1. Unable to process. Because there is no transfer, because the child has no property rights, when he wants to dispose of it, he can't do it, whether it is buying or selling or renting.
2. hidden dangers of disputes. There may be disputes between heirs, and many people will be involved! There seems to be nothing wrong with the children who are alive now, but can we guarantee that only the children who are alive now are the heirs? Can you guarantee that if something happens to the child, there will be no other legal heirs? Buried many hidden dangers! And it turns out, don't think about human nature until you earn property!
3. Housing reform compensates for the trouble. Whose compensation should I take when the house is demolished? The child is not the property owner, and the property owner has passed away. Isn't there no owner? Don't say it until then. It's too late to cry.
No matter whether one parent dies or one parent dies, it is necessary to handle family affairs before inheriting, remember! The specific method is simple:
1. If there is no dispute, go to the notary office to notarize the inheritance right, and take the notarial certificate to the real estate registration center to handle the transfer. As for the notarized materials, I'm sorry, there are quite a lot, and some of them are wonderful. For example, how do you prove that you are the child of your parents? Grandpa is long gone. Where can I get a death certificate? I can't help it The inheritance law stipulates that all heirs must have proof of identity and relationship. In terms of fees, it is understood that notary fees in different provinces and cities are different, so you can consult the local authorities.
2. Controversy, in other words, if multiple heirs have objections to the ownership of property, then they have to go through litigation, and there is no other way.
To sum up briefly, transfer is necessary unless you don't care about the house! And it must be finished as soon as possible!
After the death of parents, property is generally left to children, and some children are unwilling to transfer the inherited property for various reasons. If you live by yourself, you won't have a problem staying at home for a short time; After a long time, there will be many unexpected problems.
After the death of parents, the children of the property under their name have not changed their names, and the following problems will occur: ① The inheritance procedures are lost. Inheritance requires some formalities, such as your death certificate. What if it's lost? You go to the police station to issue a certificate. After a long time, the staff of the police station may have changed one crop after another. Shall I send you a certificate?
It is illegal to rent. Parents died, whether there is a will, if there is no will, then according to the legal heir's order and share of inheritance. It will be inconvenient for you if you want to rent the house. This house was inherited by the legal heir. You can't rent this house by yourself. You must get the permission of other heirs to sign the lease contract, otherwise the contract signed with the lessor will be invalid.
(3), can't handle the mortgage, can't sell.
Mortgage needs the credit information and running water of the property owner. The property owner is your parents. If you can't produce these necessary materials, you can't make a mortgage in the bank.
The property sold must be signed by the owner himself, or only the notarized power of attorney of the owner can be transferred. Since the parents have died, they can't sign on the spot or entrust, so they can't handle the transfer of property rights.
(4) successor change. The legal succession order of parents' inheritance includes the parents of children and their spouses. If you have grandparents and one or more of them are alive, they all have the right to inherit. If one of your grandparents dies, the legal heirs will include your uncle and aunt, or your menstrual uncle, then the heirs will become complicated.
If you are not the only heir's child, is it possible for other heirs to change after a long time?
⑤ The assessment fee paid will increase. If you don't go through the inheritance procedures for many years, it is possible that house prices will rise. When the rising house is appraised, the appraisal price is high, and the notarization fee paid is correspondingly high.
6. Limitation of action. The limitation of action for property inheritance is two years, but the General Principles of the Civil Law also stipulates that the people's court will not protect the property if it has been more than 20 years since the date of infringement. In other words, the statute of limitations for inheritance can be protected for up to 20 years. After more than 20 years, you will lose your inheritance.
How to handle the inheritance procedures ①? Determine the heir and share.
If you have no grandparents and your parents have no will, then the legal heirs are your parents' children, and several children enjoy the same share of the estate.
(2) Go through the inheritance procedures.
Bring a medical death certificate, first go to the police station to cancel your account and issue a death certificate.
All legal heirs bring their ID cards, household registration books, marriage certificates and parents' death certificates to the county or city notary office where the decedent is located for grassroots notarization.
If the share of the legal heir and the decedent is different, the notarization of inheritance cannot be carried out in the notary office, but after the court ruling, the inheritance can be prosecuted in the court.
Notary office charges:
When inheriting notarization, one notarization cost is higher. The notary office charges according to the percentage of the property value. For example, I am from Chongqing, and the charging standard of Chongqing real estate inheritance is: the charging of real estate with a value of less than 500,000 yuan 1%, and the lowest charging 200 yuan in 200 yuan cannot be calculated; If the property is between 500,000 yuan and 5 million yuan, the fee will be 0.6%; 5 million yuan to 6.5438 million yuan of real estate, the charging standard is 0.4%; If it exceeds100000 yuan, the handling fee is 0. 1%. Please consult the local notary office for the specific charges of the notary office in your city.
3. Go to the real estate registration center for property right change.
Bring the original title certificate, notarial certificate, all heirs' ID cards, household registration books and marriage certificates, and go to the real estate registration center where the real estate is located to handle the property right change.
The real estate rights registration center does not charge much for the change of property rights. For example, the residential charge in Chongqing is 80 yuan/piece cost.
Matters needing attention in handling inheritance: ① Whether personal property is legal. Illegal or other people's property cannot be inherited.
(2) the estate status of the decedent. For example, whether there are pawns, mortgages or other debts. Other than that, it is the legacy of the decedent.
(3), all heirs must bring information to the notary office for notarization, and must sign on the spot when the property right is transferred.
If there is any abandonment of inheritance, the notary office will draw up a abandonment statement according to the wishes of the abandonment person, and then the abandonment person will sign the statement.
From the above analysis.
After the death of parents, the inheritance should be handled by you, not because you are afraid of trouble or have to pay fees. If you don't inherit, there will be a lot of trouble, and it will also affect your use, ownership and disposal of the inheritance.
Inheritance is mainly divided into three steps: one is to determine the legal heir and his share of inheritance; The second step is to go to the notary office for notarization; The third step is to transfer the ownership to the real estate registration center. Procedures and processes are not complicated.
Of course, this is also my personal opinion, for reference only. Welcome everyone to leave a message on this issue below, express their views and opinions, and exchange and learn from each other.
What happens if the parents die and the children of the property under their name have never transferred?
For this problem, the right to use will not be affected, but the ownership will change because of the change of inheritance relationship.
According to the relevant provisions of China's inheritance law, inheritance begins when the decedent dies. In other words, regardless of whether the property is transferred or not, the inheritance relationship has already started from the death of the decedent.
I have a vivid example around me. Aunt Li and her husband Lao Zhang have a house in Anju community. They have a son. After graduating from college, my son was left in the hospital where the school was located because of his excellent grades. In 20 15, Lao Zhang died of illness. On 20 17, my son got married in Qingdao and gave birth to a girl. When my son Xiao Zhang was working in the hospital, he was seriously ill and died unfortunately because he had been working in radiology. 20 18 Aunt Li bought a small house in Qingdao. She wants to be close to her granddaughter and take good care of her mother and daughter. Later, she thought that since no one lived in the house in Anju, she might as well sell it. In the process of selling the house, she realized that she couldn't sell it herself. Others need to sign, or give up the right of inheritance notarization.
On 20 15, Lao Zhang passed away, and the legal heirs were Aunt Li and her son Xiao Zhang. If you want to transfer ownership at this time, just sign it by two people. In 20 17, his son Xiao Zhang died. His legal heirs are his mother, Aunt Li, his wife and his daughter. Xiao Zhang inherited the property of his father 1/2 and became Xiao Zhang's legacy, with one third of his mother, one third of his wife and one third of his daughter. Because the daughter is still young, the mother, as a guardian, has control over this part of the inheritance. The whole inheritance relationship can be represented by the following figure:
If the house in Anzhu Community is not for sale, but for normal living or renting, there will be no impact, but once the property right needs to be changed, it needs the signature of the relevant obligee.
Inheritance should be dealt with as soon as possible at the beginning of inheritance, because time changes and the legal heirs may change accordingly. The more heirs, the more passive.
The first order of legal inheritance is parents, spouses and children. If some children die before their parents, the inheritance will be inherited by their parents. When parents die, brothers and sisters can inherit the part of the inheritance that their parents inherited when they were alive. Although the share may not be large, changing property rights will bring great trouble.
To sum up, the inheritance of real estate is either legal inheritance or testamentary inheritance. Writing a will requires a professional lawyer to have legal effect, and most wills will still become invalid wills, leading to the heirs going to court. Therefore, it is better to inherit sooner than later, the timing is wrong, and there are many troubles.
First of all, you have to prove that your grandparents have passed away and can't participate in dividing your parents' inheritance. This requires you to go to your parents' unit to copy your personal file, which records your grandparents' life, your spouse's name and your child's name. No work unit can go to the brigade to issue a certificate or get their death certificate.
Secondly, we should get the parents' death certificate or cremation certificate and even go to the police station to open the parents' cancellation certificate.
Finally, all the people who have the right to inherit are called together, and after discussing the compensation, the right to inherit is placed in the name of one person, and others give up inheritance. The person who has the right to inherit under his name gives up the compensation given by the heir, which cannot appear in the notarial certificate and needs to be operated separately.
Finally, the heir takes his ID card, household registration book, marriage certificate, parents' real estate license and all supporting materials to the notary office. After the approval, everyone goes to the notary office for written disposal. The notarial certificate will be issued in three to five working days.
The person who has the right of inheritance shall go to the real estate trading center for transfer with the notarial certificate.
This is the process that my relatives have just completed the transfer. I hope I can help everyone, let everyone take fewer detours and everything goes well!
Just a while ago, I saw a similar report that an only child's parents died, but there was an accident when handling the property transfer. Because it is an intestate transfer, the real estate department needs him to provide all kinds of certificates of parents and relatives, because according to the inheritance law of our country, according to the first order of the deceased, the heir, the spouse, the children and the parents of the deceased share the property and housing rights legally owned by the deceased. The three parties have equal inheritance rights and equal shares.
Therefore, if it is convenient, try to leave a property distribution will when your parents are alive, so as not to bring trouble to the later property transfer.
Of course, if you don't live in a house, you can live normally, but if you need to sell the property in the future, it will be very troublesome in case of demolition.
I am preparing my inheritance, and I want all kinds of certificates, your grandparents, your grandparents, your parents, your brothers and sisters, and all kinds of troubles.
You can continue to use it, but if the owner of the property dies, the ownership of the property is uncertain.
This is a very realistic problem, and many people do it.
The first reason is that inheritance is too troublesome and requires a lot of certificates and procedures. Many people are too lazy to do it. Anyway, I live in a house, and others have to leave. Second, there are heirs who don't cooperate, or they can't get together in the field. The notary office doesn't do it, and the real estate registration center doesn't accept it and can't do it; Third, the relationship is complex, and if the parties can't stand the complicated procedures, they will muddle along. After I die, I will care about the flood.
For example, an aunt died in her 50 s, and a house under her name is the property of husband and wife. At that time, my aunt's mother was still alive. If inheritance is handled at this time, the relationship is very clear: mother, spouse and son. Three people, it's easy to prove the relationship, but her husband didn't do it. He lives in the house anyway.
Then his mother-in-law passed away. His mother-in-law's share was inherited by her four children, including his late wife, and her share belonged to subrogation inheritance. Later, one of the mother-in-law's four children died, and the share that the deceased child should inherit was transferred between his spouse and children.
I can only say it briefly here, because talking too much will make people dizzy. To make it clear, you need to draw a picture to explain it in detail.
When a person dies, if the inheritance is not inherited in time, the number of heirs will change from one to three and into dozens, which will be divided geometrically.
Therefore, as a marriage lawyer, I advise you to make a good estate plan before your death and handle the inheritance in time after your death, so as to avoid more problems as time goes by.
This is bullshit!
First, notarize the will before the old man dies.
Second, if there are many children, the ruling will be made according to the will.
Three, a notarial certificate or award, live.
Others have the right to occupy your property?
The property will not stay there forever, but it still belongs to the parents, because the Housing Authority has no obligation to tell the children to transfer the property.
However, children also have no right to do anything with property, including selling or renting it. Because the property has not been transferred, some procedures that need to be handled by the owner cannot be handled.
In the case of demolition, the heirs need to clearly allocate the inheritance rights of the property before signing the demolition compensation agreement. Under special circumstances, if the real estate is demolished first, it is also necessary to clearly allocate the compensation before receiving it.
In fact, it is not so difficult to handle the transfer of real estate when several children in the average family have no objection to the inheritance of real estate. You only need to go to the notary office to handle the notarization of property inheritance or go to the court to inherit the property through litigation and get an effective judgment or mediation.
If the heirs have no objection, the notary fee is higher than the legal fee, so if there is no objection between the heirs, they can take litigation inheritance. Because the court will take a summary procedure for judgment or mediation, which can not only save litigation costs, but also save time.