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Questions about inheritance

When there is a will, the deceased's estate is generally distributed according to the contents of the will.

If only the spouse is still alive (still alive) at the time of the decedent's death and there are no children or descendants, the spouse inherits all the property of the decedent as the sole heir.

If the deceased leaves a spouse and children when he dies, his spouse and children must share the property equally.

If the deceased's children died before the deceased's death, and the deceased children left children (that is, the deceased's grandchildren), the deceased's spouse must share the deceased's property equally with his children and grandchildren.

However, no matter how many children and grandchildren the deceased has, the share that the spouse of the deceased should inherit shall not be less than one-third.

For example, Wang and Zhang have three children, Wang Er, Wang San and Wang Si.

Wang Er and Wang San each have two children (i.e., the grandsons of Wang and Zhang).

However, Wang Er died of illness before Wang died, leaving behind his spouse and one child.

If Wang dies without leaving a will, Wang's inheritance will be distributed among Zhang, Wang San and Wang Er's children.

In this way, Zhang, as the spouse of the deceased, can get one-third of the property, Wang San and Wang Si can get two-ninths of the property, and the two children of the deceased Wang Er can equally share one-ninth of the property.

If the decedent dies without a spouse, the decedent's surviving children share the decedent's property equally.

If the deceased had children who died before him, but the deceased children left children (grandchildren), the grandchildren will be allocated the share due to their deceased father or mother.

For example, the deceased had no spouse when he died, but only two daughters and two children (grandchildren) by his deceased son.

In this way, when the deceased dies, one-third of his property belongs to the first daughter, one-third to the second daughter, and one-third to the two grandsons (each gets one-sixth).

If the deceased has no spouse, children, or grandchildren to inherit the property when he dies, the deceased’s parents will share the deceased’s property equally.

If only one parent is alive, the surviving parent inherits all property.

If the decedent dies without a spouse, children or grandchildren, the decedent's property is divided equally among the decedent's brothers and sisters.

If a sibling predeceased the deceased, the children of the deceased sibling shall share equally the share of their deceased parent.

If the deceased has no surviving brothers or sisters at the time of his death, the property will be divided equally among the nephews and nieces of the deceased.

If a nephew or niece dies before the deceased, the children of the deceased nephew or niece shall share equally in the share of their deceased parent.

For example, if the deceased has two sisters and the sons (nephews) of the deceased's brother, the two sisters will each get one-third, and the sons of the deceased brother (there may be several) will allocate one-third of their father's share.

If the deceased has no siblings alive when he dies, but only two children (grandnephews and nieces) left by his deceased sister and five children (grandnephews and nieces) left by his deceased brother, these seven grandnephews and nieces will only get one-seventh.

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If the deceased has no living brothers, sisters, nieces, and nephews, and if the deceased’s grandparents are still alive, the deceased’s grandparents will share the deceased’s property equally.

Only one of the deceased's grandparents is alive, and the living grandpa or grandma inherits all the inheritance.

If the deceased has no living grandparents or other close relatives.

The living uncles and aunts of the deceased share his estate equally.

The children of the deceased uncle and aunt (that is, the deceased's cousins) share equally the share of their deceased parents.

If no uncle or aunt is still alive when the deceased dies, the surviving cousins ??share the estate equally.

For example, if the deceased had an aunt who was alive when he died, and an uncle has passed away, but the uncle has two sons who are still alive, one-half of the property will be divided equally among the cousins ??of the deceased, and each of the deceased's aunts will get one-half of the property.

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However, if the deceased's uncles and aunts are both dead, and each of the uncles and aunts has three children, who are the deceased's cousins, each of these six cousins ??will receive one-sixth of the inheritance.

If the deceased does not have any heirs, including no living heirs, no living heirs found, living heirs unable to inherit the property, etc., after certain legal procedures, the deceased’s estate will be given to the local county board of education for use.

Education fund.

The above situations occur when the deceased did not leave a will or the will is defective or even invalid.

If there is a will, the deceased's property is generally handled according to the instructions in the will.

Therefore, if you have special arrangements for your property, you should prepare a valid will so that future generations can understand the testator's wishes.

For example, a grandfather wants to leave a property to his grandchildren. If there is no will, the grandchildren will hardly get any property according to the property distribution order above.

If the will specifies how much the grandchildren will receive, they will definitely get it.

If you want to make a gift to other individuals or organizations through a will, you must also use a will.