It is unclear how to determine the inheritance of the elderly, and how to deal with the inheritance

1. The estate shall include all the personal property of the decedent before marriage and half of the joint property of the husband and wife after marriage.

2. For those who live together with other family members, they shall first divide the property of others.

3. The elderly have a will, and their estate is distributed according to the will. However, the distribution clause in the will that contains the property of others is invalid.

4. The Inheritance Law stipulates:

Article 5 After the commencement of inheritance, it shall be handled in accordance with the statutory succession; 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.

Article 16: Citizens may make a will to dispose of their personal property in accordance with the provisions of this Law, and may designate an executor.

A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs.

Citizens may make a will to donate their personal property to persons other than the state, the collective, or the legal heirs.

Article 26 Unless otherwise agreed, if the jointly owned property acquired by the husband and wife during the existence of the marital relationship is divided, half of the jointly owned property shall first 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.

The inheritance belonging to the elderly should be divided, and then the inheritance should be divided.

In the absence of a will, the estate should be inherited by the legal heirs in the first order. In this case, I would like to pay attention to the following points.

1. The money is in the hands of the second daughter (there is evidence to prove it), and she refuses to admit it, in this case, according to the provisions of Article 24 of the Inheritance Law and Article 59 of the Inheritance Law Opinions, the people's court may reduce the inheritance of the second daughter at its discretion.

2. The law stipulates that the heirs who have entered into the main maintenance obligation of the decedent or live with the decedent may divide the inheritance more when distributing the inheritance.

If an heir who has the ability and the capacity to support does not fulfill the obligation to support him, he or she shall not share or divide the inheritance less.

Therefore, in principle, you and the second daughter can be divided more, and other people who have the ability and conditions to support should be divided less or not at all.

If the inherited Lupiyuan person has a will, he will inherit according to the will of the decedent; If the decedent does not have a will, the legal inheritance will be made by the decedent's first-order heirs, including spouse, children, and parents. 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.

Article 1127 of the Civil Code provides that the inheritance shall be carried out in the following order: (1) in 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 to succeed the heir, the second-order heir shall inherit it. 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. "Brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-siblings or half-siblings, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

Article 1123 of the Civil Code, which came into effect on January 1, 2021, shall be handled in accordance with statutory succession after the commencement of succession; 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. 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 inherit; If there is no first-order heir, the second-order heir shall inherit.

The disposition of the elderly's estate depends on the circumstances:

1. After the inheritance begins, if there is a will, it shall be inherited according to the will, and after the death of the decedent, if there is a will before his death, he shall first follow the will;

2. If there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement, and if the decedent has signed a bequest and maintenance agreement with a social organization or individual after his death, the content of the bequest and maintenance agreement shall be handled with the estate;

3. If there is no will or agreement, it will be treated as legal inheritance;

4. Generally, it should be evenly distributed among the heirs in the same order;

5. For the heirs who have special difficulties in life and lack the ability to work, they should be taken care of when distributing the inheritance;

6. Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more points.

Legal basis: Article 127 of the Civil Code of the People's Republic of China.

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" referred to in this Law includes children born in wedlock, illegitimacy, adopted children, and stepchildren who have a dependent relationship.

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.

Legal analysis: First, after the death of the elderly, first determine who should inherit his estate (the estate includes a house, bank deposits, etc.).

1. The old man has a will, and the heirs are confirmed according to the will.

2. The old man did not make a will, according to the legal inheritance regulations of our country, after a person dies, his parents, spouse and children have the right to inherit his estate, and the parents, spouse and children are called the first heirs in line to the throne. Grandparents are entitled to inherit the estate only after the death of all the first in line of succession. There are many heirs, and the inheritance ratio can be notarized by the notary office.

Second, after the heirs are determined, the disposition of the deposit is decided by the heirs.

1. If the heir knows the password of the passbook or card, he can withdraw it directly.

2. If you don't know the password of the passbook or card, the heir or the representative jointly recommended by the heir should go to the bank branch to report the loss and reset the password with his ID card, death certificate, inheritance notarial certificate, and the old man's passbook or card.

3. If the card or passbook is lost, the heir or the representative jointly recommended by the heir shall go to the bank branch to report the loss with his or her ID card, death certificate and notarial certificate of inheritance, and replace the card for discount.

3. If you are not sure which bank the old man has deposited money in, the heir or the representative jointly recommended by the heir can go to any bank with his ID card, death certificate, and notarial certificate of inheritance.

Legal basis: Article 1129 of the Civil Code of the People's Republic of China: Where a widowed daughter-in-law has fulfilled the primary obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled the primary obligation of support, she shall be the first-order heir.