Question 20 on the inheritance of property

As a result of the capital flipping, the fourth son and the old man jointly enjoyed the ownership of the house, that is, co-ownership. When dividing the house, half of the share was given to the fourth son, and the remaining half was the inheritance. It is divided into four equal parts, i.e. 1 8 shares of the house occupied by each person.

It should be noted, however, that since the fourth son has more maintenance obligations, he can divide some inheritance, i.e., the fourth son's share of the house should be more than 5 8.

Article 10 of the Inheritance Law 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.

Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation to support her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-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, it may also be unequal.

Article 15 The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

If the old man did not leave a will during his lifetime, his house was jointly inherited by four children. This is because according to the system of statutory inheritance, as long as the children have the legal right to inheritance, of course, the children who have fulfilled most of the maintenance obligations can receive an appropriate share of the inheritance.

If the oral will of the old man at the time of his death has probative force, then the old man's sister has no right to inherit, and in the same way, the will of the eldest nephew who entrusted the house to the younger nephew must also have probative force.

If both wills have probative force, then my sister will definitely lose.

It is still necessary to hire a lawyer.

It is advisable to hire a lawyer to deal with it, and you can sue.

If the old man does not have a will, then the property must be distributed in the order prescribed by law, and if the uncle is his biological son, it is in the order. Half of the old man's property should be divided among his legal spouse and then the rest among his relatives.

First-order legal heirs include:

1) Spouse. A spouse refers to a legal husband and wife who meet the requirements for marriage and have registered their marriage. In addition, couples who have been confirmed by the court to be de facto marriages also acquire spouse status.

In order to solve the problems left over from history, China's law also stipulates that concubines before the promulgation of the Marriage Law in 1950 are also the legal spouses of their husbands if the two parties are unwilling to have contact with each other.

2) Children. Children include legitimate children, illegitimate children, adopted children, and dependent stepchildren.

3) Parents. Parents include biological parents, adoptive parents, and step-parents in a dependent relationship.

4) In addition, according to the law, a widowed daughter-in-law who has fulfilled the main obligation to support her in-laws and a widowed son-in-law who has fulfilled the main obligation to support her parents-in-law can be the first legal heirs. If the adoptee has fulfilled his obligation to support his or her parents and at the same time has a large amount of support for his or her biological parents, he or she may inherit the estate of his adoptive parents in accordance with the provisions of Article 10 of the Inheritance Law, and may also receive an appropriate share of the inheritance of the biological parents in accordance with the provisions of Article 14 of the Inheritance Law. If a stepchild inherits the estate of a stepparent, he or she may still be the first-order legal heir of the biological parent; Similarly, if a stepparent inherits the stepchild's estate, he or she can still be the first-order legal heir of the biological child.

Those who adopt another person as an adopted grandchild are each other's first-order heirs.

Second-order legal heirs include:

1. Brothers and sisters.

Siblings include siblings of parents, half-siblings, adoptive siblings, and dependent step-siblings.

2. Grandparents and maternal grandparents.

The share of inheritance inherited by the heirs in the same order should generally be equal.

Hello! 1. If the uncle is a relative, then he has the right to inherit. Regardless of whether or not there is maintenance or support.

2. The joint property of your grandfather and your grandmother is divided into half to your grandmother, and the other half is your grandfather's inheritance, which is jointly inherited by your grandmother and all your grandfather's children.

3. It is recommended that you do DNA testing as soon as possible in order to confirm the inheritance of property.

The old man's will did not mention this person.

This person has no right of inheritance.

Testamentary succession takes precedence over statutory succession.

Hello, b's pre-remarriage property is b's personal pre-marital property, and there should be three children and c's average share of inheritance

In addition to D, the other two children and C have inheritance rights, which are divided equally in principle;

The situation of D is undetermined, depending on whether the relationship of custody and dependency is established with the decedent B, and if it has been established, it is divided equally with other people, otherwise there is no right of inheritance.

Unclear: 1. Has the division of the joint property between B and A and the inheritance of A been taken into account for the property in B's name? 2. Do B and D form a relationship of dependency and dependency?

This has to do with the question of whether d has the right of inheritance. 3. Regardless of the circumstances, the biological children of C and B have the right to inherit (on the premise that B does not have a will), but the inherited property will be different depending on the situation.

A: If the child's name is added, the child can inherit the parent's part of the property after both parents pass away; If the house book is changed to the name of one of the children, then the property belongs to that person, and the other children are not entitled to inherit it.

If the names of the children are together, when the parents die, only the parents' portion of the property can be distributed according to the legal inheritance. If there is only one child's name on the title deed, the ownership of the property belongs to the child, and the other children have no right to inherit; However, if there is evidence to prove that the parents have contributed capital, the part of the contribution can be used as a creditor's right for other children to participate in the inheritance.

There are two kinds of inheritance, legal inheritance and testamentary inheritance, parents make a valid will, the estate belongs to whomever it is given, there is no will or the will is invalid, it is according to the statutory inheritance, it is necessary to first distinguish which part of the property belongs to the inheritance, and then inherit in order.

The situation you are talking about depends on the nature of the original property, whether it is shared by the family or the parents, if it is the family, everyone has a share, if it is the parents, the parents make a will to one of the children, no problem.

In the absence of a will, it is inherited by the five children of the elderly, but the children who have fulfilled the obligation of support can share more, and those who have not fulfilled the obligation of support should receive less or no share.

Both daughters and sons have the right to inheritance.

The son and the four daughters have equal inheritance rights, and although there is no maintenance, the daughters do not lose their inheritance rights as provided for in article 7 of the Inheritance Law. Therefore, it should be divided equally among the five children according to the legal inheritance. You can get a house with the consent of several sisters and give the sisters financial compensation.

Attach; Article 7: [Loss of Inheritance Rights] Heirs who commit any of the following acts shall lose their inheritance rights:

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