Inheritance division and other disputes

Updated on society 2024-03-25
9 answers
  1. Anonymous users2024-02-07

    Is it the problem of house demolition and resettlement? If that's the case, the younger brother only needs to talk directly to the demolition office.

    There is no need to sue the brother and sister-in-law, just to claim inheritance and division of the estate; From the perspective of inheritance, the statute of limitations has not expired (if the heir does not know that his rights have been violated within the period from the 18th to the 20th year from the date of the commencement of the inheritance, his right to file a lawsuit shall be exercised within 20 years from the date of the commencement of the inheritance, and if the inheritance has expired, no further litigation shall be filed).

  2. Anonymous users2024-02-06

    Waiver of inheritance rights: 1 written form 2 oral form (personally admitted or proved by evidence) 3 renunciation to the court and signed 4 if the renunciation is not expressly expressly expressed, it shall be deemed to accept the inheritance.

    If you do not give up, you will be deemed to have accepted the inheritance, which means that you have automatically inherited it three years ago.

    Personally, I understand it this way.

    You can also go to the court and ask, the court will be more professional, and they should have encountered a lot of such things.

  3. Anonymous users2024-02-05

    The younger brother still has the right to inheritance.

    Article 9. Inheritance rights are equal between men and women. Related information.

    Judgments. Chapter. Correlation**.

    Chapter. Article 10.

    The estate is inherited 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, and adoptive brothers.

    Sisters, dependent step-siblings.

    Having a will is a different matter.

  4. Anonymous users2024-02-04

    The division of the statutory estate shall be divided by the heirs in the first order in accordance with the principle of equal distribution, and those with special difficulties shall be taken care of. 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 and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

    Where the heirs agree through consultation, it may also be unequal.

    1. What is the scope of first-order heirs.

    First-order heirs generally receive an equal share of the estate. The people's court will take care of the heirs who have special difficulties in life and lack the ability to work when distributing the inheritance. However, if the heir has fulfilled the main obligation to support the deceased or lives with the decedent, the inheritance may be divided more than the inheritance.

    If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less. Where the heirs agree through consultation, they may also be unequal.

    2. What is the distribution ratio of the first inheritance.

    The distribution of primary inheritance rights 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 and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less. Where the heirs agree through consultation, it may also be unequal.

    3. How to divide the inheritance of a man's death.

    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 and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less. Where the heirs agree through consultation, it may also be unequal.

    Article 1126 of the Civil Code Men and women are equal in inheritance rights. Article 1127 of the Civil Code provides that inheritance shall be carried out 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 first-order heir, the second-order heir shall inherit.

    Article 1130 of the Civil Code: 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 and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less. Where the heirs agree through consultation, it may also be unequal.

  5. Anonymous users2024-02-03

    If the heirs have a dispute over the division of the estate, they can first resolve the issue of division of the estate through negotiation, and if the heirs can reach an agreement on the outcome of the agreement, then the estate will be divided according to the outcome of the agreement; If the agreement is not reached, the heirs can also submit the issue of the division of the estate to the people's mediation committee for mediation or file a lawsuit with the people's court.

    1. How to deal with disputes over the inheritance rights of stepchildren.

    After the occurrence of the inheritance dispute, the relevant parties may, on a voluntary basis, reach an agreement on the time, method and share of the division of the estate, and then inherit the inheritance according to the agreement; In addition, after the occurrence of an inheritance dispute, if the parties concerned fail to reach an agreement through negotiation, the people's mediation committee may mediate; When no agreement is reached through consultation, a lawsuit may be directly filed in the people's court without mediation by the people's mediation committee.

    2. What should I do if the distribution of family property is uneven?

    The uneven distribution of family property may be mediated by the people's mediation committee or a lawsuit may be filed in the people's court.

    Chinese law stipulates that the heirs shall handle the inheritance issue through consultation in the spirit of mutual understanding, mutual accommodation, harmony and unity. The time, method and share of the division of the estate shall be determined by the heirs through consultation; If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

    3. Can I sue if I am not satisfied with the will?

    If you are not satisfied with the will, you can go to court. The heirs can negotiate the timing, method, and share of the division of the estate. If the negotiation fails, they may apply to the people's mediation committee for mediation or file a lawsuit in the people's court.

    The heirs shall handle the inheritance issue through consultation in the spirit of mutual understanding, mutual concession, and harmony and unity. The time, method and share of the division of the estate shall be determined by the heirs through negotiation; If the negotiation fails, the people's mediation committee may mediate, and a lawsuit may also be filed with the people's court. Where there are obligations attached to testamentary succession or bequest, the heirs or legatees shall perform the obligations.

    The relevant legal basis for the association of this model promotion].

    Article 1132 of the Civil Code.

    The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation; If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

  6. Anonymous users2024-02-02

    Hello! Clause.

    1. According to the Inheritance Law, the first order of heirs is: parents, children, and spouses. In other words, after the death of the parents, the estate is inherited by the two sons and daughters, and the daughter-in-law has no inheritance rights.

    Even if the second son dies and the estate is not distributed, the second son's share of the estate needs to be retained, and according to the inheritance law, it is generally distributed equally, that is, the eldest son, the second son, and the daughter each get one-third;

    Secondly, after the death of the second son, he inherited one-third of the inheritance of his parents as the joint property of the husband and wife, half of the second daughter-in-law, and the other half as the inheritance, which was inherited by the spouse and parents of the second son, and since the second son had no children, the half was inherited by the second daughter-in-law.

    The above is the correct procedure for inheritance, and the final result is that the eldest son, the son, and the second daughter-in-law each get one-third.

  7. Anonymous users2024-02-01

    In the absence of a will, the heirs will inherit in the first order, i.e., spouse, parents, children. A daughter-in-law who has fulfilled the obligation of maintenance can inherit in the first order, otherwise there is no right to inherit.

  8. Anonymous users2024-01-31

    The estate shall be inherited equally by the three children, and the wife of the second son shall be entitled to inherit the share of the second son.

  9. Anonymous users2024-01-30

    The wife of the second son can inherit the property left by the parents of the second son, the daughter-in-law of the second son inherits the property of the second son, and the second son inherits the property of the parents in equal amounts with the other children.

Related questions
7 answers2024-03-25

According to Article 18 of the Marriage Law, the property belonging to one of the spouses: (2) medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury. >>>More

4 answers2024-03-25

The statute of limitations for accepting a bequest is an indication of acceptance or renunciation of the bequest within two months after knowing that the bequest has been received. If it is not indicated at the expiration date, it shall be deemed to have waived the bequest. The time limit for initiating a lawsuit in an inheritance dispute is two years, calculated from the date on which the heirs knew or should have known that their rights had been infringed. >>>More

13 answers2024-03-25

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. >>>More

12 answers2024-03-25

The details are not provided clearly, so it is not possible to draw definitive conclusions at this time. >>>More

6 answers2024-03-25

When it comes to the issue of ownership confirmation, the first step is inheritance. >>>More