Legal analysis
The property donated before his death does not belong to the inheritance, but has actually been donated to him and has been transferred. According to laws, regulations and judicial interpretations, the following properties cannot be included in the scope of inheritance: (1) pension expenses and other living allowances. When state or collective workers die in the line of duty, soldiers die or die, and citizens die due to traffic accidents or other accidents, relevant state organs, enterprises, institutions and social organizations shall, in accordance with the provisions of the labor insurance law formulated by the state, the provisions of the military sacrifice and death pension, the traffic safety law or other relevant laws, give a certain amount of pension fees and other living allowances to the families of the deceased who were raised, helped and supported before their death. (2) personal insurance. According to the insurance law, if the insured appoints a third person as the beneficiary of his personal insurance contract, if the insured dies, the beneficiary can directly request the insurer to pay the insurance money, and the insurance money is not included in the insured's estate. Legacy is the personal legal property left by citizens when they die, including: (1) citizens' income; (2) Houses, savings and daily necessities of citizens; (3) Citizens' trees, livestock and poultry; (4) Cultural relics, books and materials of citizens; (5) The law allows citizens to own the means of production; (six) the property rights in the copyright and patent rights of citizens; (7) Other lawful properties of citizens. Other legal properties that citizens can inherit include securities and creditor's rights that belong to property. If the inheritance is in the family-owned property, when the inheritance is divided, the property of others should be divided first.
legal ground
People's Republic of China (PRC) Civil Code
Article 658 The donor may revoke the gift before the right to donate the property is transferred. The provisions of the preceding paragraph shall not apply to notarized gift contracts or gift contracts with public welfare nature and moral obligations such as disaster relief, poverty alleviation and disability assistance, which are irrevocable according to law.
Article 659 If the donated property needs to go through registration or other formalities according to law, it shall go through the relevant formalities.
Article 660 If the donor fails to deliver the donated property in a notarized gift contract or a gift contract with public welfare nature such as disaster relief, poverty alleviation and disability assistance and an irrevocable moral obligation according to law, the donee may request delivery. If the donated property that should be delivered in accordance with the provisions of the preceding paragraph is damaged or lost due to the intentional or gross negligence of the donor, the donor shall be liable for compensation.