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1) If your father dies first, the first half of your property belongs to your mother, and the other half to your grandfather and mother to one-third each. 2) If your mother dies first, half of it belongs to your father, and you and your father get half each, and when your father dies, you and your grandfather will each get half of your father's property, provided that your parents do not have a will.
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You and your grandfather are both the first heirs, and the average fee is to accompany the inheritance.
Article 9: Men and women are equal in inheritance rights.
Article 10 The inheritance shall be carried out in the following order:
First order: spouse, children, parents.
Second order: siblings, grandparents, maternal grandparents.
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.
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If the father dies and there is no will, the inheritance can be divided into several parts according to the siblings, and if there is a mother, the mother should inherit it.
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When my father died, the main thing was to see if he had left a will? If there is a will, the property needs to be distributed according to the will, and if there is no will, it must be distributed according to the proportion of the heirs.
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Father died. How should my inheritance be divided? A, here's the thing.
My father died, but my mother was still alive. All inheritances are inherited by the mother. If the mother is gone, then there are children to inherit.
It is in accordance with the legal procedures of the state to inherit only the father's business. So when the father dies, then all the inheritance is distributed. It is the inheritance of children.
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When the father dies, the family's inheritance should be distributed in this way, first divide the family's inheritance into two parts, one of which is the mother's, the other is the father's, and then the father's share will account for a fraction according to the first heir, including the mother, also account for one, if the first heir does not have it, second, the heir inheritance is also according to how many people, each person accounts for a fraction.
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The estate of the father before his death belongs to the joint property of the parents (one half of each), and the one-half of the property left after the death of the father is inherited by the grandparents, the mother and all the children of the parents in equal shares, of course, you are one of the first in line of succession.
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If a family member dies. The share of inheritance inherited by the heirs in the same order is generally equal. However, for heirs who have special difficulties in life and lack labor, they should be taken care of when distributing the inheritance, and the English translation should be done to the deceased.
The main maintenance obligation or the heirs who live together with the decedent are absent from a single Dauphin when distributing the talents. 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.
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In the absence of a will, the first-order heirs are the spouse, children, parents. So your mother, grandparents, you and your own siblings have the right to inherit.
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Hello, I am a cooperative lawyer of the platform, I have received your question, please wait a while, I will help you inquire here, I will reply to you as soon as possible, and please wait for me a little longer.
business. 2. According to the situation you described, combined with the operation method of the court in the practice of housing inheritance, the best way for you to realize your cash is to divide the inheritance mentioned by your stepmother first, and sign an inheritance division agreement while she still agrees to take only half of it. This agreement shall enter into force upon its signature.
3. The purchase and sale of a house does not have to be transferred to the name of one person, and your house is now in a state of joint ownership. So you can work together** (provided you sign the agreement I'm talking about). Then divide it according to the agreement with the money of the common **.
4. It is best to sign the agreement to be fair, so that even if your stepmother later repents, the court will order you to share it with the notary documents. 5. It is impossible to unilaterally de-mortgage as you said. Because you are not the right holder, the house is jointly owned, and you want to mortgage it, unless the three of you go to the bank together to go through the relevant procedures.
In addition, it is not recommended that you use the mortgage method, because the bank mortgage is generally lower than the market price, so if you sell it at a higher price in the later stage, your stepmother may come to you to ask for extra money. 6. The third question for you is my operation method. The best way for you to do it so far is what I'm talking about.
According to the method I said, you can avoid the situation you are talking about. Because even if she repents, the court will rule according to your agreement. 7. If the judgment is real, the court will ask for your opinion on whether anyone is willing to take over the house, and if so, then compensate others according to the proportion.
Hello, are you satisfied with the answer I provided? If you have anything else you want to ask, you can say it, and I will try my best to answer it for you!
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If you have a will, you will inherit according to your will, and if you don't, you will inherit in the order of legal succession, and your grandparents (if you are still alive), your mother, you and your siblings will be able to divide your father's estate equally.
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Hello, thank you for your patience in waiting for this situation, first of all, consider whether the father had a will at that time, if there is no will, it will be divided equally according to the brothers and sisters, and all the expenses of the death of the old man are also shared equally by everyone, so as not to have disputes, and everyone pays and returns are equal, I hope it will help you.
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If the father of the family dies, this abnormal normal distribution is as follows: 100% of the parents' property is owned by the husband and mother, and the father's property is half of the mother's and half of the children's. Therefore, the father's property is divided between the mother and the child.
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How should the inheritance be distributed among the family after the death of the father? I think that if your father dies, the property will go to your mother, who has the right to distribute it.
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If your father has a will, then it must be distributed according to the requirements of the will, and if not, it will be inherited in the order of legal heirs, which means that your grandparents and mothers have the right to inherit.
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When my father dies, how should my family's inheritance be distributed? When your father dies, the family's inheritance should be divided through negotiation among the main members of the family, first your mother should inherit most of the estate, and then your father's parents and children will inherit his inheritance.
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Your father is dead, is your mother still alive? If your mother is still alive, your father's property will be inherited by the first-order legal heirs. These include: the deceased's parents, spouse and all their children divide the inheritance equally.
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When my father dies, how should my family's inheritance be distributed? If you inherit this, you should see if your father has a will, if there is a will, you can inherit it according to your father's will, and if not, you should see how to discuss with each other how to divide it.
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If your father dies, if there is a will, it will be divided according to the will, and if there is no will, all the children of the father and your mother and grandparents will be divided equally.
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When the father dies, the inheritance of the family should be inherited by the father's children, and the children can be divided equally, and if your mother is still alive and your mother is still alive, these inheritances should be managed by the mother.
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If your father dies, if your mother is still alive, it is recommended to leave your father's estate to your mother first, and if your father has a will, then the father's estate will be dominated by the heirs determined in the will. In addition, if the father dies and there is no will, the father's estate should be divided equally between the father's immediate family and the father's wife.
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If there is no will, the first heir of the mother, then the parents, the children and the mother will distribute the other half of the property.
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When your father dies, you can be given a regular distribution, that is, whoever serves your father more will have more children, and whoever is not suitable will get less.
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After the death of your father, the distribution of your family's inheritance will of course be distributed in the order of inheritance distribution, and your grandfather, your mother and you will have the right to inherit the estate.
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When your father dies, your family's inheritance, if your mother is there, will inherit it from your mother. Well, if the mother is not there, there will be children to inherit.
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Legal analysis: 1. The first situation: If your mother and your father are legally recognized and protected husband and wife relationship when your father Sakura dies, the first thing is to separate the joint property of the husband and wife, which is the business of the two of them, even if your father has a will, he cannot dispose of the joint property of the two on behalf of your mother (this will involve a lot, and the proportion of distribution depends on the specific situation and the situation supported by the evidence).
Because according to the law, except for the personal Luji property specified before marriage, the income after marriage is roughly counted as the joint property of the husband and wife, not according to the amount of income, even if your mother has no income, the money earned by your father after marriage must also be counted as the joint property of the husband and wife (the joint property of the husband and wife is generally divided equally, that is, half of one person, unless the two agree on other distribution ratios). According to the law of inheritance, you, your mother, and your grandfather and grandmother are all first-order heirs, with equal rights, and you should divide the property belonging to your father equally. To put it simply, if it is ten yuan, your mother will take 5 yuan first, and the remaining 5 yuan will be divided equally between you, your mother, your grandfather, and your grandmother, and the result will be your mother's yuan, your yuan, your grandfather's yuan, and your grandmother's yuan (, of course, if the heirs in the same order have "special difficulties in life and lack of ability to work", they can ask for more points, but they must also negotiate with the heirs in order and meet the above two conditions, which are indispensable. And the extra points are only until they are satisfied with their basic life.
2. The second situation: your parents have a marriage relationship (divorce, widowhood, etc.) that has no legal protection, and the marriage relationship has been completely dissolved before your father's death (the court has ruled on the divorce and the judgment has taken effect). Divorce by mutual agreement, and complete the divorce procedures, etc.), at this time, your father's property is completely personal property and has nothing to do with your mother.
Then, in the spirit of the inheritance law, you, your grandfather, and your grandmother divide your father's property equally, and the proportion is ,. As above, if the heirs in the same order have "special difficulties in life and lack of ability to work", they can ask for more shares, but they must also negotiate with the heirs in order and meet the above two conditions, which are indispensable. And the extra points are only until they are satisfied with their basic life.
legal basis; Article 1133 of the Civil Code of the People's Republic of China A natural person may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint an executor.
A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.
A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.
A natural person may establish a testamentary trust in accordance with the law.
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Death compensation is a kind of compensation for the loss of material income caused by the perpetrator to his close relatives after the death of the deceased due to the injury caused by others. As for the death compensation, it belongs to the personal estate of the deceased, so the distribution of the death compensation follows the rules of inheritance, and the estate is distributed among the close relatives according to the law, including spouse, children, etc.
1. Can the death compensation be distributed to the estate?
Death compensation is the compensation received by the victim's close relatives and persons who meet the statutory requirements in accordance with the law after the death of the victim, and the compensation right holder is the close relatives of the deceased and other people, not the deceased himself, so it cannot be included in the scope of the estate.
When distributing death compensation, the subjects of rights generally are: the victim's close relatives (limited to the first order of heirs) and minors who should bear the obligation to support the victim in accordance with the law, or adult close relatives who have lost the ability to work and have no other livelihood** (not limited to the first order);
In special circumstances, consideration may also be given to those who have a large amount of support for the deceased other than the heirs provided by law, and the principle that they may be given an appropriate share of the estate.
2. Can the death compensation be inherited as an inheritance?
Death benefits cannot be inherited as an inheritance.
China's law clearly stipulates that only inheritance can be inherited, and inheritance is the personal legal property left behind by a citizen when he or she dies, that is, the legal property belonging to a citizen that exists before the death of a citizen.
The death compensation is the property loss paid by the compensation obligor to the victim's close relatives or legal successors after the death of the victim. Death benefits do not meet the requirements of an estate, so death benefits cannot be inherited as an estate.
According to Article 1122 of the Civil Code of the People's Republic of China, an estate is a personal legal property left behind by a natural person upon his death.
An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
3. Does the death compensation received after the death in an accident belong to the inheritance?
Death compensation is created after the deceased has suffered an unnatural death, which does not conform to the legal characteristics of the estate and does not belong to the estate itself. Death compensation is a special payment, which is to compensate for the family loss of the deceased's close relatives due to the unnatural death, which does not belong to the scope of the deceased's estate, but is the property of the deceased's close relatives.
Article 1127 of the Civil Code The inheritance of inheritance shall be in the following order:
1) 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 inherit; If there is no first-order heir, the second-order heir shall inherit.
The Civil Code has been in force since January 1, 2021).
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