How do foreign children inherit their parents' multiple properties in China?

Our Mabel automatically acquired American citizenship after birth. However, due to various reasons, some Mabel's parents may not immigrate to the United States with Mabel in the future, and they will always retain their China citizenship.

Although a family is related by blood, they have different nationalities. So, will Mabel have problems in future property inheritance? Mabel's mother, Anny, has this problem.

Anny is not worried about this problem. It is best to do your homework early.

Two years ago, a father made a big mistake because he couldn't figure out the problem

20 19 There is a high school in Changning District, Shanghai. He married a foreign Chinese, and his wife worked in Hong Kong all the year round. 20 13, after his daughter was born, she joined a foreign country with her mother.

Considering the inheritance of the property under her name, a few years after her daughter was born, she wanted her daughter to settle in Shanghai. To this end, Gao made a side door and entrusted others to handle a birth medical certificate and a judicial appraisal of paternity test in Shanxi Province for his daughter.

With this certificate, Gao successfully registered her daughter in Shanghai, but Gao's tricks failed to escape the close scrutiny of the public security organs.

A few months later, when checking the household registration, the police station found that the birth certificate of Shanxi Maternal and Child Health Hospital submitted by Gao, the appraisal opinion of the Judicial Appraisal Center of the Institute of Forensic Science and Technology, and the three seals on the above documents were all forged.

Gao later said in an interview: "When he gave it to me later, I also considered that most of them were fake. Before registered permanent residence, I realized that this (proof document) should be false. "

In the end, Gao was sentenced to two months and ten days in criminal detention by Changning Court and fined 2,000 yuan.

The defendant has a high degree and a master's degree, but a person with such a high degree actually took risks to forge birth certificates, paternity tests and other documents in order to let foreign daughters inherit their property in the future.

Gao's story is over, now it's time to concentrate!

If foreign children want to inherit their parents' real estate in China, do they have to have a domestic hukou, or even a hukou in the same place as their parents?

Of course not!

According to the provisions of the Law of Succession, the laws of China apply to overseas Chinese and Chinese who inherit property in China.

In other words, foreign children can inherit the property of China's parents. However, foreign-related inheritance requires a certificate of inheritance issued by a Chinese notary office.

China Mabel's parents can choose the following ways to transfer their domestic properties to Mabel.

Mode 1: Donation before death

1, Mabel's parents need to pay attention that if the property is in a restricted area such as Beijing, Mabel must be qualified to buy a house in Beijing before accepting the gift.

2. This gift involves the tax issues in China.

Individuals who donate real estate for free are required to pay the full deed tax (the current tax rate is 3%), and in most cases, they are required to pay 20% personal income tax, but those who donate to their immediate family members, dependents or legal heirs of the house heritage are exempt from personal income tax.

3. Mabel's tax return to the United States after accepting the gift.

Method 2: testamentary succession.

Note that if you make a will in the United States, according to the laws of China, you should pay attention to the validity of the will.

The deceased (Mabel's parents) need to go to the notary office to notarize the will.

After the notarization of the will, it is necessary to notarize the right of inheritance in order to realize the final transfer of the property rights of the house.

General materials for notarization of inheritance rights:

A. the original identity certificate of the applicant;

B. Death certificate of the deceased

C. proof of the marital status of the decedent;

D. the property certificate of the decedent;

E making a will overseas requires the certificate of a probate institution and diplomatic authentication;

F proof of kinship issued by the personnel archives department of the deceased;

G. other legal heirs waive their rights;

H. other materials required by the notary.

Mode 3: Legal Inheritance

According to China's inheritance law:

The first order of legal heirs is spouse, children and parents; The second order is brothers and sisters, grandparents and grandparents. After the inheritance begins, the successor in the first order inherits, but the successor in the second order cannot inherit. If there is no successor in the first order, it is inherited by the successor in the second order.

However, Mabel's parents need to pay attention to the fact that the one-child family will also have "other heirs".

There is such a case:

Mr. Li is the only son in his family. After he went to the United States for development, his parents still stayed at home and owned houses and other property. After his parents died, Mr. Li returned to China to prepare for the inheritance. Unexpectedly, he was asked to go to the notary office to do a notarization first to prove that other heirs had no objection to Mr. Li's inheritance.

Mr. Li is puzzled. He is the only child in the family. Where will there be "other heirs"? After understanding, I found that there are indeed other heirs, and the number is still quite large.

The reason is that Mr. Li's parents have passed away. According to China law, when the father died, because the mother was still alive, only half of the family property belonged to the father's inheritance, and the other half belonged to the father and mother. At the same time, the part that belongs to the father's legacy should be distributed among his "spouse, children and parents".

At that time, Mr. Li's grandmother was still alive, and her grandmother should get a third. Later, grandma died, so grandma's heirs (such as Mr. Li's uncles and aunts) became stakeholders in this part of the property.

If Mr. Li wants to get his parents' inheritance, he first needs to sort out the relationship diagram of all the "other heirs", find these people one by one, and then take them to notarization. The lack of any material will lead to the failure of inheritance. Mr. Li is at a loss about this.

In order to avoid unnecessary troubles in the future and save Bao Mei's mind and energy, our parents in Bao Mei must remember to plan ahead!