Mom s remarriage, about Dad s inheritance?

First, divide the joint property of your father and your mother and determine the scope of your father's estate. Then inherit your father's estate according to your will. If your father does not make a will, you (including your siblings who are the same father), your mother, and your father's parents are the first in line of succession and divide your father's estate equally.

The portion of your mother's inheritance is her personal property. If she divorces after remarrying, divide her property with her husband again, determine the scope of your mother's estate, and you will inherit your mother's estate according to law or will. If your father did not divide and inherit their marital property after his death, your mother may have violated your property rights and can claim it back.

Kong Xinting. References:

In the death of either parent, the property of the deceased party is divided into two, half of the spouse and half of the children, and the mother can only take the one and a half that is allocated to him if she remarries, and cannot take half of the children.

There is a bit of reason here, but there is no legal reason.

First of all, when the father dies, the inheritance will be inherited, and the mother's share of the property will be removed. The inheritance should be inherited equally, not all of it should be given to your mother when she is still alive. So you can request the division of the estate.

If you are divorced, you can request the return of the property as a third party, then you will not enter into the division of property in the divorce proceedings, and you will not lose it.

Since the mother remarried after acquiring the father's property, the father's part of the property belongs to the mother's personal property before marriage, and does not belong to the joint property with the stepfather after marriage. Therefore, if the mother divorces in the future, the father's property will not be squared with the man.

In addition, after your father's death, you and your mother inherit the inheritance jointly and proportionately, and your mother does not own it.

You are entitled to a share of your father's inheritance.

Because now the assets have passed into the woman's name, there is no causal relationship with your father, when the woman is married, she can write a prenuptial property agreement to a notary office, and it will take effect after notarization.

Later, it won't be clear, and if you want to divide it, you should now propose to distribute your father's inheritance.

First of all, for your family's property, your father and mother are jointly owned, and if there is no clear personal property, your father and mother must first divide the family property equally. When Dad died, there was an inheritance. At this time, you (including siblings) and your mother and grandparents have the right to inherit 50% of your father's property.

So, Mom remarried in the second year after Daddy's death, and she can inherit Daddy's estate, and according to your family's share of property, it will also account for more than 50% of the share.

As for the younger brother born after his mother remarried, he has no inheritance rights.

According to Article 10 of the Inheritance Law of the People's Republic of China, 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.

So, according to what you said, even if your mother has remarried, you are still your father's child, you can still claim to inherit your father's inheritance.

Let your stupid mom get out of here, grass damn, although your mom has the right to inherit but your brother's little miscellaneous. What else do you want to pull me out and collapse

Your mother remarried after your father's death and still has the right to inherit, while your younger brother was born after remarriage and has nothing to do with your father and does not enjoy the right to inherit.

According to the Inheritance Act, your mother and you are both your father's first-order heirs, and your brother is not. Hukou does not affect inheritance.

Lawyer Bao Wenjing.

If the house is demolished, your mother owns three-quarters of the property, you have a quarter of the property, and your brother is gone, and there is no blood relationship! (without counting your grandparents).

If the parents remarry after divorce, the children can still inherit the parents' estate. This is because the relationship between the child and the parents is not extinguished by the divorce of the parents, and the children are still the legal heirs in the first line of the parents' estate. Therefore, if the parents remarry after divorce, the children can still inherit the inheritance of the parents.

Article 1127 of the Civil Code provides that the inheritance shall be carried out in the following order: (1) in 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. If there is no first-order heir, the second-order heir 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 "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "brothers and sisters" as used in this Part includes brothers and sisters of the same parents, brothers and sisters of the same father or mother, adoptive brothers and sisters, and step-brothers and sisters who have a dependent relationship.

Article 1123 of the Civil Code of the People's Republic of China After the commencement of succession, it shall be handled in accordance with statutory succession; 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 1127 of the Civil Code of the People's Republic of China provides that 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. If there is no first-order heir, the second-order heir 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 "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. Sola feast.

Legal Analysis: 1, if you say that you have remarried without the death of the inherited Sanmeng, then as a divorced couple, you cannot inherit each other's inheritance.

2. If the deceased remarries after the death of the deceased, the spouse of the other party before his death and the parents and children of the deceased shall enjoy the inheritance right of this part of the estate.

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) First order: spouse, children, parents;

(2) Second order: siblings, grandparents, maternal grandparents.

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

Summary. Hello, how to inherit the biological father's estate by remarrying with your mother is as follows: if there is a will, it will be distributed according to the will. If there is no will, it enters the realm of statutory succession. The first in line of succession are parents, children, and spouses.

Hello, how to inherit the biological father's estate by remarrying with your mother is as follows: If there is a will, it will be distributed according to the will. If there is no will, it enters the category of statutory inheritance. The first in line to inherit is the parents, the son with the daughter, and the spouse.

Hello, Article 1127 of the Civil Code of the People's Republic of China provides that the inheritance shall be carried out in the following order: (1) the first order: spouse, children, parents; (2) The sequence of the second stroke:

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 to inherit, the second-order heir Chi Min will inherit.