Legal AdviceAbout Inheritance, Legal Advice on Inheritance

The person is gone, the ID card and household registration book are useless, and the death certificate or cremation certificate is used to go to the police station to cancel the account. The head of the household was the daughter when the new household register was reissued. You can consult the police station for details.

The heirs are daughters and sons, and have nothing to do with the mother, real estate certificate, death certificate, kinship certificate to the notary office for inheritance notarization, the property is inherited jointly by the son and daughter, if the grandparents are not alive, otherwise, the grandparents also have the right to inherit.

1. Find your ID card or household register.

2. The notarization of inheritance must be carried out, and the local village committee, neighborhood committee or unit needs to provide relevant certificates, death certificates and other materials to be handled at the local notary office, and then go to the real estate bureau to handle the transfer of real estate.

This doesn't matter if you don't change it, because your father only has two of you.

If there is no will, take the death certificate and go to the public security organ to issue relevant certificates to prove the legal inheritance relationship.

Zongheng Legal Network-Hubei Chenghecheng Law Firm-Wang Wen lawyer.

There must be these things, and then go to the notary office to have a notarization.

Or. Go directly to the notary office and see what the staff there says is needed.

Notarization or prosecution after the agreement. The registration department is required to go through the relevant procedures.

In accordance with the Law of Inheritance

Have the right to inherit. You can go to the housing management department to handle it.

Zongheng Legal Network-Hubei Chenghecheng Law Firm-Zhan Dingdong lawyer.

Legal Analysis: Legal advice on inheritance** is 12348. The new provisions of the Civil Code on inheritance are:

1. Video, printing and other forms of will are recognized; 2. The validity of a notarized will no longer takes precedence; 3. Introduce the estate administrator system. The Civil Code introduces the system of estate administrators, which clearly stipulates the selection of estate administrators under various circumstances, and clarifies the duties and responsibilities of estate administrators. 4. Increase the inheritance of the "forgiveness system"; 5. Provide more choices for the "elderly".

Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of inheritance shall be 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. 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.

1. Citizens may make a will to dispose of their personal property in accordance with the provisions of this Law, and may appoint 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.2. [Form of Will] A notarized will shall be handled by the testator through a notary public.

The self-written will shall be written and signed by the testator, indicating the year, month and day. The will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, indicating the year, month and day, and shall be signed by the scrivener, other witnesses and the testator. A will made in the form of a recording shall be witnessed by two or more witnesses.

In a critical situation, the testator can make an oral will. An oral will should be witnessed by two or more witnesses. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will made is invalid.

3. [Testamentary Witness] The following persons cannot be witnesses to the will: (1) A person who is incapable of acting or has limited capacity; 2) heirs and legatees; (3) Persons who have an interest in the heirs or legatees. 4. [Provisions on Special Reservations] The will shall reserve the necessary share of the inheritance for the heirs who lack the ability to work and have no livelihood.

5. [Invalidity of Wills] A will made by an incapacitated person or a person with limited capacity is invalid.

Article 1150 of the Civil Code: After the commencement of inheritance, the heirs who know that the decedent has died shall promptly notify the other heirs and the executor. Where none of the heirs knows of the decedent's death or is unable to notify the decedent's death, the residents' committee or villagers' committee of the decedent's unit or domicile is responsible for notifying them.

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The order of inheritance of the legal inheritance, the people in the first order, including spouse, children, and parents, are for the heirs in the second order. Among them, spouses, regardless of gender, have equal inheritance rights; Children, including legitimate children, children born out of wedlock, adopted children and dependent stepchildren; Parents, including biological parents, adoptive parents, and dependent stepparents.

Your family's property belongs to half of each of your father and your mother. After your father dies, even if you want to divide it, you can only divide it from your father's share. Divide your father's estate, you and your mother and your grandmother are all first-order heirs, and your aunt is not qualified to inherit your father's estate at all.

In other words, your father's estate will only be divided between your grandmother except you and your mother (the share is one-third of half).

First, divide the father's share of the property from the family property. Your father's spouse, parents, and children will inherit equally as the first in order. There are appropriate points for those who have difficulties.

You can search and consult the "Inheritance Law of the People's Republic of China" on the Internet to deal with the wealth accumulated by your father during his lifetime in accordance with the law; However, the law is objective and fair, allowing the heirs to negotiate to determine their respective shares, and also respecting the true will of the heirs to give up their inheritance rights. I believe that people will always be reasonable.

Attorney General**.

Lawyer Song Jianhai.