Happiness, gain, and security ......
The good life we look forward to.
It needs to be rich in moral nourishment.
It also needs legal protection.
Whether it is professional ethics, social morality, family virtues, or personal morality, the role of law should not be underestimated.
Whether it is regulated, or promoted, or encouraged, or advocated, the law always walks with civilization.
In order to better protect the legitimate rights and interests of women and children, the Zibo Women's Federation, the Municipal Bureau of Justice, and the Municipal Lawyers Association jointly carried out a weekly visit by public interest lawyers, that is, public interest lawyers were on duty at the Municipal Women's Federation for half a day and were responsible for answering the legal advice of women and children this week. Duty Lawyer of the Week:
Sun Cong. Institution: Shandong Dadiren Law Firm Contact**: 18816159385
Rights protection cases
Basic facts of the case
Uncle Wang and Aunt Li were both widowed in their early years, and the two met in their old age, and the two parties went through the marriage registration procedures after a certain understanding. Not long after getting married, Uncle Wang died of illness and did not leave a will before. Uncle Wang's children believe that Aunt Li, as the wife of remarriage, only has the right to inherit the joint property during the existence of the relationship between the two husband and wife, and Uncle Wang's personal property before marriage has nothing to do with Aunt Li, and can only be inherited by Uncle Wang's children.
Legal basis
According to Article 1127 of the Civil Code, "the inheritance shall be inherited in the following order:
1) First order: spouse, children, parents;
2) Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.
For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.
For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.
The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship. ”
[Lawyer Analysis].
The above-mentioned case disputes are also a complex situation often encountered in judicial practice. For example, Uncle Wang's previous spouse's estate has not been divided, and there is no will. So, after Uncle Wang's death, does Aunt Li have the right to inherit the undivided part of the estate left by her previous spouse? The answer is yes.
Because according to the provisions of the Civil Code, Uncle Wang and his children have the right to inherit the corresponding share of that inheritance, and after Uncle Wang dies, part of the share he inherited before is converted into his personal inheritance. Moreover, because Uncle Wang did not leave a will, his pre-marital property also belongs to the scope of the estate, according to the order of inheritance, Aunt Li and Uncle Wang's children are the first heirs, so they can both inherit Uncle Wang's estate.
Generally speaking, the biggest concern of the elderly when remarrying is the ownership and inheritance of property. In order to prevent future conflicts and disputes, the lawyer especially recommends that it is necessary for the parties to make an agreement on the property before marriage.
So, in law, how is the ownership of property before and after remarriage regulated?
First, if the property acquired before the remarriage is registered in the name of the individual, then it belongs to the personal property of the registrant before the marriage.
Second, the property acquired after marriage, without a special written agreement in advance, belongs to the joint property after marriage, and one person has half the rights and interests at the time of divorce.
Third, if the house is the joint property of the husband and wife, in principle, the man's will can only deal with half of the property belonging to him; If there is no will, the property involved in the husband shall be inherited by the spouse, children and parents equally according to the legal inheritance.
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Contribution: Reviewed by the Rights and Interests Department of the Municipal Women's Federation: Liu Hong and Zhang Xiuwei