Job Recruitment Website - Immigration policy - Who owns the house where parents immigrated?

Who owns the house where parents immigrated?

1. If the parents made a will before their death, who will give the house to before the will is legal and valid. 2. If the will is invalid, or the house is not disposed of in the will, or there is no will. At this time, parents' houses were generally inherited in legal order. Usually inherited equally by parents and children.

1. To which side does the property belong after the death of parents?

According to the relevant provisions of the inheritance law, if your parents made a will before their death, the will shall prevail. If there is no will, they will inherit in legal order. Parents' parents and children are the first heirs of property, and the inheritance should be divided equally in principle. If there is no successor in the first order, it shall be inherited by the successor in the second order.

Civil code (effective from 20211) "

Article 127 The inheritance shall be inherited in the following order:

First order: spouse, children, parents.

The second order: brothers and sisters, grandparents, 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.

Children referred to in this Law include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.

Parents referred to in this Law include biological parents, adoptive parents and step parents who have a dependency relationship.

Brothers and sisters referred to in this Law include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters and stepbrothers and sisters with dependent relationship.

Second, do I have to pay taxes to inherit the house?

Our country's law stipulates that inheritance of houses should also be taxed. It mainly includes the following parts:

1. notarization fee for inheritance rights: the notarization fee for inheritance rights is charged at 2% of the appraised real estate price inherited by the heirs, and the minimum is not lower than that of 200 yuan.

2. Appraisal fee of real estate value: According to the document of Shanghai Jiafangfang (1996) No.088, according to the different real estate values, the appraisal fee is calculated by the differential progressive method;

3. Taxes and fees for inheritance and transfer of real estate: including contract stamp duty for evaluating house prices, registration fee of 65,438+000 yuan and stamp duty for warrants in 5 yuan.

4. Deed tax: the legal heir inherits the property and is exempt from deed tax. Non-legal heirs who inherit the ownership of land and houses according to the will need to pay deed tax. After the death of parents, will the legacy be inherited by children? This is not absolute, because parents can make a will, and if the inheritance is not distributed to their children in the will, in principle, children cannot inherit it. However, in reality, in most cases, parents have no will. Although children can inherit the inheritance, considering that there are other first-order heirs, they only inherit part of their parents' inheritance.