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How to inherit the inheritance if one of the children does not sign?

If a child does not sign the inheritance, each heir may apply to the People's Mediation Committee for mediation or file a lawsuit with the People's Court.

1. If an heir fails to sign the inheritance, the heir who does not sign should also issue a notarized power of attorney and entrust another person to sign on his behalf.

2. If one person refuses to sign or entrust others to do it on his behalf, other heirs can go to court to sue for inheritance.

The principles of inheritance distribution are:

1. Heirs in the same order should generally have an equal share of the inheritance. This is the general principle of inheritance distribution in legal inheritance, that is, the legal heirs in the same order should equally distribute the inheritance.

2. Under special circumstances, the inheritance shares of legal heirs may be unequal.

(1) Heirs who have special difficulties in life and lack the ability to work should be taken into consideration when distributing inheritance. Only when the heir has special difficulties in life and lacks the ability to work can he be taken care of during the distribution of the inheritance, and once these two conditions are met, he should be taken care of.

(2) When distributing the inheritance to heirs who have performed the main support obligations for the decedent or who live with the decedent, they can be divided more, but they should not be divided more, and it is not mandatory.

(3) If an heir who has the ability and conditions to support fails to fulfill his obligation to support, he should receive no or less share when distributing the inheritance. This is an important manifestation of the principle of consistency of rights and obligations in inheritance law.

The process of giving up inheritance:

1. Notarization procedures are required. Notarization is based on the principle of voluntariness, that is, you express your intention to give up inheritance and express it clearly in writing. It will be effective, but in order to avoid future disputes, notarization may be more legally effective. The fee will be charged in proportion to the price of the estate. You can go to the local notary office to ask for the price of the notarization.

2. The heir’s relinquishment of inheritance shall be expressed in writing to other heirs. If the renunciation of inheritance is expressed verbally and the person acknowledges it, or there is other sufficient evidence to prove it, it shall also be deemed valid.

3. "After the inheritance begins, if the heir renounces the inheritance, he should make an indication of renunciation of the inheritance before the estate is disposed of. If there is no indication, the inheritance will be deemed to have been accepted." Therefore, although the law allows citizens to voluntarily give up their inheritance, inheritance rights, but to give up inheritance rights, a clear expression of intention must be made in accordance with the law.

To constitute a legacy, the following conditions must be met:

1. The legacy must be property. Property includes positive property and passive property. Passive property is debt. Inheritance cannot be personal rights, identity, etc.

This is determined by the modern civil code as property inheritance, which is different from the ancestral inheritance system in ancient society.

2. The inheritance must be all the legal property of the deceased during his lifetime. All here is all in a broad sense, including not only ownership and other property rights as real rights, but also the creditor's rights enjoyed by the deceased during his lifetime, as well as the property rights part of various composite rights such as intellectual property rights and equity.

3. The inheritance must be property that does not belong exclusively to the deceased. Some property is not heritable by virtue of its personal exclusive nature and therefore cannot be inherited. Such as the right to claim pension insurance benefits, such rights will be extinguished after the death of the insured.

4. The form of inheritance is not limited to the state left by the deceased at the time of death. The property derived from the property left by the deceased or the substitute property are all inheritance.

"People's Republic of China and Civil Code"

Article 1121

Inheritance begins at the death of the deceased.

If several people with mutual inheritance relationships die in the same incident and it is difficult to determine the time of death, it is presumed that the person without other heirs died first. There are other heirs, and if they are of different generations, the elder is presumed to die first; if they are of the same generation, they are presumed to die at the same time, and no inheritance occurs between them.

Article 1,122

Inheritance is the legal personal property left behind by a natural person when he dies.

Inheritance that cannot be inherited in accordance with the provisions of the law or due to its nature shall not be inherited.

Article 1123

After the inheritance begins, it shall be handled in accordance with statutory inheritance; if there is a will, it shall be handled in accordance with testamentary inheritance or legacy; if there is a legacy and support agreement, it shall be handled in accordance with Agreement processing.

Article 1124

After the inheritance has begun, if the heir gives up the inheritance, he should make a written statement of giving up the inheritance before the estate is disposed of; if there is no expression, , deemed to accept inheritance.

The legatee shall, within sixty days after learning of the legacy, make an expression of acceptance or renunciation of the legacy; if no expression is made within the expiration date, the legatee shall be deemed to have given up the legacy.