Can patents be passed directly to children?

The deposit that the father gave his son before his death has been transferred to his son's name, which is an act of giving before his death. If it is given to a child and transferred to the child's name, it does not belong to the decedent's estate, and other heirs have no right to divide it. There is no illegal act. Only when the decedent dies can the heir divide the legal property under the decedent's name.

Legal analysis

The deposit that the father gave his son before his death has been transferred to his son's name, indicating that the deposit belongs to his son and his legal property, and other children cannot inherit it. The deposit has been given by the father to the son, and it has been completed, and others cannot inherit it. After the death of their father, the children demanded the legal right of inheritance. What they can inherit is the legacy after their father's death (not including the gift before his death). The deposit that the father gave his son before his death has been transferred to his son's name. Pay attention to the transfer time here. If this time is before his father's death, it is regarded as a gift from his father and can no longer belong to the inheritance. If the transfer time is after the death of the father, then this is inheritance, and inheritance must begin with the death of the decedent. Other children are legal heirs and have the right to claim inheritance. Legacy is the personal legal property left by a natural person when he dies. An inheritance that cannot be inherited according to the law or the nature of the inheritance shall not be inherited.

legal ground

People's Republic of China (PRC) Civil Code

Article 657 A gift contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the gift.

Article 122 An inheritance is the personal legal property left by a natural person when he dies. An inheritance that cannot be inherited according to the law or the nature of the inheritance shall not be inherited.

Article 121 Inheritance begins at the death of the decedent. If several people related by blood died in the same event, and the time of death is difficult to determine, it is presumed that the person without other heirs died first. There are other heirs. If there are different generations, the elders are presumed to die first. The presumption of the same generation died at the same time, and there was no inheritance.

Article 127 The inheritance shall be in the following order: (1) The first order: spouse, children and 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 with the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.