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Have a good talk with your eldest sister, if not, then it is recommended that you go to court. After all, your brother knows how to settle accounts, don't accommodate her because she is your eldest sister and is good to you, and it is best to distinguish things that are related to your own interests.
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If there's really no other way.
Then use the law to protect your legitimate rights and interests! ~
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Does he have a spouse? If there is a spouse, the heirs of the estate are his mother and his spouse, and if not, the heirs of the estate are only his mother.
However, because the mother is currently delirious, she is a person with limited capacity for conduct, and a guardian is required to exercise rights on behalf of the mother, but the exercise of rights in place does not mean that the estate is the guardian.
Therefore, my suggestion is that if the mother has a guardian, the guardian shall obtain the inheritance in place of the mother, and after the mother shall be 100 years old, the mother's first heir, that is, the mother's other children.
Second, if the mother does not have a guardian, it is recommended that a lawsuit be filed to confirm the unlimited capacity for civil conduct and the guardian should be determined. The next step is the same as above.
Secondly, the inheritance of the estate can be notarized through inheritance (and notarization of will) or sue with a mediation letter.
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If there is no marriage, then the mother inherits in the order of inheritance. The mother is delirious and needs to be assessed whether she has civil capacity, and if not, she needs a guardian to go to the bank on her behalf. Of course, a death certificate is required.
It is best to go to the bank to understand the specific procedures, and the bank regulations are different.
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Both the father and the children are the first heirs. Generally, dad comes first.
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The heir is your father, and after your father passes away, you will talk about the joint inheritance of your children, don't be too anxious.
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Did your friend get married? Are there any offspring? The immediate family is the first heir. If not, it's the old man's brother.
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It is recommended that tens of thousands of dollars stay to support the elderly.
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Help him take care of the old man, do it first.
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The house belongs to the joint property of the son and daughter-in-law. After the death of the son, half of the house belongs to his inheritance, and the old man, daughter-in-law, and daughter are the first in line of succession, and each inherits half and a third.
One, that is, one-sixth of the whole house. In this way, the daughter-in-law's share is half plus one-third, that is, two-thirds, and the old man and the daughter each account for one-sixth, which is a share-based relationship.
If the daughter-in-law wants to sell the house, she has only the right to sell her two-thirds share. In this way, the elderly can claim rights from the following aspects: first, as a co-owner, he has the right of first refusal to purchase under the same conditions when his daughter-in-law sells his share of the house; Second, the old man and his youngest son have helped to take care of the house for more than ten years, and if the benefits obtained by using the house during the same period exceed the benefits, the difference can be repaid by the daughter-in-law and her daughter according to their share.
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Inheritance refers to all personal property left by the decedent at the time of death and other property rights and interests that can be inherited by law.
1. Elements of the composition of the estate.
a) The estate must be property. Among them, property includes both positive property and negative property. Negative property is debt. Inheritance cannot be personal rights and status, which is determined by modern inheritance law as property inheritance, which is different from the ancestral inheritance system in ancient society.
2) The estate must be the legal property of the deceased during his lifetime. Everything here is all in a broad sense, including not only ownership and other property rights as property rights, but also the creditor's rights enjoyed by the deceased during his lifetime, as well as the part of property rights in various compound rights such as intellectual property rights and equity.
3) The estate must be the property of the deceased who is not exclusive to him/herself. Some property is not inheritable due to its personal exclusivity and therefore cannot be inherited. In the case of the right to claim pension benefits, such rights will be extinguished after the death of the insured.
4) The form of the estate is not limited to the state left by the deceased at the time of death, and the property derived from the property left by the deceased or the substitute property is the inheritance.
Second, the principle of distribution.
1) The principle that wills take precedence over those prescribed by law.
2) The principle of priority succession shall be implemented in statutory succession.
3) The principle of equal distribution of heirs in the same order in principle.
4) The principle of care distribution.
5) The principle of encouraging support among family members and members of society.
3. Inheritance without inheritance.
An uninherited estate refers to an estate in which there are no legal heirs and no testamentary heirs, or all the heirs have renounced the right to inherit or have been deprived of the right to inherit. In the absence of a legal heir, although there is a will, the will only disposes of part of the estate, or the will is only partially valid, and the estate that has not been disposed of or the part of the estate that is invalid is generally also an inheritance that no one inherits. In the case of uninherited estate, the civil laws of all countries provide for the ownership of the State.
China's Inheritance Law stipulates that an inheritance that is not inherited or bequeathed shall be owned by the state; Where the deceased was a member of a collective-owned organization during his lifetime, it is owned by the collective-owned organization to which he belonged.
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There is no ownership, and it should be considered as a joint share with the daughter-in-law and granddaughter. The co-owners may request a division at any time, and compensation shall be given to the other co-owners if the division causes harm to them. There are also elderly people who have the right of first refusal and can also claim compensation for more than 10 years of management fees.
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The elderly own a third of the property.
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According to your account: your grandfather died first, then your father, and finally your grandmother died, a total of 5 children, intestate, and the eldest daughter renounced the inheritance. The estate is inherited as follows:
1. The house is the joint property of your grandfather and grandmother. At the time of your grandfather's death, half of the house will be owned by your grandmother, and the other half will be your grandfather's inheritance, and this half of the property will be jointly inherited by your grandmother, your father, and other 4 children, a total of 5 people. That is to say, these 50% of the property is divided into 5 shares, 10% each.
Since your grandfather died and your father died, the 10% of your father's share goes to your grandmother, your mother, and you (assuming your parents have only one child).
2. According to the above, the property rights of the house obtained by your grandmother are part of your grandmother's inheritance and are jointly inherited by your father and other 4 children. Your father's share of the inheritance is subrogated by you. If your mother has also fulfilled her obligation to support your grandmother, your mother should also get a share of it.
3. The specific inheritance also involves many legal issues and specific matters, and the consultation and written agreement are reached under the guidance of the building. If the negotiation fails, it can be sued to the court for settlement in accordance with the law.
If there is no will, inherit in accordance with the provisions of the inheritance law, and the specific division can be calculated, although it involves a second inheritance, but it can still be figured out, and it is built for you to operate.
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I finally figured out what was going on, so I had to consult locally.
There is another situation that I have not made clear, the house (housing and storefront) rented to us by the public is not yet available to my grandfather.
At the time of his death, the names of the heads of households on the two folds had been changed to my father, so I don't know if this will be the last one.
The results have a big impact.
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1. The house obtained during the lifetime of the parents has nothing to do with the division of the inheritance;
2. The custodian of the estate must provide the will of the deceased to prove it;
3. The estate can be divided by litigation.
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Article 10 The inheritance of the estate shall be 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. Article 12: Where a widowed daughter-in-law has fulfilled her primary obligation to support her father-in-law or mother-in-law, or a widowed daughter-in-law, she is to be the first-order heir. 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, they may also be called unequally.
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It is advisable to consult a lawyer.
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