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What is the order of inheritance

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What is the order of inheritance


        

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  • 2024-06-21 16:00:48

    According to the Inheritance Law of the People's Republic of China
    Article 10 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.
    In March, Lin, an old man who had lost his wife for three years, married Liu. Until the death of Lin in January, the two did not create much marital property during this period. Shortly after Lin died, Liu and Lin's children argued over the inheritance of a house before Lin remarried. Lin's children believe that Liu can only participate in the division and inheritance of the common property during the period of their husband and wife relationship with Lin. Lin's personal property before marriage has nothing to do with Liu. In addition, Lin has said many times during his life chat that after his death, the house is inherited by his children, so Liu has no right to inherit the house. However, the final court decision supported the inheritance request of Liu to participate in the division.
    Lawyer Zhao of Tianjin believes that Article 10 of the Inheritance Law stipulates that "inheritance shall be in the following order: spouse, children, parents". Although Liu and Lin are remarried, they do not exclude each other's spouse status, and they have the natural legal inheritance right. On the other hand, the inheritance referred to in the Inheritance Law does not distinguish the generation time of the property, that is, no matter when the property was formed, as long as it was owned by the heir before his death, it should be attributed to the scope of the estate after his death. On the other hand, although Mr. Lin may have said that the house was inherited by his children, this case does not have the conditions for the effectiveness of an oral will, because Article 17 of the Inheritance Law stipulates that "a testator can make an oral will in a critical situation. An oral will should be witnessed by more than two witnesses. If a testator is able to make a will in writing or by audio recording after the emergency situation is relieved, his oral will shall be invalid. " There is no "critical situation" in this case. If the old man Lin intends, he should not make an oral will.

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    2024-06-21 16:00:48

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