Enquiring knowledgeable people Inquisitive education Hospital Treasury

How to distribute the deceased husband's estate

home page

How to distribute the deceased husband's estate


        

Submit answer
Favorable reply
  • 2024-05-31 14:00:50

    The distribution proportion of the husband's deceased estate shall be executed according to the valid will if there is a will, and the legal inheritance if there is no will.

    In legal inheritance, in general, if the man dies, unless otherwise agreed, half of the joint property shall be distributed to the spouse first, and the rest shall be the inheritance.

    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 a child of the decedent dies before the decedent, the direct younger blood relatives of the decedent's children shall inherit in subrogation.

    If the decedent's brother or sister dies before the decedent, the children of the decedent's brother or sister shall inherit in subrogation.

    Widowed daughter-in-law who has made major contributions to their parents in law, and widowed son-in-law who has made major contributions to their parents in law, shall be the first in line heirs.

    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 in life 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.

    At the time of division of the estate, the share of the unborn child shall be retained. If the fetus is dead at the time of delivery, the reserved share shall be handled according to legal inheritance.

    An appropriate portion of the estate may be allocated to persons other than heirs who rely on the decedent for their support, or to persons other than heirs who support more of the decedent.

    [Legal Basis]

    Article 1130 of the Civil Code states that the heirs in the same order shall generally inherit equal shares of the estate. When distributing the estate, consideration shall be given to heirs who have special difficulties in life 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.

    Su***

    2024-05-31 14:00:50

  • civil Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):