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Does American identity inherit domestic parents' property?
Of course. Children are the first heirs of their parents, and of course they can write wills for their children. Because legal inheritance is based on blood relationship, no matter where children live, they can have the right to inherit.
Inheritance is carried out 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 heir in the first order, the heir in the second order will inherit the estate.
Second, the statutory inheritance distribution ratio
It refers to the basic criteria for determining the share of inheritance that legal heirs in the same order should receive in legal succession. The Civil Code clearly stipulates the principle of inheritance distribution in legal succession, which we should understand from the following two aspects:
Generally speaking, the share of heirs in the same order should be equal. This is the general principle of inheritance distribution in legal succession, that is, legal heirs in the same order should distribute the inheritance equally. The "general" in this article refers to the situation that is not specifically stipulated by law.
Under special circumstances, the share of inheritance of legal heirs may be unequal. According to the relevant provisions of the inheritance law, "special circumstances" mainly refer to:
(a) the heirs who have special difficulties in life and lack the ability to work should be taken care of when distributing their inheritance. Only when heirs have special difficulties in life and lack the ability to work can they be taken care of in the distribution of inheritance, and once they have these two conditions, they should be taken care of.
(2) When distributing the estate to the decedent who has fulfilled the main maintenance obligation or lived with the decedent, it is not mandatory to divide more, but not more.
(3) If the heirs who have the ability and conditions to support fail to perform their maintenance obligations, they should divide the inheritance without division or less, which is an important embodiment of the principle of consistency of rights and obligations in inheritance law. If the heirs meet the following conditions, the inheritance shall not be divided or less divided: the heirs have the ability and conditions to support; Failing to perform the obligation of support; Heirs can also share it equally if they agree through consultation.
Third, the statute of limitations stipulated by inheritance.
The statute of limitations stipulated in the inheritance law is three years.
Article 188 of the Civil Code stipulates that the limitation of action for requesting the people's court to protect civil rights is three years.
The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
I have told you so much about the legal knowledge of American identity inheriting domestic parents' property. To sum up, American identity can inherit the property of domestic parents, because it is the legal heir.
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