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Can the only child inherit all the inheritance from his parents?
As the post-80s and post-90s generation, most of them are only children. Many people think that I am the only child in my family, and my parents' legacy must belong to me personally. If you think so, you may suffer a big loss.
There is such an incident: A is the only daughter of her parents, and her father left a house of 135 square meters in Hangzhou before her death. Both parents died in a car accident, and only grandparents were still at home. A wanted to transfer the house to his own name, but A went to the Housing Authority with the real estate license and the parents' death certificate to request the transfer, and was rejected. The reason is that the property is not entirely hers.
Many people were shocked to see this. My parents only have one child. Why can't they all have houses for me? Don't refuse to obey, in fact, this is stipulated by law. An only child may not inherit all the inheritance of his parents. In addition to children, the first-class heirs of parents' inheritance also include parents, namely grandparents and grandparents. If the grandparents die or give up inheritance, the only child can inherit all the parents' inheritance.
Therefore, if parents want their only child to inherit the inheritance completely, the best solution is to make a will. In the eyes of many people in China, it is bad and unlucky to make a will, but it can be dealt with afterwards. Avoid heritage disputes and other aspects to play an important role. By making a will, you can dispose of your property according to your own wishes, and you can also avoid family disputes caused by rabbit daughters and relatives competing for inheritance.
Article 127 of the Civil Code: Inheritance shall be carried out in the following order.
1, first order: spouse, children, parents.
2, the second order: brothers and sisters, grandparents, grandparents.
After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order. The so-called children include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency. The so-called parents, including biological parents, adoptive parents and adoptive parents. Brothers and sisters include half-brothers or half-brothers.
Brothers and sisters, foster brothers and sisters, and stepbrothers and sisters with dependent relationship. Article 129 of the Civil Code: A widowed daughter-in-law has done her main duty to support her in-laws, and a widowed son-in-law has done her main duty to support her in-laws, so she is regarded as the first heir. Article 132 of the Civil Code, the heirs shall handle the issue of inheritance through consultation in the spirit of mutual understanding, mutual accommodation and harmony.
The time, method and share of inheritance division shall be determined by the heirs through consultation; If negotiation fails, the people's mediation committee may mediate or bring a lawsuit to the people's court.
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