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律师同志: 我丈大王××于1987年5月病故,遗有两个未成年子女由我抚养。同年8月,我公婆也相继去世,遗留房产10间。公婆的3个子女以我丈夫已死亡,我和两个子女没有继承权为理由,企图独占上述房产。请问我和两个子女是否都有继承权,上述房产能按几份分割。李晓梅李晓梅同志: 我国继承法第十一条对这个问题做了明确规定:“被继承人的子女先于被继承人死亡的,由被继承人的子女的晚辈直系血亲代位继承。代位继承人一般只能继承他的父亲或者母亲有权继承的遗产份额。”
Lawyer Comrade: My lord king × × died in May 1987, leaving two underage children raised by me. In the same year in August, my in-laws also died one after another, leaving 10 houses. The 3 children of my in-laws tried to monopolize the above-mentioned properties on the grounds that my husband has died and I and both children have no inheritance rights. May I ask whether I and two children have inheritance, the above properties can be divided according to several. Comrade Li Xiaomei: Comrade Li Xiaomei: Article 11 of China's Inheritance Law clearly stipulates that: “If the deceased's children die before the deceased's ancestors, they shall be inherited by the immediate descendants of the children of the deceased's descendants. The share of inheritance that his father or mother has the right to inherit. ”