Can the Sister Inherit the Brother's Estate?

My household consists of two brothers; my brother is 10 years older than me. Our parents passed away early, and I have lived with my brother since I was young. My brother has not yet married, and I have been living with him in his house. Last month, my brother passed away in a traffic accident, leaving me alone in the house. I wish to sell this house to relocate and settle abroad, as I no longer have any relatives here. Could the Advisory Board inform me whether I can inherit my brother's house? I look forward to receiving a response from the Advisory Board soon.Minh Hien - hien*****@gmail.com

According to the provisions of Article 650 of the Civil Code 2015 on cases of inheritance according to law:

- No will exists;

- The will is not lawful;

- The heirs designated by the will passed away before or at the same time as the testator; the agency or organization entitled to inherit according to the will does not exist at the time of the opening of inheritance;

- The persons designated as heirs according to the will do not have the right to inherit the estate or refuse to receive the estate.

==> Your brother passed away due to a traffic accident, leaving no will, thus falling into the case of inheritance distribution according to the law.

According to the provisions of Article 651 of the Civil Code 2015 on the order of inheritance ranks:

- The first order of heirs includes: the spouse, biological father, biological mother, adoptive father, adoptive mother, biological children, adopted children of the deceased;

- The second order of heirs includes: paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, biological brothers, biological sisters, and biological siblings of the deceased; biological nieces and nephews of the deceased whose parents are the deceased's children;

- The third order of heirs includes: great-grandparents of the deceased; paternal uncles, paternal aunts, maternal uncles, maternal aunts of the deceased; biological grandchildren of the deceased, where the deceased was the paternal or maternal uncle or aunt; great-grandchildren of the deceased where the deceased was the great-grandfather or great-grandmother.

People in the later ranks of heirs will only inherit if there is no one in the earlier ranks due to death, not having the right to inherit the estate, being disqualified from inheritance, or refusing to receive the estate.

==> Your parents passed away early, and you lived with your brother, who has not yet started a family. Since the persons in the first order of heirs of your brother are not available, despite you being in the second order, you still have the right to inherit the portion of the estate left by your brother.

We hope that our advice will help resolve your queries.

Wishing you health and success!

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