How to inherit the property of a living parent

The surviving parent already owns fifty percent of the property (husband and wife **** have property), the deceased that fifty percent (the estate of the deceased) by his heirs to inherit. According to the order of inheritance, the spouse, children and parents have a share in the inheritance. Inheritance in accordance with the law is as follows: First, there is a bequest maintenance agreement, according to the bequest maintenance agreement for inheritance distribution. Secondly, if there is no bequest and maintenance agreement, but there is a will, the inheritance will be distributed according to the will. Thirdly, if there is no bequest agreement and there is no will, the inheritance will be distributed according to the order of legal succession. The order of legal succession is divided into the first and second order, with the first order of heirs including: spouse, children and parents; and the second order of heirs including: siblings, grandparents and grandparents. When inheritance begins, the first-order heirs inherit and the second-order heirs do not inherit. If there is no first-order heir, the second-order heir will inherit. In legal inheritance, the inheritance is generally distributed according to the principle of equal shares. If the parents are alive, how to distribute the property needs to be divided into two levels: First, the inheritance point of view. We all know that under normal circumstances, children are the legal heirs of their parents. But according to our country inheritance law of the second clear provisions, inheritance is from the death of the decedent only began. If the parents are still alive, the inheritance has not begun to talk about the division of inheritance. Parents' property is still parents' property, the children have no right to request the division and claim other property rights. Second, the perspective of analyzing the property. If the extended family has *** have property, in the case of separation, *** with *** have relationship terminated. You can ask for the division of *** have property, which is what we people often call the separation of the family. The division of **** have property, follow the principle that there is an agreement, according to the agreement, there is an agreement, should be dealt with in accordance with the principle of equal shares, and consider the **** have contributed to the **** have property size, appropriate care **** have the actual needs of production, life and so on. However, the division of the couple's ****owned property shall be handled in accordance with the relevant provisions of the Marriage Law.

Legal basis: The relevant provisions of the Civil Code (implemented on January 1, 2021), the first order of heirs are spouse, children and parents. The People's Republic of China *** and the National Code, Article 1,127 inheritance in accordance with the following order: (a) the first order: spouse, children, parents; (b) the second order: siblings, grandparents, grandparents. When the inheritance begins, the first-order heirs shall inherit and the second-order heirs shall not inherit; if there are no first-order heirs to inherit, the second-order heirs shall inherit.

Article 1065 of the Chinese People's **** and National Codes A man and a woman may agree that the property acquired during the marriage and the pre-marital property shall be owned by each of them, or **** together, or partly by each of them, or partly by each of them, or partly by each of them, or partly by each of them, or partly by each of them, or partly by each of them, or partly by each of them, respectively. The agreement shall be in writing. If there is no agreement or if the agreement is unclear, the provisions of Articles 1062 and 1063 of this Law shall apply. The agreement between husband and wife on the property acquired during the marriage and the premarital property shall be legally binding on both parties. If a husband and wife agree that the property acquired during the marriage belongs to each of them, and the debt incurred by one of them is known to the opposite party, the debt shall be settled by the personal property of one of the husband and wife.