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Subrogation is possible.
Grandfather's estate, if there is a will, follow the will; If there is no will, it shall be inherited by the spouse, children and parents.
If the father dies before the grandfather, the child shall inherit by subrogation. A subrogated heir can generally only inherit his father's share of the estate.
Article 5 of the Inheritance Law After the commencement of inheritance, 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.
Article 10 The inheritance shall be carried out in the following order:
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.
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1. In the case that the owner of the house involved in the case, "Grandpa", did not leave a legal and valid will during his lifetime, after his death, the parties enjoy the right of subrogation when his father died before his grandfather, and may participate in the division of the grandfather's house and other estates together with the other legal first-order heirs of the deceased grandfather.
The right of subrogation can generally only inherit the share that the father of the party should inherit.
2. The inheritance shall be carried out in the following order:
First-order heirs: parents, spouse, children (including legitimate children, illegitimate children, adopted children, and stepchildren with a dependent relationship).
Second order of heirs: grandparents, maternal grandparents, siblings.
After the inheritance begins, it will be inherited by the first-order heirs, the second-order heirs will not inherit, and if there are no first-order heirs, the second-order heirs will inherit.
3. If a person other than the heir has fulfilled the main obligation to support the decedent, the inheritance may be appropriately distributed.
The judicial basis is Articles 10, 11, 12, 13, 14 and 15 of the Inheritance Law of the People's Republic of China.
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All the children of the grandparents, and then the children of the children, have the right to inherit.
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Oh, don't say that you have your own family.
Sports cars, uh, if you have a sports car, why don't you even know the Ferrari 548, tell you that I like sports cars, pay attention to the conversation. I admit that I haven't sat in a Ferrari Lamborghini, but I've touched it, it's much better than you, a person full of nonsense, and I don't get tired of thinking about how to lie every day? Tell you that there are a lot of rich people in the school, don't do it, you have it that day.
I didn't know what was going on, so I was persuaded to quit. Is there an Internet celebrity sister in your family who is very powerful? Let me tell you that my cousin has his own small company, don't think about comparing with me every day, you can't compare.
Oh, don't say you have a sports car, uh, if you have a sports car, why don't you know the Ferrari 548, tell you that I like sports cars, pay attention to the words OK. I admit I've never sat in a Ferrari Lamborghini.
Big brother, please let me succeed. I haven't eaten in three days.
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If there is a will, it will be distributed according to the will.
If there is no will, your father's children + your mother, if there are a few people, it will be divided equally according to several shares.
Do you have questions about the property that your father inherited from your grandfather? The title deed says that your father's name is your father's.
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Actually, this is what you are.
Bai understands that du is very simple, because there will be situations.
There are many different kinds of dao, and how many heirs are there in the family.
Rong is divided equally by head, you just need to understand what an heir is, and then reason one by one. If you don't have a suicide note, and if you don't have brothers or sisters, that's yours. By the way, my mother also has a copy.
The order of inheritance refers to the order in which the heirs inherit the estate after the death of the decedent. Article 10 of the Inheritance Act provides that "estates shall be inherited in the following order:
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 cannot inherit. If there is no first-order heir, the second-order heir shall inherit. ”
Article 12 of the Inheritance Law also stipulates that "a widowed daughter-in-law who has fulfilled the main obligation of support to her father-in-law and mother-in-law, and a widowed son-in-law to her father-in-law and mother-in-law, shall be regarded as the first-order heir." ”
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According to the law of our restoration and inheritance, the system will be followed first.
According to the deceased's valid suicide note as the first reference, if there is no valid suicide note, inherit according to the heirs!
If the father dies, the father's partner is still alive, and there are siblings! The share of the estate is generally equal.
If there is no other first heir in line and there is no suicide note, the house belongs entirely to the son.
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Legal Analysis: If the time of the father's death is before the grandfather, subrogation will occur here. Subrogation refers to:
In legal inheritance, the decedent's children die before the decedent, and the descendants of the decedent's children inherit by subrogation. A person who inherits by subrogation can generally only inherit his share of the estate to which his father or mother is entitled.
Legal basis: Article 1128 of the Civil Code of the People's Republic of China Where the children of the decedent die before the decedent, the direct descendants of the decedent's children shall inherit by subrogation. If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation.
Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.
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If there is no will.
Your parents don't have any agreement on this room.
The approximate algorithm is:
Grandpa died more than ten years ago.
This room your dad has 1 2 of 1 3
Father and mother divorced.
Your dad has 1 2 1 3 1 2
i.e. this part is your father's inheritance.
Then there was the death of my grandmother.
Then your grandma's legacy is.
You can subrogate this part and divide it equally with your aunt, and if you don't have siblings, you can conclude that you have.
1 2 + 1 2 of 1 3 and 1 2 of 1 3 1 2
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Your grandparents' house, since your grandparents have passed away, your father has also passed away, however, since your grandparents do not have a will, therefore, according to the inheritance law of the People's Republic of China, all the immediate family members of your grandparents have the right to inherit their estate, but the share of the inheritance, which will vary according to the distance of the kinship. From your description, you and your aunt have the right to inherit, and your other relatives also have the right to inherit, but they must be ranked after your aunt and you, unless they declare or notarize a renunciation of the inheritance. The reason why you are in front of you is mainly because she is the current first heir in line to tear the owner, and you belong to the grandchildren, so you can only line up as the second in line.
As for the size of the share, it can only take effect after the collegiate discussion of the relevant local departments.
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When your grandfather died, your father, aunt, and grandmother were supposed to inherit the property, and your father could inherit according to your grandfather's will, or according to the law, and now you can transfer to inherit your grandfather's estate, which should have been inherited by your father.
Now it is the grandmother who died after the father, if the grandmother has a will, inherit according to the will, and without the will you can subrogate the grandmother's estate that should be inherited by your father.
The inheritance of grandparents should be inherited separately, and although the real estate is registered in the name of the grandfather, if it is obtained by the grandparents after marriage, it belongs to the joint property of the husband and wife.
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It is possible to inherit, if the time of the father's death is in front of the grandfather, subrogation will occur here, subrogation refers to the legal inheritance equipment heir's children are suspended in the death of the decedent, and the descendants of the decedent's direct daughter are only blood relatives subrogation and the person who inherits the rank can generally only inherit the share of the inheritance that his father and mother are entitled to.
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YesThere is a partial inheritanceYes, when grandpa dies, grandma is the first heir, and when grandma dies, it is your father and aunt who inherit and are second in line. When your father dies, you should also have your father's share of the inheritance. I just don't know how your family used to negotiate the inheritance issue.
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Hello, according to your description, your grandfather, father, and grandmother passed away one after another, 1. When grandpa died, half of the house was grandpa's inheritance, and grandpa's estate was inherited by grandma, father, and aunt, that is, father and aunt each accounted for one-sixth, and grandma accounted for two-thirds.
2. When your father dies, you and your grandmother inherit one-sixth of your father's father, and each one-twelfth of it.
3. After the death of grandma, grandma's 2 3 + 1 12, that is, 3 4 real estate is inherited by you and your aunt, each accounting for 3 8, you belong to subrogation, because your father died in front of grandma.
Your share is: 1 12 + 3 8 = 11 24 Aunt deserves: 1 6 + 3 8 = 13 24
If the aunt renounces the inheritance, it's all yours.
My analysis can be used as a reference, and it is best to consult a lawyer.
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According to the interpretation of the right of succession under the civil law, your father's sister who is still alive is the first heir.
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If your grandfather has no other children, of course you have the right to inherit, and after your grandfather dies, first your grandfather's children will have the right to inherit, and then your grandfather's granddaughter will have the right to inherit.
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You and your sister have the right to inherit, if he doesn't want it, then you have to go to the notarization, of course, you have to make a relationship certificate, you can go to the housing management office to ask.
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You have the right to inherit, your aunt has it, the name is your grandfather's, your grandmother and your father and your aunt have the right to inherit when you die, and now that your father has passed away, without a will, you can inherit your father's part, not all of it!
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Answer: When your grandfather died, your father died, and your grandmother died, you should have the right to inherit your grandfather's house.
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The law states that in the absence of a will, the division of property left by the death of your grandparents should be: your aunt and you have the right to inherit a part of yourself, and if your aunt does not care about you, she may give you the part that originally belonged to her, but only if the relationship between your aunt and nephew is good.
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It is his name that is not equal to his, from the perspective of the family, the more it proves that it is his, the more it proves that it is his family, the family is rich to a certain extent, and the main contribution is made by him, then it can be considered that there is something at the personal level, and future generations need to agree with all of them, and there is no basis for empty words, otherwise the contribution has not been done enough, continue to do it. The glory of the ancestors and the big families are determined by the actual situation, and the eminence has not yet succeeded, and they still need to work hard. Ordinary families have nothing to do with inheritance, so don't chill yourself if you have nothing to do.
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In this case, you only have a partial inheritance, which is what your father should have inherited.
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Your aunt has at least half of the inheritance, you only have a partial inheritance, and to be precise, you inherit your father's and not your grandfather.
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According to the current family property inheritance law in our country, you have the right to inherit. You can consult with the law firm for the specific situation, so that you can rest assured.
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Subrogation is subject to the following conditions:
1.The subrogated person who has the right to inherit dies before the succession begins. China's current inheritance law stipulates that the only reason for subrogation is that the subrogated person dies before the decedent as the only reason for subrogation, and subrogation can only occur when the subrogated person dies before the decedent (including natural death and declared death).
If the heir dies after the death of the deceased, the heir has to inherit on his own because the inheritance has already begun, and no subrogation will occur. In such a case, if the heirs have not yet had time to actually receive the inheritance, there can only be subrogation, but not subrogation.
2.The subrogated person is the child of the decedent faction. According to the provisions of China's current inheritance law, subrogation can only occur when the decedent's children die before the decedent, and the decedent's natural children, adopted children and stepchildren with dependency relationships are all subrogated heirs.
Therefore, only the children of the decedent can become subrogated, and no other heirs can become subrogated. In other words, subrogation does not occur when the other heirs die before the succession begins.
Therefore, no.
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Logically no.
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You can go to the relevant location to continue the search, giving you a simpler and clearer way to show it.
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