Urgent! How to use the law to obtain the share of the inheritance

First of all, half of the house belongs to your grandmother, and your grandmother will give it to whomever she wants while she is alive. The remaining half is your grandfather's. It is supposed to be inherited equally by your father, four brothers, and your aunt.

But your aunt has not fulfilled her maintenance obligations, so she can share less or no (you can reason with your aunt, I personally feel that the lawsuit is unnecessary and hurts feelings.) Divide less, or simply divide it evenly). It's useless for your girl to marry without dividing the inheritance, the law has this right (but many people don't know how to claim rights, even if they don't give it to her, it doesn't matter...).

If your grandfather does not have a will, he can only distribute it according to the law. Your father's siblings (including aunts) can all be divided. Specifically, your grandmother takes half of the first, and the remaining half is divided equally between your grandmother and your father's siblings!

Your aunt is the first-order heir, and she must have the right to inherit the estate if she is legally approached.

But he didn't support his father, 4 can ask for more points.

。(The legal heirs in this case are Liu Boxiao, Liu Zhongxiang, Ma Yuhua, and the legatees are Zhang Yang and Zhao Yushan.) Liu Shuhu was revoked by will, and Liu Xiunan died before the heir, neither of whom was an heir.

Zhang Yang can get a house according to his will, with cash of 10,000 yuan. Liu Xiunan can get three houses according to the will, with cash of 10,000 yuan, but she died before the heir, so the estate designated for her in the will will will be inherited by Liu Huiliang's legal heirs; Although the will designated the bequest property for Zhao Yushan, Zhao died before the decedent, and even though Liu Huiliang repeatedly stated that he wanted to give the estate to his wife and son, but did not express it in writing, this part of the property should also be inherited by Liu Huiliang's legal heirs.

The remaining estate in this case was divided equally among the three heirs, Liu Boxiao, Liu Zhongxiang and Ma Yuhua.

Liu Boxiao's inheritance should first be divided into the joint property of the husband and wife, half of which should be given to Xia Guilan, and the remaining half should be inherited by his heirs Xia Guilan, Liu Mingxiu, and Liu Mingchuan as Liu Boxiao's estate.

First of all, look at the house, the house should be shared by your father and mother, if this is the case, your father will naturally have half of the property, and now your mother has died, then her property, which is one-half of the house, should be inherited by your father and your four brothers, and at this time, your father got another fifth from it, so that your father has a total of one-half of the house plus one-fifth equals seven-tenths of the ownership ratio, so now your father has a large proportion of the house, Then he can dispose of the right to use the house without the consent of the other co-owners. However, now the father wants to transfer the ownership of the house, which is to dispose of the ownership of the house, this is not right, the father should consult with your brothers, negotiate a settlement, if the father transfers the house to a brother, then the beneficiary must compensate the other brothers who did not get the house!

If you don't understand, you can ask!

The consent of all heirs is required to transfer the ownership to a son, and the consent of the father alone is not possible.

Written explanation, renunciation of estate and notarization.

Then from the title deed, the share is depresented.

You can take a look at the inheritance law and its judicial interpretation.

You can search the "Inheritance Law of the People's Republic of China" and related judicial interpretations on the Internet, which is very detailed.

Property inheritance, as an extremely important part of the right of inheritance, has the following five legal characteristics:

1. The inheritance of property shall occur from the time of the physical death or declaration of death of the owner of the property, and no question of inheritance of property shall arise at any time before the death. The declaration of disappearance of the owner of the property does not give rise to the question of inheritance, and the disappearance is different from the death in that it only arises the question of escrow of the property.

2. The deceased person has left behind personal lawful property belonging to the deceased person, and if a citizen dies, he has not left behind the lawful property belonging to the deceased individual, and no inheritance problem arises.

3. There shall be a legal heir or donee of the property for the inheritance of property. In the event of the death of a citizen, his personal lawful property shall be acquired by the legal heirs or the donee in the bequest, and no other citizen shall become the heir or donee; If after the death of a citizen, there is no legal heir, and there is no donee named in the will, the legal personal property of the deceased does not arise in the inheritance problem, only the problem of the disposal of the estate.

4. In the inheritance of property, the inheritance of the estate is unified with the repayment of the debts of the deceased, and whoever inherits the personal legal property of the deceased must be responsible for paying off the debts of the deceased during his lifetime, but if the inheritance is insufficient to pay off the debts, the insufficient part of the heirs has no obligation to pay off.

5. Property inheritance is the method of transferring the legal property of the deceased during his lifetime, and the legal effect of the various transfer methods is as follows:

1. The highest legal effect is the bequest and maintenance agreement;

2. Testamentary succession and bequest;

3. Legal heirs;

4. Disposal of uninherited and ungifted inheritance.

According to the agreement, the property belongs to your ex-husband, and after his death, his son and mother are his first heirs (you have divorced him, so he is not a spouse or his heir).

If the son and the mother each receive half of the estate, the mother's half will be the mother's estate after 100 years, and will be inherited by the grandson (i.e. your son) and her other children. Therefore, it is possible that your son's own uncle may be divided into 1 4 and so on, and other property of the same value in the old man's house can be converted into his own and your son will get the whole house.

If one party has no place to live after the divorce, it is a hardship in life.

In the event of a divorce, one party may provide assistance to the person in difficulty in the form of housing in his or her personal property, which may be the right to live in the house or the ownership of the house. "

It depends on where you live.

I believe that in the case that you have obtained 3 4 property rights and have no other residence, it is possible to support the claim to obtain all property rights at a discount.

1. If the will is valid, it shall be executed in accordance with the will. The trees are bald-headed, but why is it inherited here? It should be a bequest.

2. For other properties that have not made a will, inherit according to the legal inheritance method: (The question stem does not explain whether Lao Xiong's wife is alive, and it is tacitly assumed that there are no other heirs except for the person mentioned in the question stem.) ）

Xiong Da died before the death of the old Xiong, and Xiong Da's son obtained the right of subrogation and inherited Xiong Da's share as the first heir in line.

If Xiong Da's wife, as a widowed daughter-in-law, fulfills the main maintenance obligation to Lao Xiong, Xiong Da's wife A should be the first heir.

Xiong Er is a mentally ill person, and his inheritance rights are exercised by his legal ** person.

Xiong San died after the death of Lao Xiong and before the division of the estate, and his share of the inheritance was inherited by his legal heirs, that is, Xiong San's share was inherited by his husband C and daughter.

The premise is that all the above estates legally belong to the elderly, and first of all, there is a part of the estate of the will, which is executed according to the will, then the forest is inherited by the neighbors. For an estate without a will, 2 houses and a deposit of 1 million, according to the legal inheritance, the spouse and parents of the elderly not mentioned above are presumed to have passed away, then only the children have the right to inherit according to the first succession.

If the eldest dies before the death of the elderly, his son B inherits the share that the eldest is reasonably entitled to inherit according to the legal doctrine of subrogation.

The second child is a mentally ill person, presumed to be a person with no capacity for civil conduct, and it is reasonable to have a legal guardian, and the right of inheritance belongs to the second child, but the guardian takes care of the property on his behalf, and the property must be used for the living expenses of the second child.

The third child died after the death of the old man, so the inheritance began when the old man died, and the third child inherited the share that should have been inherited, and half of the inherited property was first counted as the joint property after marriage and distributed to her husband, and the remaining 1 2 were divided equally between the husband and the daughter.

From this point of view, the inheritance of the old man is divided into 3 parts, the eldest son accounts for 1 3, the second son accounts for 1 3, and the third son accounts for 1 3;Since the third child has passed away, there is a second property problem, and her husband accounts for 1 3*1 2+1 3*1 2*1 2, and her daughter accounts for 1 3*1 2*1 2

Is it Lao Xiong's wife? If you are there, you also have the right of inheritance.

Succession is not what you mean in the title, it means that the heir dies before the inheritance actually accepts the inheritance after the inheritance has begun, and the legal heir of the heir actually accepts the inheritance to which he is entitled on his behalf. is Xiong San's daughter and husband are transferred to inheritance.

Xiongda's son can be subrogated.

In the case of a legal and valid will, the tree to the neighbor bald strong, can only be regarded as a bequest.

Then, for the property involved in the "will", in principle, there are three parts, and everyone divides them equally. But Xiong Er can score a little more.

If the will is invalid, all the estates, including the trees, will be inherited by the heirs.

If there is a will, it will be inherited according to the will, and in the absence of a will, the heirs will inherit in the first order, i.e., spouse, parents, children. Trees should fulfill the will, have a bald head to receive the bequest, and other estates shall be inherited by the heirs in the first order of law, and because Xiong Da and Xiong San died before the decedent, their children should exercise the right of inheritance on their behalf.

First of all, according to the will. Trees are bald strong.

Secondly, Lao Xiong's three children can inherit his inheritance. Because Xiong Da died first, Xiong Da's son B was subrogated to succeed him. Although Xiong Er is mentally ill, he also has a share of inheritance. Xiong San died after his father, and the inheritance was inherited by himself and then by his husband C.

The order of distribution of the estate: spouse, children, descendants, grandchildren, in the case of the Xiong family, Xiong Er is the inheritor, A, B, C, and D can jointly help Xiong Er manage, but there is no ownership, and the best way to deal with it is not to intervene**.

If Wang Ming is dead now.

First of all, 80,000 yuan and 3 rooms are the joint property of the husband and wife, which is divided equally between the husband and wife.

Secondly, a part of Wang Ming is inherited by Wang Ming's legal first-order heirs, that is, spouses, parents, and children.

Thirdly, because Wang Ming's eldest son and younger son died before Wang Ming, the adopted sons of the eldest son (adopted children, stepchildren, unmarried or born children have the same inheritance rights as legitimate children) and the children of the younger son inherit their father's estate by subrogation. If it is divided equally, then the adopted son of the eldest son receives one-third of the inheritance, and the children of the younger son receive one-third of the inheritance.

Is it now that Wang Ming and his wife are dead, do they want to divide the inheritance?

Hello! First of all, I need to make it clear that this bachelor is the old man you mentioned above!

The old man has no children and no daughters, only one sister and one brother, and the elder sister rarely takes care of the old man in person because of the remoteness, and is generally taken care of by the elder brother's son, right?

According to the provisions of our inheritance law! If the old man leaves a suicide note after his death, he inherits it according to the suicide note! If there is no suicide note, then it will be inherited according to the law!

The first-order heirs of legal inheritance stipulated in the inheritance law of our country are spouses, parents, and children, combined with what you said above, no, parents are dead, and neither spouse nor children are there. Therefore, the heirs in the second order begin to inherit, as siblings, grandparents, and maternal grandparents. Therefore, according to the legal inheritance, both the sister and the elder brother can inherit the inheritance of the old man who was hit by a car and died!

And the nephews and nieces are not within the scope of legal inheritance, so there is no inheritance problem! Of course, after the inheritance begins, the principle of taking care of the poor can be maintained! If there is no blood relationship or is not within the scope of legal inheritance, and the main obligation of support has been fulfilled, a little inheritance can also be appropriately shared!

The estate should also take care of the incapacitated or limited persons who are living in difficulty! But because it is not reflected in your question, according to what you said, brother and sister can inherit together! Because of the long-term care of the nephew, you can also properly foundation a little inheritance!

According to the provisions of China's inheritance law, heirs are divided into first order (spouse, children, parents) and 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.

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 conditions to support does not fulfill his obligation to support, the inheritance shall be distributed without or with a small share. Although the nephew is not within the scope of inheritance, but has fulfilled the main maintenance obligation, he can negotiate with the heir for the distribution of the inheritance, or go to court to file a lawsuit.