitimate children, illegitimate children, adopted children and step children who are dependent.

    The term "parents" as used in this Part includes biological parents, adoptive parents and step parents who are dependent on each other.

    The term "brothers and sisters" as used in this part includes brothers and sisters of the same parents, half brothers and half sisters, adoptive brothers and sisters, and step brothers and sisters who have supported each other.

    I***

    2024-06-06 00:00:01

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):