How to distribute the remarried property of the elderly?
The property after remarriage belongs to the remarried couple personally or partially, and the children have no right to distribute and inherit before the remarried couple dies. When a remarried couple dies, the first thing to do is to confirm the property and make sure that the property belongs to the deceased. It is stipulated that the property registered before remarriage belongs to the registrant's personal property before marriage, and half of the property obtained after remarriage belongs to the deceased. The above legal property belonging to the deceased can be used as inheritance and inherited by heirs. Let's see if the deceased has a will to designate an heir. If there is a will, it must be inherited according to the will. Under the premise of intestate, according to the inheritance law, the first heir of the deceased, the spouse (remarried spouse), the children (all biological children and stepchildren of the deceased) and the parents of the deceased should inherit all the property legally owned by the deceased. According to the inheritance law of our country, husband and wife are the first legal heirs of each other. Remarried couples and children of the elderly enjoy equal inheritance rights. Perhaps it is precisely because of the equality of inheritance rights that many children will object to their parents' remarriage, or ask the elderly to agree that the property of all parties will be inherited by all children through wills. If the old man has an agreement on property before marriage, it should be determined according to the agreement; If there is no agreement on the ownership of their respective property, it can only be determined according to the legal basis. Legal basis: Article 10 of the Law of People's Republic of China (PRC) on State Succession is the order of succession: the first order: spouse, children and parents. 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. Children referred to in this Law include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency. Parents referred to in this Law include biological parents, adoptive parents and step parents who have a dependency relationship. Brothers and sisters referred to in this Law include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters and stepbrothers and sisters with dependent relationship.