Parents or children after father’s death

According to the provisions of China s inheritance law, if parents inherit the estate through legal means after their death, both parents and children belong to the first order heirs and both have the right to inherit the estate.

After the succession begins, the successor in the first order inherits, and the successor in the second order does not inherit. If there is no successor in the first order, the successor in the second order shall inherit it.

Said Brothers and sisters referred to in this law include siblings who are the same parents, half-sisters or half-brothers, adoptive siblings, and step-brothers who have a supporting relationship.

The testator has not retained the inheritance share of the heir who lacks labor capacity and no source of living. When handling the estate, he should leave the necessary inheritance for the heir, and the remaining part can be handled with reference to the distribution principle determined by the will. However, it should be noted that whether the heir lacks labor capacity and no source of living should be determined according to the specific circumstances of the heir at the time the will is effective. That is, the judgment of the heir is based on the death of the heir.

The The time limit for filing a lawsuit over a dispute over inheritance is three years, calculated from the date when the heir knows or should know that his rights have been violated. However, no more than 20 years have elapsed since the date of inheritance.

According to the provisions of China s inheritance law, if parents inherit the estate through legal means after their death, both parents and children belong to the first order heirs and both have the right to inherit the estate.

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