题目详情

王强、李玉夫妇生有一子王健。王健娶妻章晖,育有一女王晓。2011年4月,王健因祸丧生,章晖继续赡养体弱多病的公婆。2014年王强病故。经查,王强名下有房屋1套婚后所购。

问:

(1)本案中的房屋是否全部属于王强的遗产?为什么?

(2)谁有权继承王强的遗产?为什么?

正确答案及解析

正确答案
解析

(1)不全部属于王强的遗产因为王强名下的房屋系夫妻共同所有的财产,除另有约定外,分割遗产时,应当先将房屋的一半分出为配偶李玉所有,另一半才为王强的遗产。

(2)李玉、章晖、王晓有权继承王强的遗产。因为李玉系王强的配偶,为第一顺序继承人;章晖系尽了主要赡养义务的丧偶儿媳,视为第一顺序继承人;王健系王强的儿子,为第一顺序继承人,王健先于被继承人死亡,其女儿王晓享有代位继承权。

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