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How to inherit brothers' inheritance

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How to inherit brothers' inheritance


        

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  • 2024-06-26 15:00:57

    In accordance with the provisions of the Law of Succession, brothers are the legal successors in the second order. When the decedent dies, if he left a legally valid legacy maintenance agreement or will, inheritance shall be handled according to the legacy maintenance agreement or will; If there is no legal and valid legacy maintenance agreement or will left before death, inheritance shall be handled in accordance with legal inheritance, that is, inheritance shall be carried out by the first order heirs, namely spouse, children and parents. The heirs in the second order, namely brothers and sisters, grandparents and maternal grandparents, do not inherit. If there is no successor in the first order, the successor in the second order shall inherit. Therefore, if a brother dies, if there is a legacy maintenance agreement or will, inheritance shall be handled according to the legacy maintenance agreement or will; If there is no legacy maintenance agreement or will, the estate shall be inherited by the spouse, children and parents of the decedent. Brothers as the second order heirs have no inheritance right. If the decedent has no spouse, children or parents, the brother may inherit the estate with other successors in the second order. Successors in the same order shall generally inherit in equal shares. When distributing the estate, consideration shall be given to heirs who have special difficulties and lack the ability to work. 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. If successors who are able and qualified to support them fail to fulfill their obligations, they shall, at the time of distributing the estate, give no or a small share. Successors may also be unequal if they agree through consultation.
    Legal basis:
    Article 10 of the Inheritance Law of the People's Republic of China
    The estate shall be inherited in the following order:
    First order: spouse, children, parents.
    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 mentioned in this Law includes legitimate children, illegitimate children, adopted children and step children who are dependent on them.
    The "parents" referred to in this Law include biological parents, adoptive parents and step parents who have supported or supported them.
    For the purposes of this Law, "brothers and sisters" include 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.

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