1. Legal knowledge about inheritance

1. Inheritance includes the following methods: legal inheritance, testamentary inheritance, and legacy inheritance.

2. Testamentary inheritance and legacy inheritance take precedence over statutory inheritance. Legal inheritance can only apply if there is no valid will and bequest agreement.

3. Testamentary inheritance can have the following specific forms: notarized will, self-written will, written will, recorded will, oral will (applicable in emergency situations, if it is necessary to make a will in other forms afterwards) . The latter three types of wills require the participation of more than two witnesses (who cannot be interested, and in real life the most common witness is a lawyer).

4. The difference between a will and a legacy: the scope of heirs is different. A will is to select one or a few legal heirs to inherit the legacy; a legacy is to donate the legacy to the country, collective or other than the legal heir. A person is actually a gift with valid conditions; a legacy support agreement is a special kind of legacy, which requires the legatee to be responsible for the life, maintenance, death and burial of the deceased. In a common situation in real life, the elderly and their children sign an agreement. An agreement that agrees that a child will fulfill the obligation to support the child and that the estate will be inherited by the child a hundred years later is not a legacy support agreement, because the child's support for his or her parents is a legal obligation and cannot be agreed upon. Even if there is no agreement, one cannot refuse to perform the support obligation. However, As long as the elder's wish that the property be inherited by the children is genuine, it can be treated as an ordinary will. Is it okay to bequeath it to anyone? No, you can learn about the "Luzhou Mistress Case". A rich man made a will and left all his inheritance to his mistress. In the end, the court found the will invalid on the grounds that it violated public order and good customs.

5. If the will disposes of other people’s property, this part will be invalid. For example: the father made a will when he was alive, stipulating that after a hundred years, his son will inherit the couple’s property. A certain house, then such a will is partially invalid. First, the spouse's general share should be transferred, and the remaining half share is the father's inheritance. Only then can his son inherit this half share according to the will.

6. Inheritance rights are equal between men and women.

7. Legal succession order. First order: spouse, children, parents. Second order: brothers, sisters, grandparents, maternal grandparents. If there is no first-order heir, the second-order heir shall inherit the estate. The children mentioned here include legitimate children, illegitimate children, adopted children and dependent stepchildren. The parents mentioned here include biological parents, adoptive parents and step-parents who have a supportive relationship. The brothers and sisters mentioned here include brothers and sisters of the same parents, half-brothers and sisters, half-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters with dependent relationships.

8. If the father dies before the grandfather, the grandson can inherit the grandfather's inheritance. This is called inheritance by substitution.

9. The widowed daughter-in-law and son-in-law who have fulfilled their main support obligations to the deceased can be the first-order heirs.

10. In the case of legal inheritance, it is generally divided equally. In special circumstances, less or more points may be given.

11. The will must reserve the necessary share of the inheritance for heirs who are unable to work and have no source of income. For example, if the only close relatives of an old man are his old mother and his silly son, and the old man still makes a will that the son will inherit all the inheritance, then such a will will be deemed partially invalid because it must be reserved for the old mother. necessary share.

12. If there is no clear explanation, the inheritance obtained by either spouse during the marriage shall be the joint property of the couple.

13. Debts are canceled after death? No, the heir needs to pay off the debts of the deceased within the scope of the inheritance.

2. What are the legal common sense in daily life?

The legal common sense in daily life are:

1. If an underage child hurts someone , the guardian must bear the medical expenses.

2. Inheritance rights are equal between men and women. As a married daughter, don’t forget that you have a share of your parents’ inheritance.

3. If you are injured by a flower pot falling from upstairs, you can take their manager to court.

4. If a traffic accident occurs on the way to and from get off work, you have the right to request work-related injury benefits from your employer.

5. If you are dissatisfied with the fines, license revocation, administrative detention, etc. imposed by the administrative agency, you can apply for administrative reconsideration.

6. If summoned or detained by the public security organ, the time shall not exceed 12 hours, and under special circumstances shall not exceed 24 hours.

7. If the children under 18 years old do not return home, they must be educated, otherwise they will bear corresponding legal responsibilities.

8. If someone lends you money, you must ask them to issue an IOU, and the loan amount must be capitalized. (Note: The statute of limitations for litigation is 2 years)

9. If you want to protect your own property and other property, you must not set up a power grid or set up poisons, otherwise what awaits you will be: endangering public safety crime.

10. If you become a defendant and do not retain a lawyer due to financial difficulties, the people's court can designate a lawyer with legal aid obligations to provide you with legal assistance.

3. Legal knowledge about inheritance

1. Inheritance includes the following methods: statutory inheritance, testamentary inheritance, and legacy inheritance.

2. Testamentary inheritance and legacy inheritance take precedence over statutory inheritance. Legal inheritance can only apply if there is no valid will and bequest agreement.

3. Testamentary inheritance can have the following specific forms: notarized will, self-written will, written will, recorded will, oral will (applicable in emergency situations, if it is necessary to make a will in other forms afterwards) . The latter three types of wills require the participation of more than two witnesses (who cannot be interested, and in real life the most common witness is a lawyer).

4. The difference between a will and a legacy: the scope of heirs is different. A will is to select one or a few legal heirs to inherit the legacy; a legacy is to donate the legacy to the country, collective or other than the legal heir. A person is actually a gift with valid conditions; a legacy support agreement is a special kind of legacy, which requires the legatee to be responsible for the life, maintenance, death and burial of the deceased. In a common situation in real life, the elderly and their children sign an agreement. An agreement that agrees that a child will fulfill the obligation to support the child and that the estate will be inherited by the child a hundred years later is not a legacy support agreement, because the child's support for his or her parents is a legal obligation and cannot be agreed upon. Even if there is no agreement, one cannot refuse to perform the support obligation. However, As long as the elder's wish that the property be inherited by the children is genuine, it can be treated as an ordinary will. Is it okay to bequeath it to anyone? No, you can learn about the "Luzhou Mistress Case". A rich man made a will and left all his inheritance to his mistress. In the end, the court found the will invalid on the grounds that it violated public order and good customs.

5. If the will disposes of other people’s property, this part will be invalid. For example: the father made a will when he was alive, stipulating that after a hundred years, his son will inherit the couple’s property. A certain house, then such a will is partially invalid. First, the spouse's general share should be transferred, and the remaining half share is the father's inheritance. Only then can his son inherit this half share according to the will. 6. The right of inheritance is equal between men and women.

7. Legal succession order. First order: spouse, children, parents.

Second order: brothers and sisters, grandparents, maternal grandparents. If there is no first-order heir, the second-order heir shall inherit the estate.

The children mentioned here include legitimate children, illegitimate children, adopted children and dependent stepchildren. The parents mentioned here include biological parents, adoptive parents and step-parents who have a supportive relationship.

The brothers and sisters mentioned here include brothers and sisters of the same parents, half-brothers and half-brothers, adoptive brothers and sisters, and step-brothers and sisters with dependent relationships. 8. If the father dies before the grandfather, the grandson can inherit the grandfather's inheritance. This is called inheritance by substitution.

9. The widowed daughter-in-law and son-in-law who have fulfilled their main support obligations to the deceased can be the first-order heirs. 10. In the case of legal inheritance, it is generally divided equally.

In special circumstances, less or more points will be given.

11. The will must reserve the necessary share of the inheritance for heirs who are unable to work and have no source of income.

For example, if the only close relatives of an old man are his old mother and silly son, and the old man still makes a will that his son will inherit all the inheritance, then such a will will be deemed partially invalid. , because the necessary share must be reserved for the old mother. 12. The inheritance obtained by either spouse during the marriage, unless otherwise specified, shall be the joint property of both spouses.

13. Debts are canceled after death? No, the heir needs to pay off the debts of the deceased within the scope of the inheritance.

4. What are some legal common sense in daily life

1. If a minor child injures someone, the guardian must bear the medical expenses.

2. Inheritance rights are equal between men and women. As a married daughter, don’t forget that you have a share of your parents’ inheritance. 3. If you are injured by a flower pot falling from upstairs, you can take their manager to court.

4. If a traffic accident occurs on the way to and from get off work, you have the right to request work-related injury benefits from your employer. 5. If you are dissatisfied with the administrative agency's fines, license revocation, administrative detention, etc., you can apply for administrative reconsideration.

6. If summoned or detained by the public security organ, the time shall not exceed 12 hours, and under special circumstances shall not exceed 24 hours. 7. If the children under the age of 18 do not return home, they must be educated, otherwise they will bear corresponding legal responsibilities.

8. If someone lends you money, you must ask them to issue an IOU, and the loan amount must be capitalized. (Note: The statute of limitations is 2 years) 9. If you want to protect your own property and other property, you must not set up a power grid or set up poisons, otherwise what awaits you will be: the crime of endangering public safety.

10. If you become a defendant and do not retain a lawyer due to financial difficulties, the people's court can designate a lawyer with legal aid obligations to provide you with legal assistance.

5. Legal common sense: Regarding inheritance issues

The "Inheritance Law" stipulates that inheritance is in the following order:

First order: spouse, children, parents.

Second order: brothers and sisters, grandparents, maternal grandparents.

After the inheritance begins, the first-order heir will inherit, and the second-order heir will not inherit. If there is no first-order heir, the second-order heir shall inherit.

The children mentioned in this law include legitimate children, illegitimate children, adopted children and dependent stepchildren.

The parents mentioned in this law include biological parents, adoptive parents and step-parents who have a supportive relationship.

Brothers and sisters mentioned in this law include brothers and sisters of the same parents, half-brothers or half-fathers, adopted brothers and sisters, and step-brothers and sisters with dependent relationships.

Since you have not made a will, it is treated as legal inheritance.

Your wife, son, daughter, and parents can inherit. The specific amount is as follows:

Generally speaking, 10 million yuan is the joint property of husband and wife, 5 million yuan of which belongs to your wife, and the remaining 5 million yuan is inherited as inheritance. Your wife, son, daughter, father, and mother are the five persons. Generally speaking, Distribute it equally, that is, one million per person. If your children are underage, you can allocate an additional portion as appropriate.

If 10 million belongs to your personal property (Article 18 of the "Marriage Law"), it shall be the property of one spouse under one of the following circumstances: (1) One party’s pre-marital property; (2) One party’s physical property Medical expenses for injuries, living allowances for the disabled, and other expenses;

(3) Property determined in the will or gift contract to belong only to the husband or wife; (4) Daily necessities for one party’s exclusive use; ( 5) Other properties that should belong to one party are also divided equally among the five people, that is, 2 million for each person, among which the minor children will receive more as appropriate.

6. What legal common sense should be possessed in life

What legal common sense should be possessed in life:

1. If a traffic accident occurs on the way to and from get off work, you have the right to Ask your employer for work-related injury benefits, including when you stop by to buy groceries after get off work. Commuting to and from get off work includes four situations:

1. Commuting between work and residence, regular residence, and work dormitory within a reasonable time and on a reasonable route;

2. Commuting between the workplace and the residence of spouse, parents, and children within a reasonable time and on a reasonable route;

3. Engage in activities required for daily work and life, and within a reasonable time and commuting to and from work on reasonable routes;

4. Commuting on other reasonable routes within a reasonable time.

2. If a child under the age of 18 stays up at night, the child must be educated, otherwise he will bear corresponding legal responsibilities.

3. If someone lends you money, you must ask them to issue an IOU, and the loan amount must be capitalized. (Note: The statute of limitations is 2 years)

4. If you want to protect your home or other property, you must not set up a power grid or set up poisonous materials, otherwise you may commit the crime of endangering public safety. Paragraph 1 of Article 37 of the "Public Security Administration Punishment Law of the People's Republic of China" stipulates: Anyone who installs or uses a power grid without approval, or who installs or uses a power grid that does not comply with safety regulations, shall be detained for not more than 5 days or fined 500 yuan. A fine of not more than 500 yuan; if the circumstances are serious, he or she shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan.

5. Citizens who need help from lawyers in aspects such as support, work-related injuries, criminal proceedings, requests for state compensation and requests for pensions in accordance with the law, but who cannot afford lawyers' fees, can obtain legal aid in accordance with national regulations.

6. If you want to write a will, you must indicate the month, day and signature in person. If you want someone to write a document on your behalf, two or more witnesses must be present to witness it. The attorney, witnesses, and testator must all sign. It is best to entrust a lawyer to witness and execute the will.

7. Pensions and living allowances are fees paid by the state to relatives of the deceased after the death of the deceased. They are used to provide preferential care and relief to minors and relatives who have lost the ability to work. They do not belong to the deceased. The inheritance generally cannot be inherited as inheritance.

8. Private lending is a high-risk event. The law stipulates that private lending that is more than four times higher than the interest rate for the same period is not protected by law. For example, the current one-year loan interest rate is 6, that is, the one-year private loan interest rate is higher than 24 (that is, the monthly interest rate is 2), and the higher part is not protected by law.

9. People without capacity for civil conduct and persons with limited capacity for civil conduct studying and living in kindergartens and schools, or mental patients being treated in mental hospitals are harmed because these units fail to perform their guardianship duties. These The unit should provide appropriate compensation. If the unit is at fault, it should also bear appropriate responsibility.