Legal analysis
If the estate has a will, its parents, children and survivors can inherit the decedent's estate from its will, and if it is intestate. Inheritance begins when the decedent dies, and the heir has the right to inherit the decedent's estate. If both parents are dead, children can inherit their parents' inheritance according to law. 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, the successor in the second order will inherit it. Generally speaking, the share of heirs in the same order should be equal. When distributing the inheritance, we should take care of the heirs who have special difficulties and lack the ability to work. Heirs who have the main obligation to support the decedent or live together with the decedent can get more points in the distribution of the estate. If an heir who has the ability and conditions to support fails to perform the obligation of support, he shall not divide or divide the estate. The property left by the father after his death should be inherited by the first heir. When there are multiple first heirs, the property left by the father should be obtained by these first heirs equally. In case of special circumstances, specific problems should be treated specifically. After all, every family is different.
legal ground
Article 1 127 of the Civil Code of People's Republic of China (PRC) (hereinafter referred to as the Civil Code) carries out inheritance in the following order: (1) The first order: spouse, children and 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.