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If your father writes a will to his son, then there is nothing the daughter can do. Because testamentary succession takes precedence. Your dad has the right to dispose of his own property.
But I don't know if this house is owned by your mother, and if your mother owns it, then your father can only dispose of the part that belongs to him, and your father has no right to dispose of the part that belongs to your mother.
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1. According to the inheritance law, citizens have the right to dispose of their legal property freely, therefore, the house in your father's name can be left to any child in a will, even to outsiders;
2. Children have no right to interfere with the disposition of their parents' own property;
3. The will should leave a certain share for the minor children.
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First, the principle of inheritance of the estate is that if there is a will, it shall be according to the will (the self-written will has legal effect), and if there is no will, it shall be inherited according to the law. If the parents (including adoptive parents and dependent stepparents) and children (including adopted children and dependent stepchildren) of the deceased, and the heirs of the deceased have objections to the distribution of property during the lifetime of the elderly, they may file a separate lawsuit in a civil dispute, but this cannot be used as a reason for not supporting the elderly. It is the responsibility and obligation of every child to provide for the elderly.
Second, the order of succession of legal heirs.
1. According to Article 10 of the Inheritance Law of our country:
The first order is: spouse, children, parents:
Second order: siblings, grandparents, 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 stipulates that a widowed daughter-in-law to her father-in-law and mother-in-law, and a widowed son-in-law to her father-in-law and mother-in-law, who have fulfilled the Lord's obligation to support her, shall be the heir in the first order.
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Legal analysis: You can hire a lawyer for inheritance correction, but you don't have to hire a lawyer. Parties participating in litigation may retain a lawyer as the litigant.
For the parties, if they do not have litigation experience or legal knowledge, it is recommended to hire a lawyer to deal with it. The lawyer's profession is more abundant, which can better protect the rights and interests of the parties.
Legal basis: Article 58 of the Civil Procedure Law of the People's Republic of China The person who attacked the branch and the legal person may entrust one or two persons as the person in the litigation. The following persons may be appointed as litigants:
1) Lawyers and basic-level legal service workers; (2) The parties' close relatives or staff; (3) Citizens recommended by the parties' communities, units, and relevant social groups.
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The Civil Procedure Law stipulates that the parties can entrust a lawyer to litigate, but this is not mandatory, and the parties can choose to please or not according to their actual situation.
[Legal basis].Article 49 of the Civil Procedure Law of the People's Republic of China.
The person concerned has the right to entrust a person to submit an application for recusal, collect and provide evidence, conduct debate, request mediation, file an appeal, and apply for enforcement. The parties may consult the relevant materials of the case, and may copy the relevant materials of the case to dig up Zheng He's legal documents. The scope and methods for inspecting and reproducing materials related to this case are to be provided for by the Supreme People's Court.
The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform the judgments, rulings and mediation documents that take legal effect.
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Legal analysis: Lawyers' fees must be considered comprehensively according to the specific circumstances of the case and the local economic situation. Generally, it is charged according to the amount of the subject matter of the dispute, but it can be negotiated further.
Since the fee standard for civil case lawyers is for all civil cases, and inheritance belongs to one type of civil category, the fee standard of estate inheritance lawyer is similar to that of a lawyer in civil cases.
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. If there is no heir in the first order of succession, the heir in the second order shall inherit it. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.
For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in 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.
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If it is of your father's generation, regardless of whether the adoption has been registered or not, it should generally be recognized as a de facto adoption. However, I personally believe that the relationship of rights and obligations formed by the adoption relationship only extends to parents and brothers, and not to other people.
In this case, your father should inherit as the second heir.
The above is my personal opinion, not necessarily accurate, for reference.
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The Inheritance Law stipulates that if the first-order heir does not exist, the second-order heir shall inherit the heir, and the second-order heir shall be grandparents, maternal grandparents, brothers and sisters.
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A son and a daughter.
The daughter died, however, the daughter's child had the right of subrogation. So there is a right to inherit.
If the son-in-law fulfills the primary maintenance obligation (Article 12), he is also the first in line of succession.
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Yes, a daughter's child has the right of subrogation and gets his mother's share.
Article 11 of the Inheritance Law If the children of the decedent die before the decedent, the descendants of the decedent's children shall inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.
Let me break it down for you. The owner of the house is your grandfather, and after his death, assuming that the house is 1, because it is the joint property of the husband and wife, the house is divided into two parts. 1 2 is your grandma's, 1 2 is your grandpa's. >>>More
The principle of protecting citizens' right to inherit private property is mainly manifested in the following ways: >>>More
Under the Inheritance Act, children include legitimate children, children born out of wedlock, adopted children and dependent stepchildren. Parents, including biological parents, adoptive parents, and dependent stepparents. Siblings, including siblings of the same parents, half-siblings, adoptive siblings, and step-siblings in a dependent relationship. >>>More
Children born of cohabitation have the right of inheritance, and children born out of wedlock enjoy the same rights as children born in wedlock, and no organization or individual may harm or discriminate against them. Children born out of wedlock are equally entitled to maintenance, maintenance and education, and inheritance rights. >>>More
Yes, because your father, aunt, uncle and grandfather are the first heirs of your grandmother, and your grandfather is no longer there, then your father, aunt and uncle have the right to claim the inheritance of your grandmother's estate, but your father is no longer there and you are the first heir of your father according to the legal inheritance, your father died first, you have the right to inherit his share on behalf of your father, if the others do not share it with you, you can go to the court to sue.