问题 单项选择题

于2002年与张二结婚,第二年张二继承了父母的遗产三间房子和一些日用家具。2004年张二不幸身亡,临终前向妻子金婵和亲友们表示,他死后要把家中归己的财产留给自己的后代。张二去世后,金婵也由于过度悲伤引起早产,于2005年1月3日生下一男婴。男孩生后第二天死亡,金婵也于产后第6天死于破伤风。张二的哥哥张大参加了丧事料理,并叫其子张峰为死者“打幡”“摔盆”,声称要继承死者的遗产。金婵的母亲李秀玉在金婵夫妻患病期间,一直照顾她们,在金婵死后,李秀玉收拾死者衣物准备回自己家时,张大父子出来斥责,并关门上锁,不准李秀玉再进屋动一针一线。下列表述正确的是:

A.张二去世后,金婵、胎儿是合法继承人

B.金婵死亡后;张大有权分得部分遗产

C.金婵死亡后,李秀玉是唯一合法继承人

D.张二的口头遗嘱没有法律效力

答案

参考答案:C

解析:继承人范围与顺序 依《继承法》第10、26、28条等规定,对本案分析如下: 张二的口头遗嘱有众人见证,应为有效,张二的遗产归其男孩所有;男孩死后,归其惟一合法继承人即母亲金婵所有;金婵死后归其惟一合法继承人即母亲李秀玉所有。其他人并无合法继承权。

判断题
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