How is a family member s estate determined?

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Article 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.

Article 12. Where a widowed daughter-in-law has fulfilled the primary obligation of support to her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.

Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

Where the heirs agree through consultation, it may also be unequal.

Article 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who are dependent on the decedent's support, or who are not heirs who support the decedent more.

Statutory inheritance refers to a legal activity in which the decedent does not leave a will when he dies, and the inheritance of his personal legal estate is carried out by the scope, order and distribution principles of heirs prescribed by law.

Article 10 of the Inheritance Law clearly stipulates that the legal incumbent is "the spouse, children, and parents are the heirs in the first order; Siblings, grandparents, and maternal grandparents are second-order heirs; If a widowed daughter-in-law has fulfilled the legal obligation to support her parents-in-law, or a widowed son-in-law has fulfilled her legal obligation to support her father-in-law or mother-in-law, she shall be the first-order heir, in addition to grandchildren, maternal grandchildren, and posthumous children who were living at birth. ”

Statutory succession shall apply in the following cases of inheritance:

1. In the absence of a bequest and maintenance agreement and no legal will;

2. When the heirs and donees of the will die before the testator and the will loses validity;

3. In the event that the heirs of the will have renounced the inheritance;

4. In the event that the testamentary heir loses the right of inheritance;

5. If the donee of the will has renounced the gift;

6. In the event that the donee of the will loses the right to receive the donation;

7. When the will is not legal or valid in its entirety for any reason;

8. The invalidity of the part of the estate in the event of a partial invalidity of the will;

9. Wills that do not involve the disposal of the estate, and the disposal of the estate by the heirs;

10. When the heir or donee named in the will fails to perform the legal obligations in the will and is decided by the people's court to cancel the right of inheritance or donation;

Ten. 1. The share of the specific estate reserved for the fetus in the will, which is stillborn at birth, is subject to statutory succession.

In practice, the determination of family property should be grasped from the following two aspects:

1. Family property consists of individual family and family common property.

2. If the deceased is a family member, the scope of his estate shall include his personal family property and the part of the common family property that should belong to him.

1. When there are only two husband and wife members of the family, all the common property of the family has the joint property of the husband and wife. In the event of the death of one of the penitent spouses, one-half of the joint property is the deceased's estate. In the event of the death of one of the spouses, one-half of the joint property is the deceased's estate.

2. In addition to husband and wife, there are children among family members, and attention should be paid to distinguishing between inheritance and family common property: Bi Zhenghong.

The ownership of the daily necessities of the minor children, the items for remuneration or rewards obtained through creation, and the property acquired by accepting gifts, bequests and inheritances shall belong to the minor children, but only temporarily by the parents**. When the parents die and the estate is divided, the property of the minor child shall be separated from the inheritance of the parents and shall not be divided as the inheritance of the parents.

The rights of children who have already participated in the work (labour) and who have directly participated in the accumulation of the joint family property should be affirmed. In the event of the death of the parents and the determination of the extent of their estate, the share of the children directly involved in the accumulation of the joint family property shall be divided from the joint family property, and shall not be divided by the inheritance of the parents.

Distinguish between personal debts owed by the deceased during his lifetime and joint debts owed by the entire family. Debts owed in the name of the deceased and used solely for his or her personal use are personal debts of the deceased during his lifetime and should be included in his estate.

Legal basis] Article 1153, Paragraph 2 of the Civil Code, where the inheritance is in the common property of the family, the property of others shall be divided first.

In the case of an inheritance in the joint family property, half of the jointly owned property must be divided into the spouse's property first, and then the inheritance shall be processed; Half of the division plus the personal property of the deceased during his lifetime is the estate of the deceased, and after the inheritance begins, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

[Legal basis].

Article 1132 of the Civil Code of the People's Republic of China shall be in the spirit of mutual understanding, mutual accommodation, harmony and unity, and shall negotiate and deal with the inheritance issue. The time, method and share of the division of the estate shall be determined by the heirs through consultation; If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court. Article 1153:Except as otherwise agreed, when dividing the property jointly owned by husband and wife, half of the jointly owned property shall first be divided into the spouse's property, and the rest shall be the inheritance of the decedent.

Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.

According to China's inheritance law, spouse (your mother), children (3 siblings), and parents (your grandfather and grandmother) are the first legal heirs.

When your father dies, 50% of your mother's joint property will be deducted, and the remaining 50% will be divided equally between your mother and your siblings. Because your three siblings have the right to inherit legally, your mother has no right to dispose of part of your father's estate (the house is given to the young).

Therefore, the other 2 people can claim the inheritance of your father's estate.

The rules for inheritance are as follows: half for widows and half for children.

Of course, the family's affection is the most important, and the two elder brothers are out in the world, hard, tired, and quite capable. My younger sister takes care of her parents at home, and she is attentive and considerate. Such a perfect family is the envy of the envy.

Without the son's adventure, the parents must be troubled, with the care of the younger sister, the elder brother is at ease outside, reminiscing more about the past, so as to imagine the future.

If a third person comes forward, you can mention the inheritance, don't hurt the family relationship. Family affection can't be bought with money. The three siblings also have to do a good job in family relations and do a good job in the work of the other half, and it is best to negotiate and solve it.

In the case of intestate, according to Article 13 of the Inheritance Law, the following principles shall be observed in the distribution of inheritance in accordance with the law:

The principle of equal shares.

According to the Inheritance Law:"The share of inheritance inherited by heirs in the same order shall generally be equal"。Here"General"means roughly the same thing. However, it is difficult to grasp the equalization of the distribution of some inheritances. However, it may also be unequal by the agreement of the heirs.

Embody the principle of caring for the elderly and raising children.

China's "Inheritance Law" stipulates:"Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance. i.e. multi-point legacy.

The principle of consistency of rights and obligations.

How to reflect the unity of power and righteousness? It can be summarized in three sentences: those who do more are more obligatory; Those who do less will receive less points; There is no distinction between those who do not fulfill their obligations.

Heirs who have fulfilled the obligation of primary support or support for the decedent or who live with the decedent may receive more than one share in the distribution. On the contrary, if the heirs who have the ability to support the deceased and have the conditions to support them do not fulfill their obligation to support, they shall not divide or divide the inheritance less;

The principle of proper care.

Article 14 of China's "Inheritance Law" stipulates: For those who lack the ability to work and have no livelihood other than the heirs who rely on the decedent's support, or those who support the decedent more than the heirs, they can be given an appropriate inheritance. Depending on the circumstances, more estates can be divided.

If there is no written gift, you can ask for an equal distribution, or you will bear the entire cost and you will give up your property. That is to say, if the old and the young have a basis for all of them, and if there is no basis, they must be divided equally and provide for the elderly together.

1. According to the provisions of China's "Inheritance Law", the inheritance is generally the personal legal property left by the death of a citizen, and the tenant of the public property only has the right to use it, but has no ownership, so it is not within the scope of the inheritance and cannot be inherited according to law.

2. Distribution of the father's deposits. Your grandparents, your mother, and the three siblings are divided equally.

3. Since your brother and sister do not have a situation of non-support, they cannot be deprived of the right of inheritance4, and the old and young can appropriately share more because of their obligations.

In accordance with the provisions of the Inheritance Act. The children of the husband and wife have the legal right to inherit the estate. According to the estate, the property that is now demolished and the parents' deposit is jointly inherited property and should be divided.

There is no legal basis for the mother's private gift. The father's house inheritance and other property are partly owned by the mother. The three siblings inherit together according to their shares.

As for the mother's alimony. It should be a premise that the boundaries of property are clear. Negotiate an agreement.

Make sure that mothers enjoy their old age in peace.

According to your supplementary instructions. Public housing is not inherited. The nature of the property rights of the resettlement house determines whether you inherit it.

According to what you said, the real estate certificate has been transferred. That should be a continuation of the parents' joint property. Your rights have been taken away.

Rights can only be won through litigation. Inheritance and dissolution.

The old man is still there, and there is no problem with the distribution of inheritance!

The estate administrator shall perform the following duties: (1) clean up the estate and make an inventory of the estate; (2) Report the inheritance to the heirs; (3) to take necessary measures to prevent the damage or loss of the heritage; (4) Dealing with the creditor's rights and debts of the decedent; (5) Divide the estate in accordance with the will or in accordance with the provisions of law; (6) Carry out other necessary acts related to the management of the heritage.

The law is scattered and the sail law is based

Article 1140 of the Civil Code, Article 7, the estate administrator shall perform the following duties: (1) clean up the estate and make an inventory of the estate; (2) Report the inheritance to the heirs; (3) to take necessary measures to prevent the damage or loss of the heritage; (4) Dealing with the creditor's rights and debts of the decedent; (5) Divide the estate in accordance with the will or in accordance with the provisions of law; (6) Carry out other necessary acts related to the management of the heritage.

First, a notarized will is the original property and is useless against the property;

Second, the demolition and resettlement houses belong to all members of your family;

Third, when you bought the house with the demolition money, your father and his second wife were not married (officially registered), then the house belonged to your father before marriage, and there was no second wife; In addition, according to the provisions of the Marriage Law, the house belongs to your father before marriage, and there is no second wife;

Fourth, you have the right to inherit;

Hello, I can help you get your share of the property.

Specifically, you can contact us.

Fifth, it seems that the house belongs to you and your father, your father died, the house he made a will to dispose of has been demolished, and the new house that was resettled in 2006 has not been re-made in the will, and the original will does not apply to the new house, so, according to the relevant provisions of the inheritance law, there is no will to be handled according to the legal inheritance, that is, 50% of your father's will is inherited by your spouse, the children's parents, that is, 50% of your father's is divided into three equal parts, and the second wife, your brother and you each get a share.

Sixth, you mentioned that your younger brother is not your father's child, and if you raise suspicions, you can do a DNA test, if it is not your father's, then your younger brother has no right to inherit.

Your grandmother and grandfather have the right to inherit if they are still alive.

If you want to do a DNA test on your brother, you must initiate a lawsuit and submit a written application to the people's court within 30 days after the case is filed, because the identification agency does not accept applications from individual citizens.

Seventh, the house is a real estate, once demolished, the property right will be extinguished, and the property right must be re-established when the house is repurchased. Therefore, the original will does not apply to this house.

Hurry up and prepare materials for prosecution.

Let's prepare materials for prosecution.