Inheritance disputes, anxious, thank you, about how to solve inheritance disputes

If the mother did not make any will before she died, you can pay a lawyer to help your family distribute the inheritance according to the law, and the law has strict rules on the order of heirs, and there is no need to go to court. As for lawyers' fees and other fees, they are charged in accordance with the relevant regulations, and the standards vary from place to place.

According to the normal law, the distribution is absolutely equal.

The notary office will never issue a notarial deed if one of the parties has objections.

Because my brother is the only boy in the family, and the hukou is with my mother, they must pay more for this, and they do not agree to divide it equally, "This point will definitely not be supported by the judge."

To be honest, your brother is already an independent family, and the other four sisters should also know that in the future, the daughters will marry out one by one, and the only family with the same surname as you is left is your brother, and I personally feel that you should also be merciful, so that your brother has a good future, which may involve his marriage, life, etc., if it is completely according to the law, it is indeed very unfavorable to your brother, but did your parents think so before they died?

Personal advice, section.

1. Discuss with your sister-in-law, you can gradually give up the property rights through a written agreement (or notarization) through marriage in the future, etc., and let your brother pay for the property rights that should belong to you, and you can decide the price yourself.

Clause. 2. If your sister-in-law does not agree to the above arrangement, you can first discuss privately with your brother and tell him that under the current law, you can appeal to the court to ask the court to divide the property, and in the absence of a will, the law will definitely divide it equally. Let him do your sister-in-law's work, don't make things out of control, it will definitely affect their relationship as husband and wife.

Clause. 3. If it is not possible to resolve the matter through negotiation, you will directly ask the court to divide the estate, as long as you submit a written complaint and relevant materials, and if you do not know what information you can ask.

The order of succession is the first heir to inherit first, and if there is no first heir, the second heir continues to inherit. The primary heirs are the deceased's parents, spouse, and children. Secondary heirs include grandchildren, siblings, etc.

Legal Analysis:1After the occurrence of a dispute over self-negotiated inheritance, the relevant parties may, on a completely voluntary basis, negotiate an agreement on the time, method and share of the division of the estate through mutual understanding and mutual concession, and then divide the estate according to the agreement.

2.People's Mediation Committee Mediation: People's Mediation Committees are mass organizations. In the event of an inheritance dispute, if the parties concerned fail to reach a consensus through negotiation, the people's mediation committee may mediate the agreement.

3.After a lawsuit is filed with the people's court, if the inheritance dispute fails through negotiation, the lawsuit may be directly filed with the people's court without mediation by the people's mediation committee.

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 first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

The term "parents" as used in this part includes biological parents, adoptive parents, and stepparents who have 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.

The parties to the inheritance dispute are sued by the People's Court of the place where the decedent is domiciled at the time of death or where the main estate is located, and go to the basic people's court of the defendant's domicile to file a lawsuit; where the defendant does not have a place of residence, file a lawsuit in the people's court for the defendant's habitual residence; Where the defendant's domicile is inconsistent with his habitual residence, he or she is to file a lawsuit in the basic level people's court for his habitual residence.

[Legal basis].Article 33 of the Law of the People's Republic of China on Civil Disturbance Litigation is demolished.

The following cases are under the exclusive jurisdiction of the people's courts as provided for in this article:

1) Litigation arising from real estate disputes shall be under the jurisdiction of the people's court at the place where the immovable property is located;

2) Litigation arising from disputes arising from port operations shall be under the jurisdiction of the people's court at the place where the port is located;

3) Litigation arising from inheritance disputes shall be under the jurisdiction of the people's court at the place where the decedent is domiciled at the time of his death or where the main estate is located.

Your uncle has no inheritance rights of his own.

Your grandmother, you and your father have the right to divide equally half of your parents' joint property belonging to your mother. That is, your grandmother may get one-sixth of your parents' property.

I am very sympathetic to you for the process you elaborated. However, the law talks about evidence, and rights must be fought for in accordance with the law. Your grandmother is indeed entitled to inherit if there are no other statutory exclusions (such as abuse of the deceased, etc.).

The specific situation needs to be communicated in detail to give you better advice.

The situation you said is the same situation, but after all, law and emotion are two different things, and you can only tell you the provisions of the law for your reference.

1. If your mother left a will, then do it according to the will, if there is no will, you can only deal with legal inheritance.

2. Regardless of the previous relationship between the parties, according to the law, your mother's first-order legal heirs are your mother's parents, spouse, and children. That is, your grandmother does have the right to claim inheritance, and the court will support her claim.

Of course, this property should be the joint property of your parents, only half of it belongs to your mother's estate, and this half is divided by several first-order legal heirs, if you are talking about these three people, your grandmother can probably take a sixth share of the entire property.

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 inherit;

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.

First, you should pay attention to the issue of filial piety when filing a lawsuit, and the time limit for filing a lawsuit for inheritance disputes is two years, which is calculated from the date on which the heirs knew or should have known that their rights had been infringed. But not more than twenty years.

Second, the issue of jurisdiction. Litigation arising from inheritance disputes shall be subject to the jurisdiction of the local people's court of the decedent's domicile or main estate at the time of death (limited to domestic property).From what you said, it should be submitted to Zhejiang.

Third, on the issue of evidence. The inheritance only involves the house and only other property (if the property is in the territory), there is no difference in a lawsuit, you provide property evidence clues; Submit a certificate of household registration to prove the identity relationship between your grandmother and the deceased, personal or old identity certificates, evidence, etc.

Fourth, your grandmother can file a lawsuit alone, not necessarily with the other brothers, but the court will add it.

The above is only a personal opinion for reference.

Hello, your question is not expressed in detail enough, it involves the law, the inheritance lawsuit, you have to explain the problem very carefully and clearly. For example, whether the wife and children on both sides of the elderly are still alive, the specific content of the will, etc.

In this way, it can be explained! If there is a lawsuit, it should be filed with the other brothers, because if the will does not specifically state it, they also have the corresponding inheritance rights. Now, in the name of your grandmother, you should be able to apply for legal aid, and you can go to the legal aid center or judicial office where you are teased to consult them.

1. According to the procedure, it is necessary for all heirs to agree to transfer to the name of the younger sister before the transfer procedures can be handled, otherwise the real estate registration department will not handle it. Extrajudicial operations are said separately.

2. According to the provisions of the Inheritance Law, if you live with the decedent and bear more maintenance obligations, you may divide more property. The younger sister can claim the right to divide more property.

3. In the case that there is no transfer of ownership of the property, all heirs can agree unanimously, otherwise the transfer procedures cannot be handled.

Supplementary question answer: acres of digging.

According to the provisions of statutory succession, all three have a share. The statute of limitations for estate disputes is 2 years, and you can sue for redistribution in the future, but the premise is that there is evidence, and it is recommended to collect and preserve evidence now, imitating Zheng Ru's audio or written evidence.

1. The statute of limitations for inheritance disputes is one year, and after one year, there is no need to go to the court, and the right to win the lawsuit has been lost.

2. If the old man does not make a will, the legal inheritance applies. The heirs are three children, and in principle, they are square, and they can claim more maintenance and ask for more inheritance.

3. The oral agreement of the heirs on the distribution of the deceased's estate needs to have evidence, and in the above circumstances, it shows that this oral agreement is controversial and almost invalid.

4. If the house is not transferred, the property right is not your own, and of course you can't dispose of the house that you don't have the property right of your own friend.

Is the property involved in the estate a property or a usufruct property?

Assuming that the concession is a property right house, it is generally inherited jointly by the first-order heirs. The first-order heirs may voluntarily renounce the right of inheritance next to the key, but the renunciation of the right of inheritance must be expressed on their own initiative and explained in writing. Although an oral agreement has legal effect, it is difficult to collect evidence and adduce evidence, and it is difficult to be accepted without written materials (the probative effect of human evidence is also very low) - so it is approximately invalid.

When inheriting the estate, if the statutory obligation of support is not fulfilled or the decedent is abused, no or less share shall be given. But it must also be proved.

Untransferred properties generally cannot**.

It is better to reach an agreement on the distribution of the inheritance now, and the younger sister will take care of the old man in front of him, and he can ask for more points.

Zongheng Legal Network Bang Oak - Hubei Xieli Xingqing Law Firm - Hong Changhua Lawyer.

What should I do if there is an inheritance dispute? There are three main ways to solve the problem, namely: first, self-negotiation and settlement; second, mediation by the People's Mediation Committee; Third, file a lawsuit with the people's court.

The so-called people's mediation refers to the activities of the people's mediation committee to urge the parties to voluntarily reach a mediation agreement on the basis of equal consultation and resolve civil disputes through persuasion, counseling, and other methods. In accordance with the provisions of the "People's Mediation Law of the People's Republic of China", where a mediation agreement is reached through mediation by the people's mediation committee, a mediation agreement may be drafted. Where the parties find that it is not necessary to draft a mediation agreement, they may adopt an oral agreement, and the people's mediator shall record the content of the agreement.

After the mediation agreement is reached through mediation by the people's mediation committee, if both parties find it necessary, they may jointly apply to the people's court for judicial confirmation within 30 days of the mediation agreement taking effect, and the people's court shall promptly review the mediation agreement and confirm the validity of the mediation agreement in accordance with law. Where the people's court confirms the validity of the mediation agreement in accordance with law, and one party refuses to perform or fails to perform in full, the other party may apply to the people's court for compulsory enforcement. Where the people's court confirms that the mediation agreement is invalid in accordance with law, the parties may modify the original mediation agreement or reach a new mediation agreement through people's mediation, and may also file a lawsuit in the people's court.

Legal basis: Article 28 of the People's Mediation Law of the People's Republic of China provides that where a mediation agreement is reached through mediation by the people's mediation committee, a mediation agreement may be drafted. Where the parties find that it is not necessary to draft a mediation agreement, they may adopt an oral agreement, and the people's mediator shall record the content of the agreement.

Article 31 of the People's Mediation Law of the People's Republic of China A mediation agreement reached through mediation by the people's mediation committee is legally binding, and the parties shall perform it in accordance with the agreement. The people's mediation committee shall supervise the performance of the mediation agreement, and urge the parties to perform the agreed obligations.