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C How to determine the share of inheritance inherited by subrogation

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C How to determine the share of inheritance inherited by subrogation


        

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  • 2024-06-24 00:00:59

    Zhang Laohan had a son and a daughter. His son died in an accident in his early years. His daughter-in-law subsequently remarried his youngest son. Not long ago, Zhang Laohan died of a sudden myocardial infarction, and left behind a property of more than 200000 yuan. The daughter of the old man who had handled his father's affairs was going through the inheritance procedures, but the former daughter-in-law who had remarried from other places came to him, He asked me to divide the inheritance of his former father-in-law and his son to divide his father's inheritance share by subrogation. Zhang Laohan's daughter believed that his elder brother had died many years ago and his sister-in-law had remarried others. Only he was the only legal heir to his father. Both parties went to court to say that after Zhang Laohan's son died, his former daughter-in-law had remarried others, and there was no Inheritance Law Article 12 "He has made major contributions to his father-in-law", so he has no right to inherit the inheritance of Zhang Laohan. However, the grandson of the old man has the right to exercise the right of subrogation. According to Article 21 of the Supreme Law Opinion, "If a stepchild inherits the inheritance of his stepparents, it will not affect his inheritance of the inheritance of his parents." In this case, although the grandson was "remarried with his son" by his mother, Becoming someone else's "stepson" does not affect his right to inherit his grandfather's estate in subrogation to his own father. Therefore, his daughter and grandson have the legal right to inherit the estate of Zhang Laohan. As for the share of inheritance in subrogation, in general, regardless of the number of subrogation successors, there is no limit on the number of generations, Can only inherit the share that the subrogation heir is entitled to inherit, that is, two or more subrogation heirs can only inherit one share of their father or mother, and cannot participate in the equal distribution of the inheritance according to the number of people. With regard to the protection of the weak, Article 27 of the Supreme Law Opinion stipulates that if the subrogation heir lacks the ability to work and has no source of income, or has made major maintenance obligations to the decedent, When distributing the estate, one may divide it into several parts. In practice, the time, method and specific share of the estate shall be studied through consultation by the successors. If consultation fails, the people's mediation committee may mediate or bring a lawsuit to the people's court

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