The issue of the distribution of the estate, the issue of the distribution of the estate

My analysis and opinions are as follows: 1. The method of distribution after the death of male A that you said is in line with the provisions of the inheritance law and is correct. At this time, Female B cannot be assigned and her children have no right to interfere in the distribution process.

But be clear that the property that the woman B received was three-fifths of the total property. According to Article 9 of the Inheritance Law of the People's Republic of China, the right of inheritance is equal between men and women. Article 10 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 26 Unless otherwise agreed, if the jointly owned property acquired by the husband and wife during the existence of the marital relationship is divided, half of the jointly owned property shall first be divided into the spouse's property, and the rest shall be the inheritance of the decedent. Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.

2. What you said: "Between the age of Daughter B, Son A is the eldest son in the family, and proposes that the children divide half of Daughter B's property equally for her to keep for Daughter B's pension, that is, Son A, Daughter B, Son C, and Son D 4 people will distribute Male A's property. However, in view of the internal affairs of the family, you can negotiate first, and if the negotiation fails, and the female B is unwilling, then the court will distribute it according to the regulations, that is, the part that the female B should inherit from the male A (one-fifth of the half of the male A) should belong to the female B according to the inheritance law.

The four children have no right to divide the part of the property of the daughter b. 3. The inheritance and division of property cannot affect the child's pension relationship with Daughter B, and if there is any misconduct on the pension issue with this motive, then the court will give mandatory distribution in strict accordance with the relevant regulations. 4. According to the provisions of the inheritance law, a woman B has the right to donate or part of her personal property to any one or more of her children, and no one, including her relatives and children, has the right to interfere.

Even if Zijia disagrees, he has no right to interfere. 5. As an old woman, B should not do this, because the four children are their own children, and the palms and backs of their hands are full of meat. 6. All the above judgments can be made on the basis of negotiation, and if the negotiation fails, then legal procedures can be taken.

Having said that, just because of this property, it is best not to go to court, first, it will hurt the affection and self-esteem of the brothers and sisters, and break off the family relationship in the future, which is really not cost-effective and not worth it. The second is that the reputation is not good, and outsiders see jokes. I recommend:

Negotiate with you kindly, as the eldest son, A, should have the image and behavior of the eldest brother, and unite his brother and sister.

If the house is bought during the relationship between man A and woman B, half of it belongs to woman B. In the case that Male A does not have a will, the rest of the points are right. As for the distribution of Woman B's property, it depends first of all on Woman B's wishes, and she has the right to dispose of this part of the property and can designate to whom she can distribute it.

It is recommended that when she makes her will, she should state that if it is allocated to two of them, they will be responsible for their support; or give a small amount to child A, provided that child A must bear the obligation of maintenance. If you can't explain this kind of thing, it depends on how the family coordinates. Even if you go through the legal process, you must first come according to the wishes of female B.

You have too many questions, although the law does not interfere with the division of property at home, but disputes can only be resolved according to the law, of course, children sometimes think that it is reasonable, but reason cannot replace the law, no one has the right to interfere with the property rights and inheritance rights of the old lady, and the old lady disposes of her own share is supported by the law.

As the legal spouse of your husband, you have the right to receive your husband's estate, including compensation, and your mother-in-law's actions have violated your civil rights, and you can sue your mother-in-law for the division of the compensation, and the children born to your husband and his ex-wife also have the right to participate in the inheritance. Litigation matters.

According to the relevant judicial interpretations, if the insurance has a beneficiary, then the insurance money can only be collected by the beneficiary;

2. If there is no beneficiary, the insurance money should be inherited as an inheritance, in which case, you are entitled to a part of the insurance money.

Welcome to consult. You can sue for the division of the estate.

First, if the insurance has a named beneficiary, then the premium can only be collected by the beneficiary;

Secondly, if there is no beneficiary, the insurance money should be inherited as an inheritance, and you are also one of the heirs and can get a corresponding share of the inheritance.

According to the relevant judicial interpretations, if the insurance designates a beneficiary, then the insurance money can only be collected by the beneficiary;

2. If there is no beneficiary, the insurance money should be inherited as an inheritance. After deducting the maintenance expenses of the children born to him and your mother-in-law and the expenses of your mother-in-law's dependents, as your husband's estate, you, the children and your mother-in-law shall jointly inherit it.

There is no legal basis for your mother-in-law's claim, and you have a share of the legal inheritance. If you need help, you can ask us to help solve it.

1. This house was donated to both of you by your father-in-law after you and your husband got married (the law stipulates that during the existence of the marital relationship, the gift of the parents, if there is no clear request for the gift, is the joint property of the husband and wife). It is the joint property of the husband and wife.

2. The distribution plan should be to divide 1 2 to you first, and then divide the remaining 1 2 by you, your father-in-law and your children.

3. If the house was indeed given to you by your father-in-law after your marriage was registered. Then you don't have to worry, your rights and interests can be protected from the law.

If the transfer date is after you have obtained the marriage certificate, it will be the joint property of your husband and wife, but you will have the right to inherit it as your husband's estate anyway.

It's your husband's inheritance and has your share.

If the negotiation fails, he will sue the court to claim the division of the estate.

Legal basis: Inheritance Law of the People's Republic of China.

Chapter II Statutory Inheritance.

Article 9: Men and women are equal in inheritance rights.

Article 10 The inheritance shall be carried out in the following order:

First order: spouse, children, parents.

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 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs.

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.

In principle, the estate should be divided equally among the three children of the elderly, because they are all first-in-line heirs.

After the death of the elderly, the estate has not been distributed, and it should be treated as legal inheritance.

You each have a third of the house, and if someone occupies the entire house, you have the right to demand that the other person stop the infringement.

If there is no will or bequest maintenance agreement, the house belongs to the three children of the old man according to the shares, if the eldest starts to renovate after the eldest moves, the remaining children can sue the eldest as the defendant to the court where the house is located, requesting the division of property. Of course, it would be best if the three children could negotiate.

Tell him to pretend, this does not affect the division of the estate.

The inheritance includes: 1. The legal income of the citizen. Including income from engaging in physical and mental work, **, dividends, awards received, etc.; 2. Citizens' houses, savings and daily necessities.

Housing includes self-use housing, rental housing, idle housing, business housing, etc.; Savings include deposits in banks, credit unions, insurance companies, other financial institutions; Daily necessities include furniture, home appliances, books, computers, vehicles, etc.; 3. Citizens' forests, livestock and poultry; 4. Citizens' cultural relics, library materials. Including antiques, calligraphy and paintings, books, collectibles, etc.; 5. The law allows citizens to own the means of production. Including land, farm tools, building materials, crops, mineral deposits, etc.; 6. Citizens' property rights in intellectual property rights such as copyrights, patent rights, and trademark rights; 7. Other lawful property of citizens.

Including mortgages, pledges, liens, pawns, creditor's rights, etc. 1. The personal rights of the decedent. Including the right to life, the right to health, the right to name, the right to portrait, the right to reputation, the right to honor, etc.; 2. The right to use all resources owned by the state or collectively owned.

3. Pensions and living allowances issued by relevant units to the family members of the deceased due to the death of the deceased. 4. The deceased rented or borrowed the property of others during his lifetime. 5. Formulate the insurance benefits of the beneficiary.

Testamentary succession, also known as designated succession, is the symmetry of statutory succession. It refers to the legal system in which the heirs of the deceased determine the heirs and distribution of their personal property after their death in the form of a will. Article 16 of the Inheritance Law stipulates that "a citizen may make a will to dispose of his personal property in accordance with the provisions of this Law and may appoint an executor."

Form of WillAccording to Article 17 of the Inheritance Law, there are five forms of will: 1Notarized wills.

That is, the testator goes to the notary public to notarize his testamentary behavior and the content of the will; 2.Self-written will. That is, a will written by the testator, which must be signed by the testator himself, and note the year, month, and day.

3.Scrivener will. That is, the testator entrusts others to write a will.

A scrivener will shall be present with more than two witnesses, one of whom shall write on behalf of the testator, indicating the year, month and day, and shall be signed by the scrivener, other witnesses and the testator. Witnesses must not be heirs determined in the will. 4.

Recorded wills. That is, the testator determines the content of his will through audio or video recording. A recorded will, like a written will, requires the presence of more than two witnesses, and the circumstances of the testimony are recorded or videotaped.

After completion, the audio and video recordings should be sealed, and the seal should be signed and sealed by the witnesses and the testator. 5. Oral will. That is, the testator makes a will orally when he writes, records or notarizes unconditionally under critical circumstances.

An oral will should be witnessed by two or more witnesses. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will made is invalid. Since the law does not limit the number and form of wills made by citizens, and in essence, it also respects the wishes of citizens to change their wills at any time, so there will be multiple wills coexisting in real life.

For the determination of the validity of multiple wills, according to Article 42 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law, "if the testator has made several wills with conflicting contents in different forms, and there are notarized wills, the last notarized will shall prevail; If there is no notarized will, the last will shall prevail. If the decedent identified in the will dies before the heir, the will becomes invalid.

After the death of the heir, the estate involved in the will shall be handled as legal succession.