On the question of me and my mom inheriting my father s legacy,

Updated on society 2024-02-26
16 answers
  1. Anonymous users2024-02-06

    1. Your grandparents died in the 60s: your father is not "fatherless and motherless", but your parents have died. Therefore, what you want to issue is not a certificate of "no grandparents", but a certificate that your grandparents have died.

    2. "There is no proof, is there any other way":

    1) The current inheritance of real estate transfer: Notarization is required, and the notarization must have a certificate that your grandparents have died, so there is no other way to bypass. Unless you are going to court to sue for inheritance, you also need a certificate of death from your grandparents.

    2) Suggestion: First, go to the police station or village committee where your grandparents died before their death to issue a death certificate, if it was cremated, you should go to the cremation factory or funeral home to issue a death certificate.

  2. Anonymous users2024-02-05

    Go to the village committee of your grandparents' place of household registration or place of residence to issue a certificate of their deceasement, affix the official seal, and then take this certificate to the relevant police station to stamp the official seal of the household registration.

  3. Anonymous users2024-02-04

    If the household registration department of the police station does not have a record, you can ask the sub-district office, neighborhood committee, or village committee where your grandparents lived before their death to issue a death certificate.

  4. Anonymous users2024-02-03

    Where your grandparents lived when they died, find the village committee or neighborhood committee there, consult the original staff of the neighborhood committee or village committee at the time of their death, prove it for you and stamp the seal of the village committee or neighborhood committee, and then go to the local police station to issue a certificate.

  5. Anonymous users2024-02-02

    You can have a certificate issued by the local neighborhood committee, or go to the household registration authority to check the cancellation of your grandparents' household registration when they pass away, and the household registration authority will issue the relevant certificate.

    Lawyer Niu Jinguo.

  6. Anonymous users2024-02-01

    The street and village committee can prove it, but if it doesn't work, you can only sue.

  7. Anonymous users2024-01-31

    You can go to court to settle the matter.

  8. Anonymous users2024-01-30

    Check it out at the police station, maybe there is a record.

  9. Anonymous users2024-01-29

    Go to the household registration section of the police station to check the records.

  10. Anonymous users2024-01-28

    Only the father's estate can be inherited, and the uncle's estate is inherited by the uncle's immediate family, unless the uncle wrote a will during his lifetime.

  11. Anonymous users2024-01-27

    It will inherit the inheritance reasonably according to the distance of the blood, and the father's merger inheritance will cause the first heir to lose the brother, but the uncle's estate is not the first heir, and the loss attack will be different.

  12. Anonymous users2024-01-26

    It is necessary to go through the relevant procedures, inherit according to the provisions of the law, understand the situation of the inheritance, and check the relevant information.

  13. Anonymous users2024-01-25

    My mother is still alive and I can inherit my father's legacy. In the case of the joint property of the father and the mother, the husband and wife shall have half of the property and the half belonging to the father shall be divided equally between the mother and the children. If there is no personal will, the father's estate will be distributed according to the legal inheritance.

    The mother divides the joint property between her and the father equally, and the remaining matrimonial property belonging to the father is the inheritance, which is then divided equally between the mother and the children.

    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 dividends when the estate is distributed.

    If an heir who has the ability and the capacity to support does not fulfill the obligation to support him, he or she shall not divide or divide the inheritance less. Where the heirs agree through consultation, it may also be unequal.

    1. What are the conditions for testamentary succession?

    Testamentary succession embodies the principle of autonomy of will. After the death of the decedent, the following conditions must be met before the succession can be handled by will

    1. There is no bequest and maintenance agreement. The validity of the will is higher than that of the statutory inheritance and lower than the bequest and maintenance agreement. Therefore, inheritance can only be carried out if there is no bequest and maintenance agreement or if the bequest and maintenance agreement is invalid, or if the bequest and maintenance agreement is valid, but the part of the estate that is not covered by the bequest and maintenance agreement.

    2. The will of the decedent is legal and valid. First of all, the deceased made a will before his death; Secondly, the will must be in accordance with the legal requirements for validity, because only a legal will can be legally valid.

    3. The testamentary heirs have not lost or renounced their inheritance rights, nor have they died before the testator. The heirs must be eligible for inheritance. If the heir loses or renounces the right of inheritance, the heir is no longer eligible for inheritance and can no longer be subject to testamentary succession; When the testamentary heir dies before the testator, testamentary succession does not apply and subrogation does not occur.

    2. Loss of inheritance rights.

    Article 1125 of the Civil Code [Loss and Restoration of Inheritance Rights] If the heir commits any of the following acts, he shall lose the right of inheritance:

    1) Intentionally killing the decedent;

    2) killing other heirs for the purpose of competing for an inheritance;

    3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

    4) Falsifying, tampering with, concealing, or destroying a will, where the circumstances are serious;

    5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious.

    Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights.

    Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.

  14. Anonymous users2024-01-24

    Hello subject, if there is a will, inherit according to the content of the will. If there is no will to start the statutory inheritance, according to Article 10 of the Inheritance Law of our country: inheritance distribution of first-order heirs:

    spouse, children, parents; Second order of heirs: siblings, grandparents, maternal grandparents. This includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

    However, those who have the following circumstances cannot participate in the statutory inheritance:

    1) Intentionally killing the decedent;

    2) Killing other heirs for the sake of inheritance.

    3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

    4) Forging, altering, or destroying a will, where the circumstances are serious.

  15. Anonymous users2024-01-23

    Hello. You have the right to renounce your inheritance. The lawyer reminds you that if you renounce your inheritance rights, you should renounce the inheritance in writing; If there is no indication of succession, it is deemed to have accepted the inheritance.

    Article 1124 of the Civil Code: Where the heir renounces the inheritance after the inheritance begins, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance. The legatee shall, within 60 days after knowing that he has received the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

  16. Anonymous users2024-01-22

    Legal Analysis: Children belong to the first order of heirs, inherited in order, first order: spouse, children, parents, second order:

    Brothers and sisters, grandparents, maternal grandparents, the first heir, the second heir cannot inherit, and those who do not have the first heir have the second heir to inherit the will.

    Legal basis: Civil Code of the People's Republic of China

    Article 1123: After the commencement of inheritance, it shall be handled in accordance with the 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 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 heir in the first order of burial, the heir in the second order shall inherit. For the purposes of this Part, the term "children" includes children born in wedlock, children born out of wedlock, adopted children, and stepchildren with a dependent relationship.

    For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in 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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