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What is the legal heir? Who are the legal heirs

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What is the legal heir? Who are the legal heirs


        

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  • 2024-06-26 13:00:58

    Legal inheritance, also known as intestate inheritance, refers to a way of inheritance in which the scope of the successor, the order of inheritance, and the principle of inheritance distribution are directly stipulated by law. The actual conditions of legal inheritance are mainly as follows:
    1. The deceased did not make a will before his life;
    2. The testamentary successor waives inheritance or the legatee waives legacy;
    3. The testamentary successor loses the right of inheritance;
    4. The testamentary successor and legatee die before the testamentary successor;
    5. The estate involved in the invalid part of the will;
    6. The so-called legal successor refers to the scope of the relatives of the decedent who are entitled to inherit the decedent's estate according to the provisions of the law. According to the provisions of the inheritance law of our country, the scope includes the decedent's spouse, children, parents, siblings, grandparents and maternal grandparents. The so-called spouse refers to the person who kept a marriage relationship with the decedent when he died, That is, the wife or husband of the decedent refers to the direct relatives of blood who have the closest blood relationship with the decedent. According to the provisions of the inheritance law of China, children, including children born in marriage, children born out of wedlock, adopted children and step children with supporting relationships, widowed daughter-in-law who has made major maintenance obligations to parents in law and widowed son-in-law who have made major maintenance obligations to parents in law, are also within the scope of legal heirs, The parents who have equal inheritance rights with the children are the children's closest lineal relatives by blood. They have the right to inherit the children's estate. However, after the children are adopted by others, the rights and obligations between the birth parents and the birth children are immediately relieved. The birth parents and the birth children no longer have the right to inherit each other. The scope of parents includes the birth parents Adoptive parents and step parents who form a supporting and educational relationship with their step children have the right to inherit the estate of their step children. At the same time, they also have the right to inherit the estate of their children. Brothers and sisters are collateral blood relatives with the closest blood relationship, including brothers and sisters with the same parents, half brothers and sisters Adoptive brothers and sisters and step brothers and sisters with dependency relationship, among which step brothers and sisters inherit the inheritance due to the existence of dependency relationship, which does not affect the right of brothers and sisters to inherit the inheritance of their own brothers and sisters. Grandparents and maternal grandparents refer to the lineal relatives of the second parent of the decedent. Among the above legal heirs, China's Marriage Law They are also divided into different succession orders. Spouses, children, and parents are the legal heirs in the first order, and brothers, sisters, grandparents, and maternal grandparents are the legal heirs in the second order. When the heirs in the first order exist, their inheritance is inherited by the heirs in the first order, The successor in the second order can inherit the estate of the decedent only when the successor without the first order or the successor in the first order has completely abandoned or lost the right of inheritance

    K***

    2024-06-26 13:00:58

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