As the parents grow older and the children run to the age of no doubt, the problem of inheriting their parents' Heritage emerges. In a family with many children, real estate inheritance always causes such and such disputes. In a family with only one child, some only children can't inherit their parents' inheritance. Why? What should we pay attention to when inheriting the real estate transfer? A small part of the book is to popularize relevant knowledge of property safety.
Why can't some only children inherit their parents' real estate in full?
According to the law, the persons in the first order in the legal succession include: spouse, children and parents. This means that in the relationship between the three generations, once the parents in the middle die early, if they do not make a will and the grandparents do not give up inheritance, then the property (real estate) originally belonging to the parents should be distributed to the grandparents and the grandchildren.
For example, Xiao Ming's parents passed away one after another. After a period of time, his grandmother passed away. His father had four brothers, and the property left behind was registered in his father's name. Then, how much property can Xiao Ming obtain legally?
Calculation method:
1. After Xiaoming's father died, 1 / 2 of his property belonged to his mother and 1 / 2 belonged to his father's heritage.
At this time, there are three heirs: Xiaoming, Xiaoming's mother, and Xiaoming's grandmother. If there is no special situation, the three are equally divided into 1 / 2, that is, Xiaoming's mother has 1 / 2 + 1 / 6, Xiaoming's mother has 1 / 6, and Xiaoming's grandmother has 1 / 6.
2. After grandma passed away, one sixth of her grandmother was inherited by her father's four brothers, each of whom was divided into 1 / 24. Since her father had passed away, Xiao Ming inherited one fourth.
3. After Xiaoming's mother died, Xiaoming inherited 2 / 3 of his previous properties.
On the whole, Xiaoming got 1 / 6 + 1 / 24 + 2 / 3 = 7 / 8 of the real estate. In this case, what should Xiaoming do if he wants to inherit all the real estate? This requires all the heirs except xiaoming to give up the right of inheritance and notarize it, and then take the required certificates to the real estate registration center for transfer.
How do children inherit their parents' property in full?
Lawyers said that if you want your children to inherit the property smoothly, the most safe way is to make a notarial will before you die. It's better to be ready to make a will when you are over 50. If a will is made and the child is found unfilial, the will can be changed at any time and the property can be distributed according to his own will. Of course, you can also give your children real estate and other things before you die, 'and attach conditions, as long as your parents are alive, you can enjoy the right to use the house'.
When the owner dies, how can children transfer the property to their own name?
If the children and other successor agree, they can go to the notary office to carry out the notarization of inheritance, then transfer to the real estate registration process for housing transfer, or get the mediation book transfer procedure through the court's mediation procedure before litigation. If no agreement can be reached, it is necessary to sue to the court to deal with the relevant inheritance disputes.
The specific steps are as follows:
1. Housing appraisal: first of all, we must evaluate the market value of the housing through the appraisal company. The appraisal company will make professional price analysis and property price evaluation according to the important factors such as the road section, sitting direction, floor, building age, etc., and determine the accurate market value price of the property.
2. Notarization of inheritance: the applicant shall go through the notarization of inheritance at the notary office where the house is located and receive the notarization of inheritance. When going through notarization, it is necessary to provide the death certificate of the owner of the house, the list of the legal successors issued by the legal authority, and the original will (if any) made by the original owner of the house. If part of the legal heirs voluntarily give up the right of inheritance, they must issue the certificate of giving up the property commitment.
3. Housing surveying and mapping: the applicant must go to the real estate surveying and mapping department to apply for the formalities of housing area surveying and mapping or transfer drawing, and get the surveying and mapping results or drawings, so as to go through the formalities of property right registration.
4. Inheritance registration: the applicant shall apply for inheritance registration at the real estate trading center with real estate certificate, inheritance notarial certificate, housing surveying and mapping certificate, etc. After filling in the application for real estate property right registration and submitting the above information, the case handling personnel will accept the case and issue the receipt. After all the data are reviewed, the property ownership certificate of the changed owner will be issued.
5. Other materials required to be submitted: if the house ownership and other matters are judged, ruled or mediated by the court, the court judgment, ruling or mediation document must be submitted. If it is found that the house has been reconstructed or has been illegally constructed through field surveying and mapping, it must submit the application for construction examination or decision of the planning department.
Materials to be submitted for notarization of property inheritance right:
1. Death certificate of the decedent
2. The property right certificate or other certificates of the house are required for the transfer of the real estate certificate;
3. Household register or other documents that can prove the kinship between the decedent and the legal heir
4. The identity certificate of the heir is required to handle the transfer formalities of the real estate certificate
For the registration of house transfer, the applicant shall submit the following documents to the registration authority:
1. Application for real estate registration (original)
2. ID (copy)
3、 Certificate of real estate ownership (original)
4. Notarial documents of inheritance right or will and acceptance of bequest (original)
5. Deed tax payment certificate (original).
What can I do if I don't even have a will?
If there is no will, you can go to the police station to issue a certificate: the heir himself has no brothers and sisters, and the heir's parents also died.
As long as the public security organ issues the household registration certificate of kinship, it can prove that this child is the only legal heir, and then go to the court to make a confirmation lawsuit to confirm that the house is used by the heir according to the relevant provisions of the inheritance law. The court confirms the judgment, and then the house can be transferred smoothly to the housing authority.
Does it need to pay tax to transfer the real estate to the children's name after the death of the parents?
Experts explained that it is necessary to provide death certificate, household register, real estate certificate, land certificate, ID card, etc., and then transfer the real estate to the Housing Authority after obtaining the notarial certificate. The fees to be paid for the transfer include deed tax, mapping fee, ownership registration fee, material fee and notarization fee. It can only be inherited. It can't be normal. 20% of the tax can't be transferred after death. We need to go through the inheritance tax procedure. The deed tax can only be transferred in the lifetime.
Due to some wrong cognition, many only children think that they should inherit their parents' real estate in full. However, in the face of the law, inheritance is not as simple as parents passing on their children. So if you encounter such a thing, you must consult the relevant legal personnel.