What is the legacy of the old man after his death?

The property that can be inherited as an inheritance after the death of the old man is the personal property of the old man before his death, including the deposits of the old man, the daily necessities of the old man, the property rights in copyright and patent rights and other means of production. In addition, the personal contracted income of the elderly is also an inheritance, but attention should be paid to distinguishing the personal property of the elderly from the property of husband and wife.

Legal analysis

After the death of the old man, his legacy mainly includes his income, savings, books and materials, his daily necessities and so on. If the elderly have other works, copyright, patent rights and other property rights can be treated as inheritance. What are the specific legacies? It depends on the actual situation of the elderly. After the death of the elderly, the inheritance shall be distributed according to the will left by the parties concerned, or determined according to legal inheritance. Usually, the legal first-in-line heirs stipulated by China's national laws include parents, spouses and children, and the inheritance points between these people are unclear. The legal heirs in the same order have basically the same living conditions, labor ability and maintenance, support or maintenance obligations to the decedent, and the conditions are roughly similar. The so-called average distribution of inheritance means that all legal heirs in the same order have the same proportion of the amount of inheritance inherited by the decedent, and there is no obvious difference. Heirs who have special difficulties in life and lack the ability to work should be taken care of when distributing their inheritance, and they can be divided more. Heirs who have the main obligation to support or support the decedent or live with the decedent can get more points in the distribution of the estate. After the death of the old man, if there is no will, it will only be completed in the order stipulated by law.

legal ground

People's Republic of China (PRC) Civil Code

Article 123 After the beginning of inheritance, it shall be handled according to 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 124 If the successor abandons the inheritance after the inheritance begins, he shall make a written statement of abandonment before disposing of the inheritance; If there is no indication, it is regarded as accepting inheritance. The legatee shall, within 60 days after knowing the legacy, make an indication of accepting or giving up the legacy; If it is not due, it will be deemed as abandoning the inheritance.