Current location - Quotes Website - Signature design - After one spouse passes away, if the property is given to the spouse, why do the siblings of the deceased need to sign?
After one spouse passes away, if the property is given to the spouse, why do the siblings of the deceased need to sign?

First we need to see whether the siblings have rights to the house. Article 1122 of the "People's Republic of China and Civil Code" stipulates: Inheritance is the legal personal property left behind when a natural person dies. Inheritance that cannot be inherited in accordance with the provisions of the law or due to its nature shall not be inherited. If the property is the personal legal property of the deceased, it can be inherited as an inheritance. Secondly, Article 1123 of the Civil Code stipulates: 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 the agreement. If the deceased has left a corresponding will and the issue of property inheritance is clarified, then the inheritance needs to be carried out in accordance with the valid will. If a sibling is excluded from the inheritance in the will, then the sibling has no right to inherit the house. If you leave a will, you do not need the cooperation of others when handling inheritance.

Secondly, Article 1127 of the Civil Code stipulates that inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) second order: Brothers, 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 will inherit. Children referred to in this section include legitimate children, illegitimate children, adopted children and dependent stepchildren. The term “parents” in this article includes biological parents, adoptive parents and step-parents who have a supportive relationship. The term "brothers and sisters" in this article includes brothers and sisters of the same parents, half-brothers and half-brothers, adopted brothers and sisters, and step-brothers and sisters with dependent relationships. It can be seen that after the inheritance begins, if there is a first-in-line heir, the second-in-line heir will not inherit. Therefore, if the decedent still has a spouse, parents, or children, brothers and sisters will not have the right to inherit. If the decedent does not leave a valid will, the cooperation of others is required when inheriting the property, because it is necessary to check whether the decedent's parents are alive and whether there is any issue of transfer of inheritance.