Consultation on estate law, consultation on inheritance disputes

The law stipulates this, but what you think of must be the house, there are two ways, one is the way of litigation, which can prove the intention of the deceased to give you the house before his death; How you take care of the deceased, or your aunt's fault in this regard, etc., will win more benefits for you, of course, this will have to pay the cost of litigation, and it will also be detrimental to the harmony of the family in the future. The second is to discuss with your aunt, you pay the corresponding consideration to your aunt, and then take ownership of the house, as for how to pay, you can discuss it well, after all, it is a family, promise a number first, and it does not have to be paid at once, and then pay it back slowly, I believe that my aunt will understand you. It's much more cost-effective than selling the house and buying a house.

If the aunts are more unsympathetic, don't worry, communicate slowly, you can also communicate with their families, understand that everything is grinded out, so that you can also get the protection of interests, and you can also build a harmonious family environment. Don't use the law as a last resort! After all, a harmonious relative environment sometimes can't be bought back with money, I wish you success!

Since there is no will, the legal inheritance is carried out in accordance with the provisions of the inheritance law.

If the house is jointly owned by your grandparents, then half of the property belongs to your grandfather. The other half is legacy. Half of the estate is divided equally between your grandfather, two aunts and your father, and you have no right to inherit.

If it is your grandmother's personal property, which is divided equally between your grandfather, two aunts and your father, you have no inheritance rights. If your parents are no longer alive, you can subrogate your father's share.

Your grandfather wants to leave the house to you, then, most of your grandfather's share can be given to you, and your two aunts' shares can be discounted, and you give them money, and the house is yours.

Relatives, everything is discussed, and it will be difficult to get along in the future, and harmony is precious.

It depends on whether the house is joint property, and if it is joint property, at the time of your grandmother's death, half of the house is inherited as an inheritance, and the first order of heirs is a spouse, parents, and children, that is, your grandfather, your father, your two aunts, and your grandfather's other children.

Your two aunts can inherit a small portion of the property.

If it's your grandfather's personal property, he can handle the entire property individually and give it to whoever he likes.

Without a will, there is only legal inheritance.

Summary. Dear, <>

Hello, the settlement methods of inheritance disputes are: (1) self-negotiation between heirs; (2) Apply to the People's Mediation Committee for mediation; (3) Initiating a civil lawsuit with the people's courtArticle 21 of the Civil Procedure Law stipulates that a civil lawsuit filed against a citizen shall be under the jurisdiction of the people's court at the place where the defendant is domiciled; Where the defendant's domicile is not the same as the defendant's habitual residence, the people's court for the place of habitual residence has jurisdiction over civil litigation initiated against legal persons or other organizations, and where the people's court for the defendant's domicile has jurisdiction over several defendants in the same litigation whose domicile or habitual residence is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.

Advice on estate disputes.

Dear, I am glad to answer your estate dispute consultation pro, <>

Hello, the settlement of inheritance disputes: If the parties can reach a negotiation plan on the inheritance dispute, it will be handled in accordance with the negotiation plan. If the parties are unable to reach a negotiation on the dispute, the Jianyang contract dispute lawyer can apply for mediation organized by the state of Suiguan.

Dear, Ling Zheng Yin Cong Lu <>

Hello, the settlement methods of inheritance disputes are: (1) self-negotiation between heirs; (2) Apply to the People's Mediation Committee for mediation; (3) Initiating a civil lawsuit with the people's courtArticle 21 of the Civil Procedure Law stipulates that a civil lawsuit filed against a citizen shall be under the jurisdiction of the people's court at the place where the defendant is domiciled; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the place of habitual residence has jurisdiction over civil litigation initiated against legal persons or other organizations, and where the people's court for the defendant's domicile has jurisdiction over several defendants in the same litigation whose domicile or habitual residence is in the jurisdiction of two or more people's courts, each people's court has jurisdiction over the jurisdiction.

Kiss and <>

Hello、Is there any more questions here?

Legal Analysis: Inheritance Disputes are the most common disputes that occur in inheritance, involving a wide range of issues and not easy to resolve. The following will be explained by Hualu.com how to deal with inheritance disputes, hoping to provide some help to you.

Inheritance disputes are disputes that arise after the death of the deceased due to disputes over the estate of the deceased. If there is a dispute over inheritance rights, inheritance order, inheritance distribution, etc., it is an inheritance dispute.

Legal basis: Lawyers Law of the People's Republic of China

Article 8: Persons who have a bachelor's degree or higher from a school of higher learning, have been engaged in professional work for 15 years or more in a field where there is a shortage of legal service personnel, have a senior professional title or equivalent professional level, and have the corresponding professional legal knowledge, and apply to practice as a full-time lawyer, are to be allowed to practice upon passing the evaluation of the judicial administrative departments. The specific measures are stipulated by ***.

Article 15: In addition to meeting the requirements provided for in article 14 of this Law, the establishment of a partnership law firm shall also have three or more partners, and the founders shall be lawyers with three or more years of practice experience. A partnership law firm may be established in the form of an ordinary joint partnership or a special general partnership. The partners of a partnership law firm are liable for the debts of the law firm in accordance with the law in the form of a partnership.

Article 16: In addition to meeting the requirements provided for in article 14 of this Law, the founders of individual law firms shall also be lawyers with at least five years of practice experience. The incorporator has unlimited liability for the debts of the law firm.

Legal Analysis: Inheritance must begin after the death of the decedent. If the decedent does not die, the inheritance relationship will not occur, and only after the death of the decedent will the inheritance right become a vested right.

To realize the right of testamentary succession, there must be a legal will made by the decedent and the decedent has died, otherwise the testamentary succession relationship will not occur. If the parents are still alive, their children cannot inherit the real estate. It is okay for parents to donate their property to their children if they wish, but this kind of behavior is called a gift during life, not an inheritance.

The person who inherits the estate must be the legal heir of the deceased, that is, the legal heir or testamentary heir. The inheritance obtained by the heir in accordance with the law must be the lawful property owned by the deceased during his lifetime or other lawful property rights and interests that can be inherited in accordance with the law. Inheritance of joint family property, joint property of husband and wife and partnership property without division shall not be carried out as inheritance.

Property like this must be divided, and the part that belongs to the deceased personally is the inheritance. All illegally acquired property does not belong to the inheritance and may not be inherited.

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

Article 1153:Unless otherwise agreed, when dividing the property jointly owned by husband and wife, half of the jointly owned property shall first be divided into the spouse's property, and the rest shall be the decedent's estate. Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.

Article 1123: 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 1156: The division of the estate shall be conducive to the needs of production and livelihood and shall not harm the utility of the estate. Inheritances that are not suitable for division may be disposed of by means such as discounting, appropriate compensation, or joint ownership.

Summary. The order of inheritance and distribution of the estate: if there is a bequest and maintenance agreement, the donee inherits; If there is no agreement and there is a will, it will be inherited by the testamentary heirs; If there is neither an agreement nor a will, it shall be in accordance with the statutory succession, in the first order:

spouse, children, parents; Second order: siblings, grandparents, maternal grandparents. Legal basis:

Article 1123 of the Civil Code After the commencement of inheritance, it shall be handled in accordance with statutory inheritance; 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 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.

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.

The order of inheritance and distribution of the estate: if there is a bequest and maintenance agreement, the donee inherits; If there is no agreement and there is a will, it will be inherited by the testamentary heirs; In the case of a lease without an agreement or a will, the legal succession is in the first order: spouse, children, parents; Second order:

Siblings, grandparents, maternal grandparents. Legal basis: Article 1123 of the Civil Code After the commencement of inheritance, it shall be handled in accordance with statutory inheritance; 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 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, adoptive siblings, and step-siblings who have a relationship of support.

How to inherit the property will cost less.

The standard of real estate inheritance fee is the same, and it cannot be circumvented.

The names of the mother and daughter are on the real estate certificate, and when the daughter inherits all the property after the death of the mother, the inheritance fee is only half of the total value of the property?

In addition, do I still need to pay for my daughter's part?

Yes, the name of the mother and daughter Min or both on the real estate certificate, after the death of the mother, when the daughter inherits all the property, the inheritance fee is only half of the total value of the property.

There is no fee for the daughter's part.