After the death of my father, my grandfather also passed away, and how to distribute the inheritance

If there is a will, it will be inherited by the legal heirs. Heirs include siblings of the same parents, half-siblings, adoptive siblings, and dependent step-siblings.

Legal analysis

The right of inheritance refers to the right of the heir to inherit the inheritance of the decedent in accordance with the provisions of the law or the legal and valid will made by the decedent. The realization of inheritance rights refers to the legal consequences of the inheritance obtained by the heirs in accordance with the legal inheritance or testamentary succession after the heirs have obtained the inheritance rights in accordance with the law. There are several prerequisites for the realization of inheritance rights:

1. The heirs are within the scope of the subject of inheritance; 2. The inheritor has not lost the right of inheritance; 3. The content of the realization of the right of inheritance is lawful and does not infringe upon the legitimate interests of the state, the collective, or others.

In order to realize the right of inheritance, you should first clarify whether you have the qualifications of the subject of inheritance, and if you have a will, you will inherit according to the will, and if you have not a will, you will inherit according to the law. After the commencement of the inheritance, either heir has the right to propose a division of the estate. If the negotiation fails, a lawsuit for inheritance may be filed with the people's court.

The clarity of the order of inheritance provides a strong guarantee for the orderly division of the estate. At the same time, it should be noted that in the division of inheritance, the principles of equality between men and women, the care of the old and the young, the care of the sick and disabled, as well as mutual understanding, mutual accommodation, solidarity and harmony should be adhered to. Even if there is a will, the necessary share of the inheritance should be reserved for the heirs who lack the ability to work and have no livelihood, as well as the inheritance share of the fetus.

In addition, the inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of the estate. The heirs have no obligation to repay the part that exceeds the actual value of the estate, except for voluntary repayment.

Legal basis

Article 1127 of the Civil Code of the People's Republic of China The inheritance of inheritance shall be in the following order: (1) the 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.

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.

Inherited by their legal heirs.

Legal basis: Inheritance 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 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.

If the father dies and there is no will, the inheritance can be divided into several parts according to the siblings, and if there is a mother, the mother should inherit it.

When my father died, the main thing was to see if he had left a will? If there is a will, the property needs to be distributed according to the will, and if there is no will, it must be distributed according to the proportion of the heirs.

Father died. How should my inheritance be divided? A, here's the thing.

My father died, but my mother was still alive. All inheritances are inherited by the mother. If the mother is gone, then there are children to inherit.

It is in accordance with the legal procedures of the state to inherit only the father's business. So when the father dies, then all the inheritance is distributed. It is the inheritance of children.

When the father dies, the family's inheritance should be distributed in this way, first divide the family's inheritance into two parts, one of which is the mother's, the other is the father's, and then the father's share will account for a fraction according to the first heir, including the mother, also account for one, if the first heir does not have it, second, the heir inheritance is also according to how many people, each person accounts for a fraction.

The estate of the father before his death belongs to the joint property of the parents (one half of each), and the one-half of the property left after the death of the father is inherited by the grandparents, the mother and all the children of the parents in equal shares, of course, you are one of the first in line of succession.

If a family member dies. The share of inheritance inherited by the heirs in the same order is generally equal. However, for heirs who have special difficulties in life and lack labor, they should be taken care of when distributing the inheritance, and the English translation should be done to the deceased.

The main maintenance obligation or the heirs who live together with the decedent are absent from a single Dauphin when distributing the talents. Where heirs who have the ability and conditions to support do not fulfill their obligation to support, they shall divide the inheritance without or with a small share.

In the absence of a will, the first-order heirs are the spouse, children, parents. So your mother, grandparents, you and your own siblings have the right to inherit.

Hello, I am a cooperative lawyer of the platform, I have received your question, please wait a while, I will help you inquire here, I will reply to you as soon as possible, and please wait for me a little longer.

business. 2. According to the situation you described, combined with the operation method of the court in the practice of housing inheritance, the best way for you to realize your cash is to divide the inheritance mentioned by your stepmother first, and sign an inheritance division agreement while she still agrees to take only half of it. This agreement shall enter into force upon its signature.

3. The purchase and sale of a house does not have to be transferred to the name of one person, and your house is now in a state of joint ownership. So you can work together** (provided you sign the agreement I'm talking about). Then divide it according to the agreement with the money of the common **.

4. It is best to sign the agreement to be fair, so that even if your stepmother later repents, the court will order you to share it with the notary documents. 5. It is impossible to unilaterally de-mortgage as you said. Because you are not the right holder, the house is jointly owned, and you want to mortgage it, unless the three of you go to the bank together to go through the relevant procedures.

In addition, it is not recommended that you use the mortgage method, because the bank mortgage is generally lower than the market price, so if you sell it at a higher price in the later stage, your stepmother may come to you to ask for extra money. 6. The third question for you is my operation method. The best way for you to do it so far is what I'm talking about.

According to the method I said, you can avoid the situation you are talking about. Because even if she repents, the court will rule according to your agreement. 7. If the judgment is real, the court will ask for your opinion on whether anyone is willing to take over the house, and if so, then compensate others according to the proportion.

Hello, are you satisfied with the answer I provided? If you have anything else you want to ask, you can say it, and I will try my best to answer it for you!

If you have a will, you will inherit according to your will, and if you don't, you will inherit in the order of legal succession, and your grandparents (if you are still alive), your mother, you and your siblings will be able to divide your father's estate equally.

Hello, thank you for your patience in waiting for this situation, first of all, consider whether the father had a will at that time, if there is no will, it will be divided equally according to the brothers and sisters, and all the expenses of the death of the old man are also shared equally by everyone, so as not to have disputes, and everyone pays and returns are equal, I hope it will help you.

If the father of the family dies, this abnormal normal distribution is as follows: 100% of the parents' property is owned by the husband and mother, and the father's property is half of the mother's and half of the children's. Therefore, the father's property is divided between the mother and the child.

How should the inheritance be distributed among the family after the death of the father? I think that if your father dies, the property will go to your mother, who has the right to distribute it.

If your father has a will, then it must be distributed according to the requirements of the will, and if not, it will be inherited in the order of legal heirs, which means that your grandparents and mothers have the right to inherit.

When my father dies, how should my family's inheritance be distributed? When your father dies, the family's inheritance should be divided through negotiation among the main members of the family, first your mother should inherit most of the estate, and then your father's parents and children will inherit his inheritance.

Your father is dead, is your mother still alive? If your mother is still alive, your father's property will be inherited by the first-order legal heirs. These include: the deceased's parents, spouse and all their children divide the inheritance equally.

When my father dies, how should my family's inheritance be distributed? If you inherit this, you should see if your father has a will, if there is a will, you can inherit it according to your father's will, and if not, you should see how to discuss with each other how to divide it.

If your father dies, if there is a will, it will be divided according to the will, and if there is no will, all the children of the father and your mother and grandparents will be divided equally.

When the father dies, the inheritance of the family should be inherited by the father's children, and the children can be divided equally, and if your mother is still alive and your mother is still alive, these inheritances should be managed by the mother.

If your father dies, if your mother is still alive, it is recommended to leave your father's estate to your mother first, and if your father has a will, then the father's estate will be dominated by the heirs determined in the will. In addition, if the father dies and there is no will, the father's estate should be divided equally between the father's immediate family and the father's wife.

If there is no will, the first heir of the mother, then the parents, the children and the mother will distribute the other half of the property.

When your father dies, you can be given a regular distribution, that is, whoever serves your father more will have more children, and whoever is not suitable will get less.

After the death of your father, the distribution of your family's inheritance will of course be distributed in the order of inheritance distribution, and your grandfather, your mother and you will have the right to inherit the estate.

When your father dies, your family's inheritance, if your mother is there, will inherit it from your mother. Well, if the mother is not there, there will be children to inherit.

Legal analysis: 1. The first situation: If your mother and your father are legally recognized and protected husband and wife relationship when your father Sakura dies, the first thing is to separate the joint property of the husband and wife, which is the business of the two of them, even if your father has a will, he cannot dispose of the joint property of the two on behalf of your mother (this will involve a lot, and the proportion of distribution depends on the specific situation and the situation supported by the evidence).

Because according to the law, except for the personal Luji property specified before marriage, the income after marriage is roughly counted as the joint property of the husband and wife, not according to the amount of income, even if your mother has no income, the money earned by your father after marriage must also be counted as the joint property of the husband and wife (the joint property of the husband and wife is generally divided equally, that is, half of one person, unless the two agree on other distribution ratios). According to the law of inheritance, you, your mother, and your grandfather and grandmother are all first-order heirs, with equal rights, and you should divide the property belonging to your father equally. To put it simply, if it is ten yuan, your mother will take 5 yuan first, and the remaining 5 yuan will be divided equally between you, your mother, your grandfather, and your grandmother, and the result will be your mother's yuan, your yuan, your grandfather's yuan, and your grandmother's yuan (, of course, if the heirs in the same order have "special difficulties in life and lack of ability to work", they can ask for more points, but they must also negotiate with the heirs in order and meet the above two conditions, which are indispensable. And the extra points are only until they are satisfied with their basic life.

2. The second situation: your parents have a marriage relationship (divorce, widowhood, etc.) that has no legal protection, and the marriage relationship has been completely dissolved before your father's death (the court has ruled on the divorce and the judgment has taken effect). Divorce by mutual agreement, and complete the divorce procedures, etc.), at this time, your father's property is completely personal property and has nothing to do with your mother.

Then, in the spirit of the inheritance law, you, your grandfather, and your grandmother divide your father's property equally, and the proportion is ,. As above, if the heirs in the same order have "special difficulties in life and lack of ability to work", they can ask for more shares, but they must also negotiate with the heirs in order and meet the above two conditions, which are indispensable. And the extra points are only until they are satisfied with their basic life.

Legal basisArticle 1133 of the Civil Code of the People's Republic of China A natural person may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint an executor.

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

A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.

A natural person may establish a testamentary trust in accordance with the law.