If parents didn't make a will before their death and didn't give their property to their children, then after their death, their property (inheritance) may be divided up by their brothers and sisters, and their children can't inherit it all.
1. Why can't an only child inherit his parents' property in full?
According to the law, the people who inherit in the first order in the legal inheritance relationship include: spouse, children and parents. This means that in the relationship between grandparents and grandchildren, once the middle father dies young, if they didn't make a will before their death and their ancestors didn't give up inheritance, then the property (real estate) that originally belonged to the father should be divided equally between grandparents and grandchildren.
For example, Xiaoming's parents died one after another, and after a while, his grandmother also died. His father had four brothers and left a property registered in his father's name. So, how many properties can Xiaoming legally obtain?
Calculation method:
1. After Xiaoming's father died, 1/2 of the property belongs to Xiaoming's mother, and 1/2 belongs to his father.
There are three heirs at this time: Xiao Ming, Xiao Ming's mother and Xiao Ming's grandmother. If there are no special circumstances, the three people will share 1/2 equally, that is, Xiaoming's mother has 1/2+ 1/6, Xiaoming has 1/6 and Xiaoming's grandmother has 1/6.
2. After Grandma died, Grandma's 1/6 was inherited by Xiaoming's father and four brothers, each with 1/24. Xiaoming inherited 1/24 because of his father's death.
After Xiaoming's mother died, Xiaoming inherited his previous 2/3 property.
On the whole, the attribute obtained by Xiao Ming * * * is 1/6+ 1/24+2/3=7/8. So in this case, what should Xiao Ming do if he wants to inherit all the real estate? This requires all heirs except Xiao Ming to give up their inheritance rights and notarize them, and then bring the required documents to the real estate registration center for transfer.
Second, how does the only child inherit the parents' real estate in full?
Lawyers said that if children want to inherit property smoothly, the safest way is to make a will before they die. Parents are over 50, so it's better to be ready to make a will. If you find that your children are unfilial after making a will, you can change the will at any time and distribute the property according to your own wishes. Of course, you can also give your children real estate before you die, "with additional conditions, as long as your parents are alive, you will enjoy the right to use the house."
3. Is it necessary to pay deed tax to inherit the property?
According to the Inheritance Law of People's Republic of China (PRC), if the legal heirs (including spouses, children, parents, brothers and sisters, grandparents and grandparents) inherit the ownership of land and houses, deed tax will not be levied. Non-legal heirs inherit the land and house ownership of the deceased before his death according to the will, which is a gift and should pay deed tax.
the notary service
If parents can make a will before they die, they will save their children a lot of trouble after they die. In recent years, the problem of only children inheriting their parents' property has gradually emerged, but is it natural for children to inherit their parents' property? As the saying goes, filial piety comes first, and it is not easy for parents to raise their children. Children should be kind and filial to their parents.
(The above answers were published on 2016-12-15. Please refer to the actual situation for the current purchase policy. )
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