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What to do if both the heir and the heir are gone

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What to do if both the heir and the heir are gone


        

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  • 2024-06-24 00:01:43

    (1) If the first and second order heirs all died before the deceased, then there is no legal sequence heirs. In this case, the deceased's estate is owned by the collective unit or the state to which the deceased belonged.
    (2) If one of the first and second order heirs died after the death of the deceased, the heir's share of inheritance may go through the procedures of subrogation or transfer of inheritance.
    (3) "Succession by subrogation" means that a successor dies after the beginning of succession and before actually accepting the estate, and the legal successor of the successor actually accepts the estate to which he is entitled on his behalf. The transferred heir is the heir of the deceased heir who actually accepts the inheritance. Relevant knowledge:
    1、 What are the provisions of statutory succession
    (1) Article 9 The right of inheritance shall be equal to men and women.
    (2) Article 10 The estate shall be inherited in the following order: first, spouse, children and 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.
    (3) Article 11 Where a child of the decedent dies before the decedent, the direct lineal descendant of the child of the decedent shall inherit in subrogation. In general, a subrogation heir can only inherit the share of the estate that his father or mother is entitled to.
    (4) Article 12 Widowed daughter-in-law who has made major contributions to her husband and mother in law, and widowed son-in-law who has made major contributions to her father-in-law and mother-in-law, shall be the successor in the first order.
    (5) Article 13 Successors in the same order shall, in general, 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, be given no share or a small share. Successors may also be unequal if they agree through consultation.
    (6) Article 14 An appropriate portion of the estate may be allocated to persons, other than heirs, who rely on the decedent to support them and lack the ability to work and have no source of income, or to persons, other than heirs, who support more of the decedent.
    (7) Article 15 Successors shall deal with inheritance issues through consultation in the spirit of mutual understanding and mutual accommodation, harmony and unity. The time, method and share of the division of the estate shall be determined by the successors through consultation. If the consultation fails, the people's mediation committee may mediate or bring a lawsuit to the people's court.

    Sen***

    2024-06-24 00:01:43

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