As most of the post-80s and post-90s who are only children, they will naturally feel that they are the only children of their parents, and if one day their parents are gone, the real estate and property in the parents' names should be inherited by themselves.
But many people often encounter many problems when inheriting the inheritance left by their parents.
One of the most complicated and troublesome is that when distributing the inheritance, it is suddenly found that the seven aunts and eight aunts have jumped out to participate in the division of the inheritance.
Don't believe it, let's take a look at Xiao Wang's case.
Xiao Wang's parents are one of his sons, his father died five years ago and his mother recently died. In addition to the property, the parents left a house worth 4 million yuan.
Xiao Wang wanted to transfer the house to his own name, so he took the real estate certificate and the death certificate of his parents to the real estate bureau to complete the transfer procedures. However, the Housing Authority requires that a notary certificate of inheritance from a notary public or a judgment from the court must be issued before it can be processed.
Xiao Wang had no choice, so he had to go to the notary office to notarize, and the notary office said that Xiao Wang's parents did not leave a valid will, could not prove that Xiao Wang was the only heir, and must find all the people with inheritance rights, take them to the notary office to personally sign the renunciation of inheritance, in order to handle notarization.
Xiao Wang is an only child and the only offspring of his parents, so why is it so difficult to inherit his family's real estate?
There is only one reason, when Xiao Wang's father died, Xiao Wang's grandmother was still alive.
According to the Civil Code, spouses, children, and parents are first-order heirs.
At the time of Xiao Wang's father's death, the house belonged to the joint property of marriage, Xiao Wang's mother owned 1/2, and the remaining 1/2 belonged to the inheritance left by Xiao Wang's father, and there were three heirs: Xiao Wang's mother, Xiao Wang, and Xiao Wang's grandmother. Because there were no wills or special circumstances, the three divided the property equally.
A house is divided into Xiao Wang's mother (1/2+1/6), Xiao Wang (1/6), and Xiao Wang's grandmother (1/6).
After the death of Xiao Wang's mother, no one except Xiao Wang participates in the inheritance, and Xiao Wang can get 1/2+1/6+1/6=5/6 of the property.
If Xiao Wang's grandmother is still alive, you only need to take her grandmother to the notary office to sign a document of renunciation of inheritance.
But Xiao Wang's grandmother has also died, and the problem becomes complicated.
Xiao Wang's father has 3 siblings, 1 brother, 1 younger brother, and 1 younger sister, that is, Xiao Wang's uncle, second uncle and sister-in-law. As the inheritance left by the grandmother, the four children should divide this 1/6 equally, that is, 1/24 of one person. Xiao Wang's father died before his grandmother, and according to the law, Xiao Wang's father's descendant direct blood relative, that is, Xiao Wang, Xiao Wang got 1/24, and Xiao Wang's uncle, second uncle, and sister-in-law each received 1/24.
More complex is yet to come.
Xiao Wang's uncle also died, and he had two sons, so this 1/24 of the uncle's was inherited by two sons, each receiving 1/48. Xiao Wang's second uncle divorced, but after Xiao Wang's grandmother left, Xiao Wang's second aunt and second uncle divided the 1/24 equally.
The inheritance distribution of this property ended up like this.
Is it about to be dizzy.
If Xiao Wang wants to apply for notarization, he needs to call his two cousins, second uncle, former second aunt, sister-in-law and uncle to go to the notary office, and one less person can't do it.
And one of Xiao Wang's cousins also went abroad to work, and it is difficult to return in the short term.
Due to the large number of people and the complicated procedures, Xiao Wang finally handled it through litigation at the suggestion of his lawyer.
Although there were still some twists and turns, fortunately in the end, the inheritance of the entire house was obtained.
If Xiao Wang's parents left a valid will before he died, Xiao Wang would not need to bother so much.
But there are also parents who left a will but distributed their property to others, such as some patriarchal people who wanted to leave their house to their nephews. Or children in big cities who don't have time to take care of their parents, and parents give away some property to their nephews, nephews, or next-door neighbors who often take care of them.
Therefore, there are three situations in which an only child cannot inherit all of his or her parents' inheritance.
1. Parents give their inheritance to outsiders
2. The father died before the grandparents, or the mother died before the grandfather
3. After the death of one parent, the other parent remarries, and the stepfather or stepmother also has the right to inherit.
In addition, if the children were married at the time of the death of the parents, the property inherited by the children is also joint property, unless the parents leave a will designating the inheritance by the children, regardless of the spouse.
After all, a will is still very important, but for children, if the parents do not have the will to keep a will, to talk to the parents about these things seems to be a premeditated possession of the parents' property. If parents are more sensitive, it is inevitable that there will be an argument.
This is also the dilemma of most families, knowing that it will be troublesome in the future, but in order to avoid quarrels, they just watch what they worry about become a reality.