Xiaoyu is the only daughter of her parents, and her father and mother have died, leaving behind a 150-square-meter house. Xiaoyu wanted to transfer the house to his name, but found that there was no way to handle it, and then came to consult a lawyer, and then he knew why.When her father died, her grandmother was still alive, and she was entitled to inherit part of her son's estate, and after her grandmother's death, she was inherited by her uncle's son, second uncle, aunt, etc., which caused Xiaoyu to be unable to continue her parents' property in full.
In our country, the inheritance method of inheritance is divided into statutory inheritance and testamentary inheritance. If there is no special will, the estate is generally distributed according to the legal inheritance.
According to the law, in the absence of a valid will, the estate will be inherited by the surviving first-order heirs: if none of the first-order heirs are alive, the surviving second-order heirs will inherit.
An only child, although a first-order heir, is not necessarily the only first-order heir.
So who of Xiaoyu's relatives can get the property?
Xiaoyu's grandmother was alive when her father passed away, and according to the legal order of succession, Xiaoyu, her mother and grandmother are both legal first-order heirs and have the right to participate in the inheritance.
After Xiaoyu's grandmother passed away, her grandmother's inheritance was inherited by her first-order heirs, that is, Xiaoyu's uncle, second uncle and aunt could share Xiaoyu's father's part of the property by transferring inheritance. Therefore, Xiaoyu cannot inherit the house alone, unless other people with the right to inherit go to the notary office or the court to explicitly renounce it. to be inherited.
In the event that the deceased does not leave a will during his lifetime, his personal legal property will be treated as a legal inheritance. In legal inheritance, the heirs in the first order: spouse, children, and parents inherit first, and there is no division in order; In the absence of a first-order heir, the second-order heir: siblings, grandparents, maternal grandparents. In order to avoid disputes over the inheritance of real estate, it is advisable to adopt the method of making a will:
1. Make a will in advance and dispose of the property. When making a will, try to go to a notary office to notarize the will.
2. The property agreed in the will should be specific and clear, especially the specific location of the property. It should be noted that the real estate should be the testator's personal legal real estate, and only the share of the joint property belonging to the deceased is the inheritance, and it can be inherited in accordance with the law. For a property in common, it is possible to dispose of the share that belongs to you, not the entire house.
3. For self-written wills, disputes may also occur between heirs after the death of the testator, and some heirs will question the authenticity of the will. Therefore, when making your own will, it is recommended to make audio and video recordings at the same time.