In the distribution of the estate, all the children of the deceased have the right to inherit. After his brother's death, his property will be inherited in the legal succession order. According to relevant laws and regulations, the property of the deceased should be inherited to his spouse and children first. If there are no spouses or children, they will be inherited by their parents, and if their parents are both dead, they will be inherited by their brothers and sisters. The elder brother has no children and spouse, and the younger brother may become one of his legal heirs.
Heritage specifically includes the following contents:
1, citizens' legitimate income, such as wages, bonuses, deposit interest, legitimate business income, and property acquired by inheritance or acceptance of gifts;
2. Citizens' houses, savings and daily necessities;
3. Citizens' trees, livestock and poultry;
4. Cultural relics of citizens, books and materials Cultural relics of citizens generally refer to paintings, antiques and artworks collected by citizens themselves. ;
5. The law allows citizens to own all the means of production such as automobiles, tractors and processing machinery contracted by rural specialized households;
6, citizens' property rights in copyright and patent rights, that is, royalties and bonuses obtained based on the publication of citizens' works, or patent transfer fees and royalties obtained by using inventions and creations;
7. Citizens' treasury bills, bonds, stocks and other valuable securities, demobilization fees and job-changing fees for demobilized soldiers, citizens' pensions, pensions and other lawful properties of citizens.
To sum up, after the death of my brother, my brother can become one of his legal heirs, rather than having no inheritance rights. The specific circumstances of inheritance and distribution should take into account factors such as whether the elder brother left a will, how much property he has, and the identity of the heir.
Legal basis:
Article 127 of the Civil Code of People's Republic of China (PRC)
Inheritance is carried out in the following order:
(1) First order: spouse, children, parents;
(2) The second order: brothers and sisters, grandparents and 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.
The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship.
Brothers and sisters referred to in this part include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.