Entitled to Inherited Assets, Can One Request an Inheritance Distribution After the Parents Pass Away?
*In case the parents left a will
According to Article 624 of the Civil Code 2015: A will is the expression of an individual's will to transfer their assets to another person after their death.
If, before your parents passed away, they left a will, the inheritance will be divided according to the will (in the case the will is lawful). If in the will, your parents allocated assets to your brother, he will receive those assets.
* In case the parents did not leave a will, the inheritance will be divided according to the law
According to Article 651 of the Civil Code 2015, the legal heirs are defined as follows:
- The legal heirs are arranged in the following order:
a) The first line of heirs includes: spouse, biological father, biological mother, adoptive father, adoptive mother, biological child, adoptive child of the deceased;
b) The second line of heirs includes: paternal grandparents, maternal grandparents, siblings of the deceased; nephews and nieces of the deceased, where the deceased was their grandparent;
c) The third line of heirs includes: great-grandparents of the deceased; uncles, aunts, and other siblings of the deceased's parents; grandchildren of the deceased, where the deceased was their uncle or aunt; great-grandchildren of the deceased where the deceased was their great-grandparent.
The heirs in the same line shall receive an equal share of the inheritance.
Heirs in a subsequent line shall only inherit if there are no heirs in the preceding line due to death, disqualification from inheritance, forfeiture of the right to inherit, or refusal to accept the inheritance.
According to the information you provided, your brother was given land separately by your parents. However, when your parents pass away, your brother will still inherit as those in the same line of heirs unless your brother has been convicted for acts of deliberately infringing on the health, life, mistreating, abusing, or seriously violating the obligation to care for your parents, as stipulated in Article 621 of the Civil Code 2015.
- The following persons are disqualified from inheritance:
a) Persons convicted for acts of deliberately infringing on the life, health, or seriously mistreating or abusing the person who left the estate, severely violating the honor and dignity of such person;
b) Persons seriously violating the duty to support the person who left the estate;
c) Persons convicted for acts of deliberately infringing on the life of another heir to claim part or all of the inheritance that person is entitled to;
d) Persons committing acts of deception, coercion, or preventing the person who left the estate from making a will; falsifying, modifying, destroying, or concealing the will to claim part or all of the inheritance contrary to the will of the deceased.
- Persons mentioned in clause 1 of this Article are still entitled to inheritance if the person who left the estate, knowing their acts, still allowed them to inherit according to the will.
Best regards!
