What should we do if the estate is not divided fairly? Rush for expert answers!! Thank you!!

If she makes a will, you can't do anything about it.

If the negotiation fails, does my mother have the right to take priority in possession of the new house?

First, your stepfather's unnotarized will is partially valid; Since the old house is the joint property of the husband and wife, half of your mother's property should be divided first, and your stepfather will have the right to dispose of the remaining half.

Secondly, the same is true for the new house, half of your mother's own, and the remaining half will be inherited according to the provisions of the inheritance law.

The old house is according to the will, and the rest of the property is inherited according to the law.

It is best to consult in person.

Since the old and new houses are the joint property of the husband and wife, half of the property rights of the old and new houses are owned by your mother, which has nothing to do with inheritance. Your stepfather's notarized will is valid as long as it is genuine, the other half of the old house is owned by your stepfather's son, and the other half of the new house is jointly inherited by the person who has the right to inherit.

Your father's will is valid and executed according to the will, and the rest of the house that you divide your parents, brothers and sisters before marriage, and borrowed money to buy according to legal inheritance, because later the marriage real estate certificate is written in her name, may I ask if you want to divorce, how should the property be divided?

Divide according to the relevant laws and regulations, help solve and witness.

You and your uncle should divide the B house equally according to the law, because you have the right of subrogation.

In 07, you sold house A with the consent of your grandmother, and the money was given to your father, which is a gift. But part of it belongs to your grandfather's inheritance, and your grandmother has no right to dispose of it. There should be one-sixth of your uncle's share. If your uncle has objections, you can compensate him accordingly.

It is recommended that you calculate the pros and cons by yourself, and deal with them properly on the premise of maintaining family affection.

Let's straighten out the legal relationship.

1. First of all, after your grandfather dies, your grandmother, uncle, and father are all the heirs in the first order, that is, after deducting half of your grandmother's common part from the AB room, the remaining three people will be divided equally. Your grandmother's permission for your father to sell a can be seen as an act of gifting, but she also disposed of a part that belonged to your uncle, but your uncle did not stop it, which means that he acquiesced in this act. After the death of your grandmother, you have also inherited the remaining B property, and you have already enjoyed the right of subrogation after your father died before your grandmother, and you can claim rights to the remaining property.

Second, you don't have much advantage in a lawsuit, after all, the first property has been given to your father, and it is reasonable for two sons to have one set of two properties, although you have an advantage in legal theory, but the judge not only considers the inheritance of the legal relationship, but also considers the sophistication of the human feelings, so it is recommended to negotiate and deal with it. If you have difficulties in life, you can try to apply for legal aid, but the specific standards for assistance vary from place to place, so you can't refer to it.

In the absence of a will, it is treated as legal inheritance. Rooms A and B should be divided equally between your father and your uncle. Measured in area, not in value. If the area of the house is less than that of the private house, the uncle needs to compensate you appropriately.

After your grandfather is gone, the property is in the absence of a will, and with the knowledge and consent of the whole family, the first legal heir is his spouse, that is, your grandmother. No matter what your grandmother does with those houses, what will be left of your grandmother when she leaves is her inheritance, she is widowed, so the first legal heirs of her estate are her immediate family, that is, your father and your uncle. Since your parents are divorced, you are the first legal heir to your father's estate.

If your father goes before your grandmother, then it is estimated that room B will belong to your uncle, and if your grandmother goes before your father, room B should be divided equally between your father and your uncle, and you can inherit your father's share. This seems to have been learned in middle school politics class before, and it is more ambiguous. It's a good idea to consult a professional.

I guess if you want to go to court, there will already be a loophole in whether your grandmother can inherit your grandfather's entire estate. Because your grandfather went without making a will, his estate could be divided between his wife and children at that time, but in that case, the total value of the two houses can be regarded as your grandmother, your uncle, and your father divided equally, and your grandmother's share was subjectively given to your father at that time. In that case, you might be able to go to your uncle's to get it.

Hello this friend! If what you say is true, and there is corresponding evidence, and the corresponding procedures and real estate deeds can be proved when you bought a new house, then the house belongs to your personal property, not your father's estate, and your mother and your brother have no right to inherit the property of the non-heirs.

First of all, consider whether you and your previous contract for the sale and purchase of the house is valid, and if so, the house is owned by you personally, and your mother and brother are not entitled to inherit it. According to the current policy, you do not have the right to buy a house on rural collective land in Beijing, and your sales contract is invalid. The validity of your previous contract will be analysed based on specific evidence.

Excuse me. I sent it out before I finished the fight. The question I want to ask is""In this case, how should the estate be distributed?""..

The heirs in the first order of inheritance are divided equally, and the joint property of your father and your mother is divided before the inheritance.

So if my father's 200,000 yuan of wealth is earned by him, how much should each person share? Is it one for my grandparents or one for each of them? What is the joint wealth with my mother?

Even if the 200,000 is earned by your father, it belongs to the joint property of your parents; Only $100,000 of them belongs to your father's estate, which is divided equally between your mother, grandfather and grandmother, and you, unless there are special circumstances.

1.If your father does not have a will, then he will inherit according to the law.

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.

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.

Your mom. You, your sister, and your grandmother are all first-order heirs and can divide the inheritance equally, but there are special circumstances that can divide more or less.

The money your grandmother has shared, as well as his inheritance, if there is a will in a hundred years, then according to the will, there is no such thing, your grandfather, your uncle, and your father all have the right to inherit. But your father died before your grandmother, and that is your subrogation, inheriting your father's share.

First of all, look at what the heritage has.

It's easy to divide small things such as money, as long as you discuss it with your grandmother and sister, just take it away.

If you don't have a dispute, go to the notary office to do an inheritance notarization, and take the notarial certificate directly to the housing authority to transfer the property.

Your uncle has nothing to do with this inheritance. He is the second-order heir, and if the first-order heir exists, he has no right of inheritance.

Only you and your grandmother can get it, and everyone else can't get it at all.

Based on what you have said, my preliminary judgment is that after your father's death, his estate will be divided equally among your mother, you, your sister, and your grandmother. Although your sister does not have an adoption certificate, she has formed a de facto adoption relationship with your parents and has the right to participate in the division of the estate.

If your mother has fulfilled the main maintenance obligation to your grandmother before her 100 years ago, she is also entitled to participate in the division of the estate after your grandmother has 100 years old. Otherwise, after a hundred years of your grandmother, if she has no will, her estate will be divided equally between your uncle, your uncle's other surviving siblings, you, and your sister. If your grandmother made a will to give part of her property to your uncle, it is legally recognized.

1. The valid conditions of an oral will are in accordance with the Inheritance Law of our country

The testator may make an oral will in a critical situation. 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.

Article 18 The following persons cannot be witnesses to the will:

1) Persons with incapacity or limited capacity;

2) heirs and legatees;

3) Persons who have an interest in heirs or legatees.

Article 16: Citizens may make a will to dispose of their personal property in accordance with the provisions of this Law, and may designate an executor.

A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs.

Citizens may make a will to donate their personal property to persons other than the state, the collective, or the legal heirs. Article 17 The notarized will shall be handled by the testator through a notary public.

The self-written will shall be written and signed by the testator, indicating the year, month and day.

A scrivener will shall be witnessed by two or more 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.

A will made in the form of a recording shall be witnessed by two or more witnesses.

The testator may make an oral will in a critical situation. 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.

Article 18 The following persons cannot be witnesses to the will:

1) Persons with incapacity or limited capacity;

2) heirs and legatees;

3) Persons who have an interest in heirs or legatees.

Article 19 The will shall reserve the necessary share of the estate for the heirs who lack the ability to work and have no livelihood.

Self-written, scrivener, recorded, or oral wills shall not be revoked or changed.

Article 21: Where there are obligations attached to testamentary succession or bequest, the heirs or legatees shall perform the obligations. Where a person fails to perform his obligations without a legitimate reason, the people's court may revoke his right to receive the inheritance at the request of the relevant unit or individual.

Article 22 A will made by a person who is incapacitated or has limited capacity is invalid.

The will must express the true intention of the testator, and the will made under duress or deception is invalid.

A forged will is invalid.

If the will is tampered with, the tampered content is invalid.

If the above conditions are met, the decedent's estate should be executed in accordance with the will, 2. If the will is valid and the third child knows the will, the house purchased by the third child is not legal. The house is owned by the second child.

3. If the elderly person dies, because his house has been sold, it will not be included in the inheritance. If there is a will, it will be executed according to the will. There is no will, and according to the provisions of the inheritance law, his three sons inherit the estate left by him as first-order heirs.

1. The two buildings are the common property of the two old people. If the value of the two houses is not very different, then it can be understood that the wife happens to own one of the houses (it can be understood in this way, but the joint property is not legally divided into one piece). When the wife died, the half of the two buildings belonged to the wife.

Because the wife is a will, testamentary succession takes precedence over statutory inheritance, so the wife's will is valid.

2. Now the old man's property is only one building. If the building is registered and transferred, then the second child will own the building left by his wife. However, the Property Law stipulates that the transfer of ownership of immovable property must be registered, and if it is obviously not registered, then the Will is valid, but it has not yet taken effect.

If the old man has no right to transfer the house from the will to the second child to the third child, the old man is already a person without the right to dispose of this house. The second child can ask to inherit the inheritance of his wife.

3. I didn't understand the third point too much, the remaining house should now be the property of the old man. If the old man is still alive, then this remaining house is not testamentary property, and it cannot be called a testamentary house I just don't understand what you mean here. It is legal for the third child to pay for a house with his father.

The third child can take ownership of the house.

4. If the old man dies, it depends on what property and will the old man will leave behind. Now both houses are no longer old people's. But the money from the sale of the house can be the property of the old man, and if he spent all the money during his lifetime, then he has no inheritance to leave.

Whatever the old man's last will says, the property will be distributed. If the old man does not leave a will, then the legal inheritance process is entered. The three brothers are all first-in-line heirs and inherit the inheritance left by the old man equally.

If you can prove that some of your uncle's property was his personal property before the marriage, then it is his personal property. Others can't divide it, and after your aunt's death, her property will be divided equally among the heirs in the first order, and her mother won't earn much of it.