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Now it's my dad who paid for the house. Can the owner fill in my name?
This should be done by contacting the real estate company and asking for a direct name in your father's name, and if so, your problem will be solved once and for all.
If not, you need to do those procedures.
If not, the owner may write your mother-in-law's name, and it is recommended that you enter into an agreement to agree on the contribution to the property and agree to transfer the property to your father's name after the transfer conditions are met. In addition, it is recommended that your grandfather and your mother-in-law enter into a property agreement stipulating that this property is your mother-in-law's personal property and that she has the right to dispose of it separately. For the sake of safety, it is recommended that your mother-in-law make another will to agree that the property will be inherited by your father, in case of disputes arising from your mother-in-law's death.
Also, my grandfather and mother-in-law are remarried. My mother-in-law has a total of 2 sons and a daughter, and my father is the second. Do the relatives on Grandpa's side also have the right to inherit?
If your grandfather's children are still living together and are minors after your mother-in-law and your grandfather are married, there will be a right of inheritance.
What can we do to make sure we get this house without surprises?
Question addendum: This house was bought by my father, so is this house still considered in the inheritance?
If it is in your mother-in-law's name, it is her inheritance after her death. Therefore, according to the above, if the property has not been transferred before his death, it is recommended that your mother-in-law make a will.
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Nothing should go wrong.
Since the house was purchased by your father, your grandmother promised the ownership of the house. All you need to do is make a will and make it fairly.
But whoever owns the house is filled in the name, if it's your grandmother's, do it as above. If it's your dad's, it's not so much, the ownership of the house belongs to your dad, but the right to use it is given to your grandma. Your grandmother will naturally return it after she dies.
You talked about the inheritance of your grandfather's children. Yes, they have the right to inherit. But the owner's will will determine the final ownership of the house. Make a will and it will be settled.
Under this description. After your grandmother dies, change the owner of the house to your dad. Then continue to live with your grandfather, and the maintenance obligation must still be fulfilled, after all, the first heir of the house is your grandfather.
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1. If the house is bought by the grandfather and mother-in-law during the remarriage period after receiving the marriage certificate, it should belong to the joint property of your grandparents and mother-in-law. After the house is transferred to your mother-in-law's name, your grandfather and mother-in-law will write a gift contract and give it to you.
2. You can also fill in your name before the house is transferred, provided that your mother-in-law's unit and your family reach an agreement.
3. If the house is transferred to you before your mother-in-law and grandfather are alive, there will be no inheritance. If your grandfather and mother-in-law write a will to you, it's okay. However, if there is no will or there is no disposition during his lifetime, it will be handled according to the legal inheritance after a hundred years of your grandfather and mother-in-law, and the children of both parties have the right to inherit.
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Have your grandfather and mother-in-law make a notarized will that clearly states that the house was inherited by your father. After a notarized will, no one else has the right to inherit the house.
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Mother-in-law is grandma, right?
The unit can only correspond to your mother-in-law's name. In fact, it is also very easy to solve, your mother-in-law first makes a will, determines the distribution of property, and then takes it to the notarization.
After your mother-in-law gets the property right, it will be sent to your name by way of gift.
The money is from your father, but the house is in the name of your mother-in-law (that is, the owner of the house), so it is better to make a will first.
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The specific question is that from what you said, you can ask your mother-in-law to make a notarized will. Or enter into an agreement to determine the several scenarios you are talking about. You can ask a lawyer to intervene to help.
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Yes, it is best to go to the notary office to be fair and avoid trouble in the future.
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Whether you can write your name on the house depends on the opinions of your mother-in-law and grandfather, and more importantly, the company agrees. Because it is a company-divided house, there may be restrictive conditions.
Your father's contribution to the purchase of a house, unless otherwise agreed, should be regarded as a gift to both your grandfather and mother-in-law. The house is the joint property of the husband and wife, and if it is legally inherited, your grandfather will definitely have the right to inherit, and then his biological children will enjoy the property benefits indirectly. If your grandfather and mother-in-law were married when your father's generation was young, and there was a relationship between the stepparents and the stepchildren, then your grandfather's biological children are also entitled to inherit your mother-in-law's property.
The best thing to do is to make a will, and the mother-in-law and grandfather jointly promise to leave the house to you. Or, after obtaining the title to the house, your grandfather and mother-in-law will give the house to you directly.
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Write a will directly, and then notarize it at a notary office, there will be no problem, and the protection of the law is the truth!
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Write a will to a notary public for impartiality.
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1. When your father dies, he inherits according to the order of succession, so that the mother, the elder brother, and you (according to your statement no other siblings are found) share the father's property equally, and each of them receives 1 3. According to the inheritance law, the first order of heirs is the spouse, children, and parents, and your sister-in-law cannot inherit your father's estate, and the sister-in-law does not belong to the category of children.
2. The new Marriage Law has not been promulgated, but only judicial interpretation 3, which does not address the aspect of inheritance. The Marriage Act has provisions on inheritance.
According to the Marriage Law, it is the property of one of the spouses under any of the following circumstances: (1) the pre-marital property of one party; (2) Medical expenses received by one party due to bodily injury, etc.; (3) property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for one party; (5) Other property attributable to one party.
Article 17 of the Marriage Law of the People's Republic of China stipulates that the following property acquired by husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife: 1
salaries, bonuses; 2.income from production and operation; 3.proceeds from intellectual property rights; 4.
property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; 5.Other property that should be jointly owned.
Because the father died without a will, the 1 3 property received by the brother belongs to the joint property with your sister-in-law, and your sister-in-law gets up to 1 6 of the property.
3. Let your mother write a will first, indicating that all her property is only for your brother, and it is best to go to a notary office to notarize it. This is your brother's personal property, and even if you get divorced, your sister-in-law will not be able to get it.
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With or without a will, your sister-in-law has no right to inherit your father's property. However, in the absence of testamentary succession, the part inherited by your brother belongs to the joint property of the husband and wife and can be divided in the event of divorce. However, in the case of a will specifying that the house will be inherited by your brother alone, in the future, when your brother is gone, your sister-in-law will also have the right to inherit your brother's property.
For details, please contact ** or QQ.
Beijing Marriage and Family, lawyer Liu Dalai.
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Your sister-in-law has no right to inherit, first of all, your father's property is divided equally between your mother and children, and those who have not fulfilled their maintenance obligations can be divided less or no share. In addition, according to the general human morality, because your mother is still there, it is not feasible to divide the property now, because you also have to consider your mother's feelings. Secondly, for your sister-in-law's rights, your sister-in-law can inherit by subrogation, that is, if your brother is gone, then your sister-in-law can inherit the part of the property that your brother can share.
Here are the provisions of the inheritance law, you see, it will help you.
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.
Article 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.
Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation to support her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.
Article 7 The heirs shall lose the right of inheritance if they have any of the following acts:
1) Intentionally killing the decedent;
2) Killing other heirs for the purpose of competing for an inheritance;
3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;
4) Forging, altering, or destroying a will, where the circumstances are serious.
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If your mother makes a will and gives her share only to her son, the daughter-in-law does not have a share, but the son inherits from his father what he inherits from the husband and wife's joint property, and the daughter-in-law has a share!
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It's okay for your mother to leave a will so that her share goes only to your eldest brother and not to your sister-in-law.
But if your father dies without leaving a will, it will be inherited according to the law, and your sister-in-law has no right to inherit, and the part that belongs to your brother can only be inherited by your brother; However, after your brother inherits, the inherited property will become the joint property of your brother and sister-in-law, and your sister-in-law will still enjoy a share of it.
Legally, that's it.
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Sister-in-law? What about this brother? This elder brother has the right to inherit his father's inheritance. Please be clear about your family members.
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