Property distribution after the death of the old man

Subjectivity of law:

The property distribution after the death of the elderly is voluntarily distributed according to the wishes of the elderly without violating the law. The distribution of property after the death of the old man involves the issue of inheritance. According to the laws of our country, inheritance occurs when the parties have died, in other words, inheritance only occurs when the parties have died. In other words, inheritance only happens when the party dies. In this legal relationship, the parties are heirs and decedents. After the decedent dies, the person who inherits his inheritance is called the heir, because the decedent enjoyed the property right before his death and transferred the property because of his death. According to China's regulations, those who are automatically called heirs according to our laws are called legal heirs, and those who inherit according to legal wills are also heirs. The inheritance relationship between them is mainly formed through wills. The right enjoyed by the heir to the property left by the decedent according to the legal will made by the decedent is called inheritance right. In China, there are several ways of inheritance: the first is testamentary inheritance, that is, the decedent voluntarily and soberly makes a will according to his own wishes, which can be notarized by a lawyer or a notary office. The second type is called bequest, which means that the inheritance is donated to anyone other than the state, the collective or the legal heir, and it must be carried out in accordance with the wishes of the decedent before his death. The third is the relationship between the heir and the decedent arising from the inheritance support agreement, that is, the decedent and the dependents sign a contract according to the decedent's willingness, stipulating that the dependents bear the obligations of the decedent's birth, illness, death and funeral, and these obligations terminate with the decedent's death, and then all or part of the decedent's inheritance belongs to the dependents. At present, this method is relatively rare. It is mainly used in childless old-age care, such as some nursing homes. The last and most common one is legal succession. In the absence of the above three relationships, the law determines the order according to the distance of kinship. If there are conflicts among the above four relationships, or there are two or more relationships at the same time, the most effective one is the testamentary support agreement, followed by the legacy, and finally the legal inheritance. The validity of a will is judged according to the chronological order, and the last will made by the decedent takes precedence. Legal goal:

Article 153 of the Law of the People's Republic of China, unless otherwise agreed, when a husband and wife divide their inheritance, half of all the property shall be the property of the spouse and the rest shall be the estate of the decedent. The inherited inheritance belongs to the family. When dividing the inheritance, the property of others should be divided first. Article 1154 of the Civil Code of the People's Republic of China is under any of the following circumstances, the relevant part of the estate shall be treated as legal inheritance: (1) The testator abandons the inheritance or the legatee abandons the legacy; (2) The testator loses the right of inheritance or the legatee loses the right of bequest; (3) The testator or legatee dies or terminates before the testator; (4) The will is invalid; (5) The estate involved in the invalid part of the will is invalid; (6) The legacy is invalid. (d) the invalid part of the will; (e) the estate not disposed of by the will.