On the death of the father, the division of the stepmother s estate

The first property, which belonged to his parents, could be inherited in part of his father's share, but since the stepmother had the same inheritance rights as the reborn child, he could inherit one-sixth of the first property.

According to your description, the second property is the property of his aunt.

The third property, since it was purchased by the father after remarriage, belongs to the joint property with the stepmother, and can also inherit one-sixth of it.

Since it was the joint property of his parents, his parents each owned half of the property. So it is one-third of the inheritance that belongs to the father, which is one-sixth of the entire property.

As you mentioned, if the house or everything was bought by your father and your real mother when they were alive. This must be done first. There's your mom's share of it. You can inherit your own mother's inheritance. Your stepmother has no right to divide it equally.

[Legal Analysis].

According to the relevant laws and regulations: if it is a party's pre-marital property, which belongs to private property, does not participate in the distribution, the property distribution, the scope of property shall first be determined, and the joint property of the husband and wife after marriage, the husband and wife shall divide it equally, and if the father dies, the wife and father each get half, and the remaining half shall be divided equally by the stepmother and children, and if the house cannot be divided, the method of economic compensation may be adopted. Statutory succession is a form of inheritance other than testamentary succession in which the estate is transferred to the heirs in accordance with the direct provisions of the law.

In statutory inheritance, the heirs who can participate in the inheritance, the order in which the heirs participate in the inheritance, the share of the inheritance that the heirs should inherit, and the principles of the distribution of the inheritance are all directly stipulated by the law. Therefore, legal inheritance does not directly reflect the will of the decedent, but only the law inherits the estate by his close relatives according to the presumed will of the decedent.

Legal basis] Civil Code of the People's Republic of China Article 1127 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.

The inheritance share of the first-order heirs is the same, unless a will is made. It should also be noted that the father must have registered his marriage with the stepmother for the stepmother to have the right to inherit.

1. The portion of the property that belongs entirely to the father, and the child and the stepmother each inherit one quarter.

2. If the property belongs to the marital property of the father and the stepmother, the share belonging to the stepmother shall be withdrawn first, which is generally one-half, and the remaining one-half shall belong to the inheritable property, and the children and stepmother shall inherit one-quarter of it.

The share of the total subject matter actually obtained: the stepmother obtains five-eighths of the total property, including one-eighth of the inheritance, and the children each acquire one-eighth of the total property.

3. The property belongs to the marital property of the original spouse, and the father acquires the marital property of the original spouse by inheritance. First of all, the share belonging to the original allotment must be withdrawn, usually one-half, and the father and the child each receive a quarter of it. Then the father's inheritance plus his own share is used as an inheritance, and the children and stepmother inherit a quarter of it.

The share of the total subject matter actually obtained: the stepmother acquires 5/32 of the total property, and the children each acquire 9/32 of the total property, including 1/8 inherited from the mother and 5/32 inherited from the father.

If the father and stepmother have not registered their marriage, they only need to divide the part of the property that belongs to the stepmother and the father living together, and the children receive one-third of the part of the father's property.

The above is a general plan, and the specific allocation method is also affected by other factors.

1 Determine which part of the heritage is the inheritance.

For example, there is a room.

If it was obtained before the stepmother got married.

Then not a legacy.

If it is acquired after marriage and it is the joint property of the husband and wife, and the father does not have a will, then 1 2 is the inheritance.

2 Legal succession, theoretically, is the equal share of legal heirs.

That is, the three sisters of 1 2 and the stepmother of the house are equally divided.

In fact, the age of the heir should be taken into account, physical and economic income, that is to say, the stepmother will appropriately divide if the judgment is made.

If the property of the father and the ex-wife (who died of illness) is not divided, then the pre-marital property of the father and stepmother belongs to your father and the ex-wife, and the father has no right to dispose of all the property of the ex-wife, and the property of the ex-wife is divided equally among the children.

The father and the stepmother have half of the joint property after marriage. The remaining half is inherited by the stepmother and the children.

Inheritance of children: After deducting half of the marital property between the mother and the father, the father and the children will share the part equally After deducting half of the marital property between the stepmother and the father, the stepmother and the children will share the part equally.

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!

As long as the father and stepmother have obtained the marriage certificate, then your sister and stepmother are the first-order heirs, which means that the property is divided equally between the three of you.

Your three sisters are divided into all or your stepmother is not divided, or your three sisters are divided into half and your stepmother is divided into one half.

If the mother has a will, she inherits according to the will; If there is no will, the joint property of the mother and stepfather is divided equally first, with the stepfather dividing half and the remaining half going to the mother's estate. There is a will to inherit according to the will, and the intestate inherits according to the legal order, the 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 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.

1. What are the conditions that must be met to constitute a heritage?

1. The inheritance must be property. Among them, property includes both positive property and negative property. Negative property is debt. Inheritance cannot be personal rights and status, which is determined by the modern civil code as property inheritance, which is different from the ancestral inheritance system in ancient society.

2. The estate must be the legal property of the deceased during his lifetime. Everything here is all in a broad sense, including not only ownership and other property rights as property rights, but also the creditor's rights enjoyed by the deceased during his lifetime, as well as the part of property rights in various compound rights such as intellectual property rights and equity.

3. The estate must not be the property of the deceased himself. Some property is not inheritable due to its personal exclusivity and therefore cannot be inherited. In the case of the right to claim pension benefits, such rights will be extinguished after the death of the insured.

4. The form of the estate is not limited to the state left by the deceased at the time of death, and the property derived from the property left by the deceased or the substitute property is the inheritance.

Yes. Many people think that stepchildren have no right to inherit the inheritance of their stepparents, but in fact, if there is a custody relationship or adoption relationship between the two parties, then after the death of the stepparents, the stepchildren can also inherit the inheritance of the stepparents.

OK. As long as two people are legally related, they can inherit the estate.

I think that the stepson can also divide the stepmother's inheritance, if the stepmother divides the father's inheritance, as a stepson, it has a certain relationship with the stepmother is a model of age, and it is also the first person to be succeeded by Zheng Chuan can get all the property of the other party.

Yes, as long as there is a marital relationship between the stepmother and the father, then the stepson should inherit the stepmother's estate as the first heir.