Do I have the right to inherit after my sister dies?

Yes, my brother has the right to inherit after my sister died. The younger brother belongs to the second heir, and in the absence of the first heir, the second heir can inherit the inheritance according to law.

1. How is the inheritance distributed after my sister dies?

After the death of my sister, if there is a will, the inheritance will be distributed according to the will. If there is no will, the inheritance shall be inherited according to the statutory inheritance rules.

Article 127 of the Civil Code (implemented from 20021year) shall be inherited 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 with the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.

Second, what are the circumstances in which the heirs lose their inheritance rights?

Article 125 of the Civil Code (effective from 202 1 1) shall lose the right of inheritance if the heir commits one of the following acts:

(1) Intentionally killing the decedent;

(2) Killing other heirs in order to compete for the right of inheritance;

(3) Abandoning the decedent or maltreating the decedent if the circumstances are serious;

(4) Forging, tampering, concealing or destroying a will, if the circumstances are serious;

(5) forcing or obstructing the decedent to establish, change or withdraw his will by means of fraud or coercion, and the circumstances are serious.

If the heir has committed the acts mentioned in Items 3 to 5 of the preceding paragraph, and indeed shows repentance, and the decedent later expresses forgiveness or is listed as an heir in his will, the heir shall not lose his inheritance right.

If the legatee commits the act specified in the first paragraph of this article, he shall lose the right to be bequeathed.

Third, what is the invalid will?

(a) the testator does not have full capacity.

A testator must have the capacity to act when making a will. A will made by a person without capacity is still invalid even if he has capacity later. The testator has the capacity to act when he makes a will, but the subsequent loss of capacity does not affect the validity of the will. Therefore, if the testator is a person with no capacity or limited capacity at the time of making a will, the will made is invalid.

(2) The content of the will is not the true meaning of the testator.

Even if the testator has full capacity, if the content of the will is not its true meaning, the will has no legal effect. There are mainly the following situations in which the contents of the will are not the true meaning of the testator:

1. The will made by the testator under duress, deception or unconsciousness;

2. Forging a will;

3. If the will is tampered with, the tampered content is invalid.

(3) The will is invalid because of the testator.

After my sister's death, the distribution of inheritance depends first on whether there is a will, which takes precedence over legal inheritance, so the will is executed first. If there is no will, it can be inherited according to law.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 127 of the Civil Code of People's Republic of China (PRC) is inherited 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 will inherit it, and if the successor in the second order does not inherit it, the successor in the second order will inherit it.

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 with the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.