Consultation on inheritance, urgent inheritance law consultation

If notarization is not required, notarization is not a mandatory procedure. This is legal inheritance, your mother, grandfather, you are the first heir, if they give up the inheritance and agree to give you the house, you can transfer the ownership, go to the notarization, but his certificate is more effective.

Your father's estate is divided into your mother's joint property, and then your father's personal property is divided separately (depending on whether the house was purchased before the marriage or after the marriage, and if there is no special written agreement after the marriage, then the joint property of the husband and wife).

You, your mother, and your grandfather are all first-in-line heirs, and if there is no will or maintenance agreement, you will divide it equally.

As for justice, it is only a question of effectiveness, not a mandatory procedure.

The distribution after that depends on whether your mother and grandfather are willing to give you the inheritance!

According to the law, the decedent's parents, children and spouse are their first-order heirs, so your father's property should be inherited jointly by your grandfather, your mother and you, and in order to be transferred to your name, it should be determined that your mother and grandfather renounce the right of inheritance, and your mother will also give you her share. (The house purchased during the marriage is the joint property of the husband and wife, regardless of whose name it is registered, and your mother has half of the share of the property registered in your father's name).

In the event of the death of one of the spouses, the spouse shall first share half of the joint property of the husband and wife, and the remaining half of the property shall be inherited by the heirs as an inheritance.

For the death of one of the husband and wife, the division of the joint property of the husband and wife shall be carried out first, that is, the division of the joint property during the existence of the husband and wife relationship, for example, the husband and wife have a deposit of 500,000 yuan, and after the death of one party, the division shall be carried out first, 250,000 yuan per person. The estate of the deceased party is 250,000, and the 250,000 of the deceased party is inherited in the order of succession. The other party who died also has the right of inheritance against 250,000 yuan.

Of course, you can only dispose of the property that belongs to you.

If there is no will, the inheritance is carried out by way of legal succession. Article 10 of the Inheritance Law stipulates that the heirs in the first order of legal succession are spouses, children and parents. Therefore, the inheritance of one of the spouses shall be jointly inherited by the heirs in the first order.

As for how to determine the inheritance of one of the spouses, this should also be analyzed by citing the marriage law. Article 17 of the Marriage Law stipulates that property acquired during the existence of the relationship between husband and wife shall be the joint property of the husband and wife. Article 18 also regulates the scope of personal property.

Based on the above, you should be able to draw conclusions.

If one of the husband and wife dies and there is no will, it shall be inherited according to the law, as follows:

If the marital property is joint property, half of the spouse shall be set aside first, and the other half shall be inherited equally by the heirs of the decedent, plus other legal property of the decedent!

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.

Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who lack the ability to work who have special difficulties in life 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.

The law stipulates that all heirs are equal. If the house was built only with the property of the parents, then without a will, all the children would have divided it equally. There is no distinction between male and female households.

Hukou is only useful for demolition and allocation, and it is also useful for newly resettled houses. The original house has not been demolished, and the hukou is not the heir.

Constant residence is not a statutory ground for exclusive or plurality. Even, from a certain point of view, living all the time is already taking advantage of itself. Everyone's house, someone has been living alone, and it has taken advantage of everyone.

There is no legal statement that because you have taken advantage of others for a long time, this right has become your statement. Conversely, in some cases, other rights holders may also have the right to demand financial compensation or compensation from the single occupant.

A few questions need to be clarified:

1. Does the house have a property right certificate or land procedures for building a house? If so, whose property rights or who is the applicant?

2. The construction period of the house, how old are the children when the house is built, and whether they are married?

3. Do the children have no difficulties in living or are unable to work?

First of all, look at the owner of the real estate title deed of the property, if the owner is your parents, in the absence of a will, then the ownership of the house is inherited by all the heirs.

The reply to the "certificate issued by a notary public" is as follows:

1.If it is a notarization of deposit or real estate inheritance, then the notary office should notify you to participate in the inheritance, and you can go to the notary office where the property is located with the certificate of kinship to check whether the above notarization has been handled.

2.It may be a notarization of kinship, which is a notarized document used to inquire about the deposit, and you don't have to worry.

3.If the old man does not have a will, bequest, etc., and all the first-order legal heirs reach a consensus through consultation, the notary office will issue a notarial certificate of inheritance.

4.If you can't agree on the division of the estate, you can only litigate.

5.Don't worry, your sister-in-law will not get the old man's real estate and savings (frozen) without legal procedures, and other property needs to be proven.

You can sue for inheritance and separation.

First of all, according to your parents' divorce agreement, all the property in your family belongs to you, and your father has the right to use it. In other words, after your father got married, the things in the original family (you have to prove that they are all the previous ones, not the new ones bought after the marriage) are all yours.

Secondly, after your father got married, he bought a new car, as well as the property that your father earned after the marriage, which belonged to the joint property of the husband and wife, and was divided equally between you, your sister and your stepmother.

Third, your stepmother does not have the right to dispose of your property, so she has no right to sell your house and other property. As for the household registration book, ID card or something, there is no rule on who will keep it, but it is better for you to keep it.

By the way, if your family's previous house and farmland have been transferred, please keep the divorce agreement.

Go to the real estate bureau and ask

Guangdong lawyer Hu:

Your father is still alive, you have no right to ask about this, and your stepmother can't change the farmland, but it's hard to say about the property.

Your stepmother is also one of the first heirs, your father is not dead, and there is no inheritance of property.

Your father is still alive and cannot be changed, and your stepmother has no right to dispose of your father's personal property.

Hello, if your father does not make a will after a hundred years, you, your sister and your stepmother are the first heirs and have the right to inherit the property. Now that your father is still alive, your stepmother certainly has no right to dispose of it alone.

1. You have the right to inherit your mother's estate. Your father's statements and practices are wrong, and he has no right to deprive you of your inheritance.

2. Now the house where your father and stepmother live is your mother's inheritance, which should be inherited by your father, you, your grandfather, and your grandmother, and it should be divided equally in principle. However, according to the principle of protecting the elderly and minor children, you and your grandfather and grandmother should be appropriately divided.

3. On the one hand, you need to protect your legitimate rights and interests, and on the other hand, you must also take into account the relationship between father and daughter. In view of this, it is recommended that you convince your grandparents to come forward to do your father's work and negotiate a solution. If not, your grandparents will file a lawsuit for division of the estate, and in the course of the lawsuit, you will ask to participate in the lawsuit as a plaintiff and divide the estate.

During this period, the court will organize mediation.

According to you, the house should belong to your biological mother's pre-marital property, that is, personal property, and after her death, it should be inherited by you, your father, and your grandparents in equal shares. So if your grandparents were alive when your biological mother died, and you had a quarter of the house, and your father actually only had a quarter of the house, he could only have control over the quarter, so your father's claim that the house was not your share is not supported by the law. If you have reached the age of 18, you may consider filing a lawsuit in court to dispense with your biological mother's estate, which is the house.

Hello! You have the right to inherit the house and can divide it. Did you go to court to sue?