1. Inheritance includes the following ways: legal inheritance, testamentary inheritance and bequest inheritance.
2. Testamentary inheritance and bequest inheritance take precedence over legal inheritance. Only when there is no valid will and bequest agreement can you apply for legal inheritance.
3. Testamentary succession can take the following specific forms: notarized will, self-made will, written will, recorded will, oral will (applicable in case of emergency, and will needs to be made in other forms afterwards). Among them, the last three wills need more than two witnesses (there can be no interested parties, and lawyers are the most common witnesses in real life).
4. The difference between will and bequest: the scope of heirs is different, and a will is to choose one or several legal heirs to inherit their own inheritance; Legacy is a gift to people other than the state, the collective or the legal heir, which is actually a gift with effective conditions; Legacy support agreement is a special legacy, which requires the legatee to be responsible for the birth, support and death of the decedent. It is a common situation in real life that the old man and his children sign an agreement, stipulating that the children will do their duty of support and the inheritance will be inherited by him after a hundred years. This agreement is not a legacy support agreement, because children's support for their parents is a legal obligation. Even if there is no agreement, they can't refuse to perform their support obligations, but the old man wants the property to be inherited by his children, as long as it is true. Can I bequeath it to anyone? No, you can learn about the "Luzhou mistresses case". The rich man made a will and left all his inheritance to his mistress, which was finally invalidated by the court on the grounds of violating public order and good customs.
5. If the will disposes of other people's property, this part is invalid. For example, the father made a will before his death and agreed that his son would inherit the property shared by the husband and wife after a hundred years. Then such a will is partially invalid. First of all, the general share of the spouse and the remaining half should be the father's inheritance, so that the son can inherit this half share according to the will.
6. Men and women have equal inheritance rights.
7. Statutory succession order. First order: spouse, children, parents. The second order: brothers and sisters, grandparents, grandparents. If there is no heir in the first order, the heir in the second order will inherit the estate. The children mentioned here include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency. The parents mentioned here include biological parents, adoptive parents and step-parents with dependent relationship. Brothers and sisters mentioned here include brothers and sisters of the same parents, half-brothers or half-brothers, adopted brothers and sisters, and stepbrothers and sisters who have a foster relationship.
My father died before my grandfather, so my grandson can inherit my grandfather's legacy. This is subrogation inheritance.
9. A widowed daughter-in-law or son-in-law who has done the main duty of supporting the decedent may be regarded as the first heir.
10, legal inheritance, generally equally divided. Special circumstances, less points or more points.
1 1. The will must reserve the necessary share of the estate for the heirs who have no ability to work and no source of income. For example, an old man leaves only an old mother and a silly son among his close relatives, and the old man also makes a will, and the son inherits all the inheritance, then such a will will will be considered partially invalid, because the necessary share must be left for the old mother.
12. If it is not explicitly stated, the inheritance obtained by either spouse in the marriage relationship is the joint property of the husband and wife.
13, people die? No, the heirs need to pay off the debts of the decedent within the scope of inheritance.
2. What are the legal tips in life?
The legal tips in life are:
1. If a minor child hurts others, the guardian must bear the medical expenses.
2. Equality of inheritance rights between men and women. Don't forget that you have a parental legacy for your married daughter.
If you are injured by a flowerpot falling from upstairs, you can take their manager to court.
If there is a traffic accident on the way to and from work, you have the right to ask your company for work-related injury treatment.
5. If the administrative organ refuses to accept the fine, license revocation or administrative detention, it may apply for administrative reconsideration.
6. When summoned or summoned by the public security organ, the time shall not exceed 12 hours, and it shall not exceed 24 hours under special circumstances.
7./kloc-children under the age of 0/8 do not go home and must be educated, otherwise they will bear corresponding legal responsibilities.
8. If someone lends you money, you must ask him to issue a receipt, and the amount of the loan must be capitalized. (Note: the limitation of action is 2 years)
9. If you want to protect your family's other property, you must not set up a private power grid or poison it, or you will be guilty of endangering public safety.
10. If you become a defendant and you don't entrust a lawyer due to financial difficulties, the people's court may appoint a lawyer who undertakes the obligation of legal aid to provide you with legal help.
3. Legal knowledge about inheritance
1. Inheritance includes the following ways: legal inheritance, testamentary inheritance and bequest inheritance.
2. Testamentary inheritance and bequest inheritance take precedence over legal inheritance. Only when there is no valid will and bequest agreement can you apply for legal inheritance.
3. Testamentary succession can take the following specific forms: notarized will, self-made will, written will, recorded will, oral will (applicable in case of emergency, and will needs to be made in other forms afterwards). Among them, the last three wills need more than two witnesses (there can be no interested parties, and lawyers are the most common witnesses in real life).
4. The difference between will and bequest: the scope of heirs is different, and a will is to choose one or several legal heirs to inherit their own inheritance; Legacy is a gift to people other than the state, the collective or the legal heir, which is actually a gift with effective conditions; Legacy support agreement is a special legacy, which requires the legatee to be responsible for the birth, support and death of the decedent. It is a common situation in real life that the old man and his children sign an agreement, stipulating that the children will do their duty of support and the inheritance will be inherited by him after a hundred years. This agreement is not a legacy support agreement, because children's support for their parents is a legal obligation. Even if there is no agreement, they can't refuse to perform their support obligations, but the old man wants the property to be inherited by his children, as long as it is true. Can I bequeath it to anyone? No, you can learn about the "Luzhou mistresses case". The rich man made a will and left all his inheritance to his mistress, which was finally invalidated by the court on the grounds of violating public order and good customs.
5. If the will disposes of other people's property, this part is invalid. For example, the father made a will before his death and agreed that his son would inherit the property shared by the husband and wife after a hundred years. Then such a will is partially invalid. First of all, the general share of the spouse and the remaining half should be the father's inheritance, so that the son can inherit this half share according to the will. 6. Men and women have equal inheritance rights.
7. Statutory succession order. First order: spouse, children, parents.
The second order: brothers and sisters, grandparents, grandparents. If there is no heir in the first order, the heir in the second order will inherit the estate.
The children mentioned here include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency. The parents mentioned here include biological parents, adoptive parents and step-parents with dependent relationship.
Brothers and sisters mentioned here include brothers and sisters of the same parents, half-brothers or half-brothers, adopted brothers and sisters, and stepbrothers and sisters who have a foster relationship. My father died before my grandfather, so my grandson can inherit my grandfather's legacy. This is subrogation inheritance.
9. A widowed daughter-in-law or son-in-law who has done the main duty of supporting the decedent may be regarded as the first heir. 10, legal inheritance, generally equally divided.
Special circumstances, less points or more points. 1 1. The will must reserve the necessary share of the estate for the heirs who have no ability to work and no source of income.
For example, an old man leaves only an old mother and a silly son among his close relatives, and the old man also makes a will, and the son inherits all the inheritance, then such a will will will be considered partially invalid, because the necessary share must be left for the old mother. 12. If it is not explicitly stated, the inheritance obtained by either spouse in the marriage relationship is the joint property of the husband and wife.
13, people die? No, the heirs need to pay off the debts of the decedent within the scope of inheritance.
4. What are the legal tips in life?
1. If a minor child hurts others, the guardian must bear the medical expenses.
2. Equality of inheritance rights between men and women. Don't forget that you have a parental legacy for your married daughter. If you are injured by a flowerpot falling from upstairs, you can take their manager to court.
If there is a traffic accident on the way to and from work, you have the right to ask your company for work-related injury treatment. 5. If the administrative organ refuses to accept the fine, license revocation or administrative detention, it may apply for administrative reconsideration.
6. When summoned or summoned by the public security organ, the time shall not exceed 12 hours, and it shall not exceed 24 hours under special circumstances. 7./kloc-children under the age of 0/8 do not go home and must be educated, otherwise they will bear corresponding legal responsibilities.
8. If someone lends you money, you must ask him to issue a receipt, and the amount of the loan must be capitalized. (Note: the limitation of action is 2 years) 9. If you want to protect your family's other property, don't set up a power grid without permission, and don't set up poisons, otherwise it will be a crime of endangering public safety.
10. If you become a defendant and you don't entrust a lawyer due to financial difficulties, the people's court may appoint a lawyer who undertakes the obligation of legal aid to provide you with legal help.
5. Legal knowledge: about inheritance.
The inheritance law stipulates that the inheritance shall be in the following order:
First order: spouse, children, 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.
Since you haven't made a will, it's considered as legal inheritance.
Your wife, son, daughter and parents can all inherit, and the specific amount is as follows:
Generally speaking,100000 belongs to both husband and wife, of which 5 million belongs to your wife and the remaining 5 million is the inheritance. Your wife, son, daughter, father and mother are generally divided equally, that is, 1 million each. If the children are underage, they can get more points as appropriate.
If100000 yuan belongs to your personal property (Article 18 of the Marriage Law has one of the following circumstances, it is the property of one spouse: (1) one spouse's pre-marital property; (2) Medical expenses, living allowance for the disabled, etc. Obtained by one party due to physical injury;
(3) Property determined to belong only to the husband or wife in the will or gift contract; (4) Daily necessities used exclusively by one party; (five) other property that should be owned by one party. ) is also divided equally among five people, that is, each person has 2 million, of which minor children have more as appropriate.
6. What legal knowledge should you have in your life?
Have the following legal knowledge in life:
1. If there is a traffic accident on the way to and from work, you have the right to ask your unit to give you work-related injury treatment, including buying food after work. The way to and from work includes four situations:
1. On the way to and from work and residence, habitual residence and dormitory within a reasonable time;
2. On the way to and from work within a reasonable time and on a reasonable route where the spouse, parents and children live;
3. Engage in activities required for daily work and life, and commute at a reasonable time and route;
4. Go to work through other reasonable routes within a reasonable time.
Second, if children under 18 are out at night, they must be educated, otherwise they will bear corresponding legal responsibilities.
If someone lends you money, you must ask him to issue an IOU, and the amount of IOU must be in words. (Note: the limitation of action is 2 years)
Fourth, if you want to protect your home or other property, you must not set up a private power grid or poison, otherwise you may commit a crime of endangering public safety. The first paragraph of Article 37 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment stipulates that anyone who installs or uses the power grid without approval or fails to meet the safety requirements shall be detained for not more than five days or fined not more than 500 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan.
Five, citizens in support, work-related injuries, criminal proceedings, according to the law to request state compensation and pension, but unable to pay the lawyer's fees, you can get legal aid in accordance with state regulations.
If you want to write a will, you must date it and sign it yourself. When the client is writing a book on his behalf, two or more witnesses must be present to witness it, which shall be jointly signed by the agent, the witness and the testator. It is best to entrust a lawyer to witness and execute the will.
Seven, pensions and living allowances are the expenses paid by the state to the relatives of the deceased after his death, and special care and relief are given to minors and relatives who have lost their ability to work in the family of the deceased. They do not belong to the legacy of the deceased and generally cannot be inherited as a legacy.
Eight, private lending is a high-risk event, and the law stipulates that private lending is more than four times higher than the interest rate in the same period and is not protected by law. For example, the current one-year loan interest rate is 6%, that is, the 1 year interest rate for private loans is higher than 24% (that is, the monthly interest rate is 2%), and the higher part is not protected by law.
Nine, in kindergartens, schools, study and life without capacity for civil conduct and limited capacity for civil conduct or mental patients treated in mental hospitals, because these units did not fulfill their guardianship duties and suffered injuries, these units should give appropriate compensation. If the unit is at fault, it should also bear the responsibility appropriately.