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Both parents are dead. Who will own the house?
1. If there is a legacy support agreement, the house shall be owned by the supporter agreed in the agreement;
2. If there is a will, it belongs to the testator;
3. According to the legal inheritance, the house belongs to the first-order legal heir of the parents, and if there is no first-order heir, it will be inherited by the second-order heir.
legal ground
Article 123 of the Civil Code of People's Republic of China (PRC)
After the beginning of inheritance, it shall be handled in accordance with legal inheritance; If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement.
Article 127
Inheritance is carried out in the following order:
(1) First order: spouse, children, parents;
(2) The second order: brothers and sisters, grandparents and grandparents.
After the inheritance 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, it is inherited by the successor in the second order.
The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship.
Brothers and sisters referred to in this part include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.
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