Can I get a share of my father s property?

If you have a will, although it is drafted, it also reflects your father's will to a certain extent.

The first step is to confirm whether your father has a will, and if there is a will, the proportion of property division will be handled according to the will.

Step 2: If there is no will, confirm whether your father's house was purchased before or after your stepmother's marriage.

Provisions in the Law on Marriage on Community of Family Property:

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) The property of the stool and lead stove obtained by inheritance or donation, except as provided for in the third paragraph of Article 18 of this Law;

5) Other property that shall be jointly owned.

It is mainly acquired during the marriage relationship after the marriage is registered, and the scope includes:

1) Salary and bonus;

2) income from production and operation;

3) income from intellectual property rights;

4) property acquired by inheritance or gift;

5) One-time expenses such as demobilization allowance and self-employment allowance in the name of the soldier;

6)**, debt jujube coupons, investment**, etc. are valuable**;

7) The amount of capital contribution, shares and sole proprietorship of the company.

The above content reference: Encyclopedia - Property Division.

First of all, after the inheritance begins, it is handled in accordance with the legal inheritance; 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.

Secondly, the provisions of the will are as follows: 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 personal property to organizations or individuals other than the state, the collective, or the legal heirs of the brother.

Thirdly, the provisions of legal succession are as follows: the inheritance shall be inherited in the following order:

1) First order: spouse, children, parents;

2) Second order of honor: siblings, grandparents, maternal grandparents.

After the inheritance begins, it shall be inherited by the first-order heirs, and the second-order heirs shall not inherit the dust; If there is no first-order heir, the second-order heir shall inherit.

Article 1123 of the Civil Code of the People's Republic of China, after the commencement of inheritance, it shall be handled in accordance with statutory inheritance; 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.

If the property of the father's death can be divided, the joint property of the husband and wife shall be divided first, and the personal property of the deceased before his death shall be the estate of the deceased, and the deceased will before his death shall inherit according to the will; If there is no will, statutory succession.

[Legal basis].Article 1123 of the Civil Code of the People's Republic of China.

After the commencement of inheritance, it shall be handled in accordance with the law and the agreed inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or the first hidden late bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1153.

Unless otherwise agreed, when dividing the property jointly owned by the husband and wife, half of the jointly owned property shall 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.

If the father dies and the father's estate is handled according to the legal inheritance, the child is one of the legal heirs and has the right to inherit the father's estate.

When the father dies, the father's personal property before marriage plus half of the father's joint property (the other half belongs to the mother's property) constitutes the father's estate, which is inherited by the heirs of the father's estate

1. Testamentary succession.

If Dad made a will during his lifetime, he will inherit it according to the heirs named in his will. Other legal heirs who are not included in their will are not entitled to inheritance. However, there is an exception for the mandatory reserved shares under the Civil Code.

For example, if your father's will specifies that you will inherit alone, then you can only inherit alone, and neither your mother nor grandparents can inherit it.

2. Statutory succession.

If the father did not make a will during his lifetime, it will be handled according to the legal succession and inherited by the legal first-order heirs of the father's estate, that is, by the mother, children and grandparents. Children are equally entitled to inheritance regardless of whether they are male or female, and daughters are married or not.

The Succession Section of the Civil Code has clear provisions on this.

Can be divided. As long as the father and stepmother of the parties have received a marriage certificate and have a legal marriage relationship, then after the death of their father, the stepmother has the right to inherit the estate and can negotiate a share of the property. If the father of the person has a will, the distribution of the estate according to the contents of the will; If there is no Will, the estate is inherited in the order of statutory succession, and the first-order heirs include:

Parents, spouses, children, and heirs can divide the inheritance equally, and the old fiber can also negotiate to distribute the share of the inheritance.

Civil Code of the People's Republic of China

Article 1061:Husbands and wives have the right to inherit each other's inheritances.

Article 1070:Parents and children have the right to inherit from each other.

1. The property of the son and the father can be divided by gift or inheritance, or through negotiation.

2. If the gift needs to be signed, a gift contract is required.

3. In the event of the death of one party, the other party can also obtain the other party's wealth and property through inheritance.

4. Both parties, as persons with full capacity for civil conduct, may also agree to divide the common property by agreement.

How to divide the heirs of the estate in legal inheritance.

In statutory succession, heirs in the same order shall generally distribute their share of the inheritance equally. If the heirs agree to make trouble through consultation, it may also be unequal. If the negotiation fails, a lawsuit may be filed with the court.

Article 1130 of the Civil Code provides that the share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who have special difficulties in living and lack the ability to work 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 to support and the conditions to support quietly does not fulfill the obligation to support, the inheritance shall be distributed without or less. Where the heirs agree through consultation, it may also be unequal.

Article 657 of the Civil Code.

A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

If there is no will, the estate will be inherited in the order of statutory succession, with the first heirs being the spouse, children, and parents, and the second in order of heirs being siblings, grandparents, and maternal grandparents.

Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of the estate shall be carried out in the following order: (1) The first order:

spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it will be inherited by the heirs in the first order, and the heirs in the second order will 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.