My husband passed away in 2021, leaving behind a house and a rice field. The house was given to him by his parents, and the rice field was bought by my husband and I.
I just found out that my husband left his entire house in his will to his son. This son is now married and living with me. Because I don't get along with my daughter-in-law, I don't want to live with her anymore.
I want to ask, my husband's parents passed away 10 years ago. My husband left the entire house to his son in his will. So do I and the remaining children, who are all over 18 years old, have any rights? If so, what do we need to do to ensure our rights?
Reader Nguyen Thi asked Thanh Nien .
Even if the wife is not named in the will, she is still entitled to 2/3 of the share of a legal heir.
Consultant
Lawyer Nguyen Thi Diem Phuong advises that first of all, it is necessary to determine whether the house was given to your husband by your parents or to both husband and wife. In case there is no basis to determine whether it was given to the husband alone, then according to the Law on Marriage and Family, this is the common property of both husband and wife.
If it is joint property, the will is only valid for the husband's portion of the property, the rest still belongs to you.
According to Article 651 of the Civil Code, "legal heirs" include the first order of heirs: wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children, adopted children of the deceased...
According to Article 644 of the Civil Code, which stipulates that "heirs do not depend on the content of the will", minor children, parents, spouses, and children are still entitled to receive an inheritance equal to 2/3 of a legal heir if the inheritance is divided according to the law, in case they are not given an inheritance by the testator or are only given an inheritance less than 2/3 of that portion.
Therefore, if your parents give your husband a house, even if you are not named in your husband's will, you are still entitled to inherit. That is, you will receive 2/3 of the share of a legal heir, if the inheritance is divided according to the law.
When carrying out the procedure of declaring inheritance according to the will, the inheriting child must have the obligation to prove that there are no "heirs regardless of the content of the will". If your child intentionally makes a false declaration, you have the right to file a lawsuit in court to protect your legitimate rights.
As for the rice field, since it is the joint property of the couple and your husband did not leave a will, it will be divided according to the law. At that time, you will receive 1/2 of the rice field; the remaining 1/2 of the rice field will be divided equally among the first-line heirs, including you and your children.
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