Patent sequence

See if the original gift agreement allows the eldest daughter to get it back after her parents die.

If there is no agreement on recovery, and the property has been transferred to the parents' name, it belongs to the parents' inheritance and is distributed according to the will. If the intestate inherits according to law, the parents, spouse and children shall inherit together, and the heirs may divide it equally or through negotiation.

If the property is still in the name of the eldest daughter after the gift, it belongs to the eldest daughter's property and cannot be divided.

inheritance act

Article 3 Legacy is the personal legal property left by a citizen when he dies, including:

Citizen income;

Citizens' houses, savings and daily necessities;

Citizens' trees, livestock and poultry;

Cultural relics, books and materials of citizens;

The law allows citizens to own the means of production;

Copyright and patent rights in citizens' property rights;

Other lawful property of citizens.

Article 5 After the beginning of inheritance, it shall be handled in accordance with legal inheritance; If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement.

Article 10 Heritage shall be inherited 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.

Article 13 The shares of heirs in the same order shall generally be equal.

When distributing the inheritance, we should take care of the heirs who have special difficulties and lack the ability to work.

Heirs who have made major support obligations to the decedent or lived together with the decedent can get more points in the distribution of the estate.

If an heir who has the ability and conditions to support fails to perform the obligation of support, he shall not divide or divide the estate.

If the heirs agree through consultation, they may also be unequal.