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There is no will to be distributed according to the Inheritance Act.
The first in order of heirs are: spouse, children, parents. Generally, these three parties are divided equally.
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.
Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China
34 Although the heirs who have the ability and conditions to support the decedent live together with the deceased, but do not fulfill the obligation to support the decedent who needs support, they may receive a small or no share of the inheritance when they distribute it.
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.
As long as you can provide evidence, your mother should be given no or little share in the distribution of the estate.
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Husbands and wives have an obligation to support each other. As long as you can provide evidence that the mother did not fulfill her maintenance obligations after your father's illness, the estate can be divided with little or no shares.
However, you should determine how much your father's estate is, and if the deposit of more than 100,000 yuan is obtained by your father after marriage and there is no relevant agreement with your mother, then the deposit should be considered as the joint property of the husband and wife, and your mother enjoys half of the deposit. Of course, half of your mother's marital income should be divided into your father's property.
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It should be left to the immediate family, and the husband and wife, the children and the parents should be the first heirs of the property.
Your lawsuit should be resolved, and it is advisable to contact a lawyer, which will be very helpful.
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Yes, as long as it is valid factual evidence, it can play a vital role!
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The family relationship is too complicated, the father dies, how should the inheritance be divided.
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Legal Analysis: It is illegal for the mother to die and the father not divide the child's inheritance. Settle the matter through negotiation first, and if the negotiation fails, it can be resolved by litigation.
After the death of the mother, the estate is inherited in the following order: (1) the first order: spouse, children, parents; (2) 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.
Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of the estate shall be in the following order: (1) The first order:
spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, the first-order successor will inherit the successor, and the second-order heir will not inherit; If there is no first-order succession and a number of virtual people inherit, the second-order heirs shall inherit.
For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this part, the term "potato burning parents" includes biological parents, adoptive parents, and step-parents who have a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
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Hello, if your father dies before your grandfather, then you, as your father's son, have the right to inherit your father's share of your grandfather's estate. However, if you have not fulfilled your obligation to support your grandfather, you may have less or no share of the property according to the actual situation.
[Legal basis].Article 11 of the Inheritance Law:
Where the decedent's children die before the decedent, the descendants of the decedent's children shall inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.
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Summary. After the death of a son, the daughter supports the father, and finally the estate is distributed by the spouse, children, and parents in the first order. If you do not have a will, then your estate will be distributed in the order of statutory succession.
According to the Inheritance Law of the People's Republic of China, the legal order of succession is: spouse, children and parents in the first order, and siblings, grandparents and maternal grandparents in the second order. Therefore, in the event that you do not make a Will, your estate will be distributed in the following order:
It is first distributed to spouse and children, and if your son has passed away, then your daughter will inherit a part of your estate; It is then distributed to parents, who can also inherit a portion of the estate if your parents are still alive.
After the death of a son, the daughter will support the father, and how the inheritance will be distributed in the end.
After the death of a son, the daughter supports the father, and finally the estate is distributed by the spouse, children, and parents in the first order. If you do not have a Will, your estate will be distributed in the order of legal succession. According to the provisions of the Succession Law of the People's Republic of China Travel Airlines, the legal order of succession is:
The first priority is spouse, children, and parents, and the second priority is siblings, grandparents, and maternal grandparents. Therefore, in the event that you do not make a will, your estate will be distributed in the following order: first to spouse and children, and if your son has died, then your daughter will inherit a portion of your estate; It is then distributed to parents, who can also inherit a portion of the estate if your parents are still alive.
If a Will is made, then your estate will be distributed according to your Will. In this case, you can stipulate the distribution method of the estate according to your wishes, including the distribution ratio, the successors of the state, etc. However, it is important to note that your Will must not violate the law, otherwise it will be considered invalid.
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Half of the estate belongs to your father, and the remaining half is jointly inherited and distributed by you, your father, and your mother's parents (if they have not died), and after the death of your mother, half of the original joint property is inherited by your father, and the remaining property is divided equally between your father, your children, and your mother's parents. Heirs who lack the ability to work who have special difficulties shall be taken into account when distributing the inheritance.
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