【Introduction】
Obviously an only child but unable to inherit all of his parents' inheritance, unrelated outsiders have become the heirs of their parents, is behind all this moral degeneration or the distortion of human nature? Today, I will take you into the law with Mr. Toyo and learn about the things you don't know about inheritance.
【Event Review】
Miss Dong's son is 5 years old this year, and she will soon reach the age of school, but because the family's house is more general, Miss Dong plans to transfer the old and broken small and old in the city center left by her parents to her own name.
Before Miss Dong has heard people say that the inheritance of the house is very troublesome, not only the materials required are also very cumbersome, so the old house left by her parents has not been transferred, anyway, renting out can also subsidize the family.
But now the matter of her son going to school is imminent, even if it is troublesome to Miss Dong, she can only go to the Housing Authority to inquire about the inheritance process of her own property and the materials that need to be submitted.
However, in the process of handling the inheritance transfer, the staff who viewed the materials informed Miss Dong that because the death time of Miss Dong's father was earlier than the death time of Miss Dong's grandfather and grandmother, the heir may now be more than Miss Dong, and Miss Dong needs to provide other materials to prove it, or other heirs sign to give up inheritance before they can handle the transfer.
The staff's words made Miss Dong confused for a while, how could she be an only child's parents and have other heirs? With a skeptical attitude, Miss Dong found one of her lawyer friends for consultation, and after learning about the situation of Miss Dong's family, the lawyer said that the situation of Miss Dong's family was indeed somewhat complicated, and the heir of this house was not only Miss Dong.
Under the answer of her friend, Miss Dong also understood the causes and consequences of the matter.
【Event Analysis】
First of all, we need to first understand the family situation of Miss Dong's family, although Miss Dong is the only daughter in the family, Miss Dong's father has four brothers and sisters, and Mr. Dong (Miss Dong's father) is the third oldest in the family, with an older brother and an older sister above and a younger brother below.
When Miss Dong was thirteen years old, Mr. Dong died in a car accident, leaving his wife and daughter to live together, while Miss Dong's grandfather and grandmother died three years ago, so when Mr. Dong passed away, his legal heirs included: Mr. Dong's wife, Miss Dong and Miss Dong's grandparents.
Legal basis: According to Article 1127 of the Civil Code, inheritance shall be inherited in the following order:
(1) The first order: spouse, children, parents;
(2) Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the heirs of the first order, and the heirs of the second order do not inherit; if there is no heir of the first order, the heirs of the second order inherit.
With the death of Miss Dong's mother, it seems that the inheritance of her parents is only one heir of Miss Dong, but in fact, the share of the inheritance inherited by Miss Dong's grandfather and grandmother will not be "returned" with the death of her grandfather and grandmother, but will become the inheritance of her grandfather and grandmother by their legal heirs, resulting in the "outflow" of the property of Miss Dong's family, as shown in the following figure:
(Picture of Mr. Dong's inheritance)
(Inheritance of Mr. Dong's parents)
Remarks: Although Miss Dong is not the first order heir of her grandfather and grandmother, since Mr. Dong has passed away, Miss Dong can inherit the share of the inheritance that her father should inherit.
Legal basis: Article 1128 of the Civil Code states that if the children of the heirs die before the heirs, they shall be inherited by the blood relatives of the direct descendants of the children of the heirs.
Therefore, the property of Miss Dong occupies 13/16 of the real estate share (of which 1/8 is Miss Dong's share of the property inherited by her father; 1/16 is the share of the property inherited by Miss Dong's subrogation; 1/8 is the share of the property inherited by Miss Dong's mother; 1/2 is the half of the joint property of Miss Dong's mother).
【Solution】
This phenomenon occurs from time to time in life, although some other members of the family can give up inheritance and let the inheritor inherit all the property, but this situation is entirely human, but we can avoid the "outflow" of our own property by making a will.
As mentioned earlier, the reason for this situation is due to the relevant provisions of legal inheritance, and in our country, testamentary inheritance is carried out before statutory inheritance, that is to say, if we make a will to dispose of our estate, then the inheritance will first be inherited according to the content of the will, rather than inherited by the legal heir, so that there will be no "outflow" of property.
Legal basis: Article 1123 of the Civil Code, after the inheritance begins, it shall be handled in accordance with the statutory inheritance; if there is a will, it shall be handled in accordance with the will or bequest; if there is a bequest maintenance agreement, it shall be handled in accordance with the agreement.
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Wen 丨 Dongyou lawyer