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This is a complicated question.
First of all, it depends on whether your aunt asserts her rights or not. At the beginning, her grandfather's will was to give her the house, so she had the right to ask for the inheritance of the house and the transfer of the house to her grandmother, which violated her rights, and she could ask for it to be returned. However, if she is willing to give up this right, then the house is still grandma's.
In addition, if your grandfather's will has been made for more than two years and your aunt has not claimed her rights, then according to the provisions of China's inheritance law, "the time limit for filing a lawsuit for inheritance disputes is two years, calculated from the date on which the heirs knew or should have known that their rights had been infringed." When the statute of limitations has expired, the right is no longer protected.
Then, if it is excluded that your aunt gets the house according to your grandfather's will, then after your grandfather's death, it should be handled according to the legal inheritance, so the grandmother, two sons and one daughter of the house have the right to inherit, and everyone has a share.
However, you also said that the house was transferred to your grandmother's name, so there is another possibility - after the grandfather's death, the other heirs, that is, two sons and a daughter, gave up their inheritance rights and gave the house to the grandmother, then in this case, the house belongs to the grandmother alone, and she can dispose of it as she wants, and it is completely fine to give it to the younger son.
You'd better make this clearer.
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When does it mean after that? Was it before grandpa passed away or what?
If the grandfather dies, the house should be divided to the aunt according to the will, and my country's marriage law stipulates that testamentary succession is more effective than statutory inheritance.
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Now the house belongs to the grandmother, and the grandmother has the right to make a new will.
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If the old man intends to give the house to his second son, he can make a will, a will with obligations.
Should the old man's first two sons be the sons of his ex-husband and then raised by his later husband, or did the first two sons have no relationship with the stepfather?
If there is a relationship of dependency between them, then the first two sons are entitled to inherit the estate of both of you.
If there is no dependency relationship, your first two sons can only inherit property in your name with your third son, and your second husband's personal property can only be inherited by your third son.
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Valid, but the agreement may not be clear, and at the same time, there will be a key issue that is whether the qualifications of witnesses and the number of witnesses comply with the law.
I don't understand what you're referring to.,Infringement of joint property is limited to the property of these two people.。。
It can only be said that it is possible. How to inherit is in accordance with the plaintiff's claim and the judgment of the people's court.
Supplemental supplements may be requested, and the people's courts may also be requested to conduct an on-site inventory.
The funeral expenses shall first be deducted from the total amount of the estate.
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1. Your mother's first heirs in line mainly include: children (yourself), spouse (your stepfather), and parents (your grandmother and grandfather). As for the daughter brought by your stepfather, it depends on whether the age of the daughter is over 18 years old when your mother marries your stepfather, and whether a relationship of custody has been formed.
2. Your mother's property: two façade property rights obtained after divorce and before remarriage, all property rights of a car, half of the property rights of the mortgaged car and the mortgaged house. If there are other assets such as marital deposits, half of which belong to your mother's property, it will be treated as an inheritance.
3. In the absence of a will, in accordance with the statutory inheritance, in principle, it shall be divided equally among multiple heirs.
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Regardless of whether the money is from your mother alone, it is the joint property of their husband and wife (unless otherwise agreed between their husband and wife), you can only share half of your mother's property at most, and it is best for you to ask your mother to make a will for you in advance, and it is best to notarize it, so that it is most beneficial to you, and you may inherit all of your mother's estate. If you still don't understand, contact me again.
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If there is a will, it shall be in accordance with the will, and in the case of legal succession without a will, the spouse, children and parents are all first-order heirs.
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First of all, you and your stepfather are your mother's first-order heirs, and if your stepfather's daughter forms a relationship with your mother, she is also first-in-line. Secondly, your mother's pre-marital property is divided equally among the first-order heirs in principle, and half of your mother's post-marital property after remarriage belongs to your stepfather, and the other half is equally divided among the first-order heirs.
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According to your statement, the matter is more complicated, and you can go to the law firm for a detailed consultation in person.
Lawyer Zeng Jinfeng.
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1.The only reason to judge whether a couple should divorce is whether the relationship between the couple has broken down. Therefore, even if you are not filial to the other party's parents, you cannot be considered to be the fault party in the marriage. If the man insists that your relationship has broken down, the court will usually grant a divorce.
2.If both spouses are fighting for custody, then half will be awarded to the parent who is more conducive to the child's development. In your case, you both have regular jobs that are generally awarded to mothers.
Child support is generally half of a month's living expenses (a few hundred to a thousand) plus education, medical care, etc.
3.Housing is joint property, and property is half for one person. As for how to divide it in the end, it can be discussed.
4.Yes, you need to prove that the man's savings are your joint property, and now you can pay attention to collecting some evidence such as relevant deposit receipts, salary slips, etc.
5.If there is proof, it can be recovered, so now it's time to start collecting evidence.
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An oral will is not supported by other evidence, and the house can only be disposed of as an inheritance in accordance with the law, which is divided equally among the heirs. You can compensate for the harm caused by your husband's practice of concealing his illness.
Thank you for the answer from the two friends upstairs!!
Continue to ask: My parents-in-law are still alive, and my husband and I have no children, so can I still inherit half of the property? Or can you only inherit a third of the property?
My husband had surgery before marriage and knew that he had a very dangerous disease, and his friend was able to confirm it, but whether he knew that it was cancer at that time has not yet been confirmed, can this still be considered as a factor when inheriting the inheritance?
If I remarry, do I still have the right to inherit the property?
If my in-laws pass away in the future, how should I inherit the property?
Thank you for your answer!!
Remarriage does not affect the continuation of your husband's estate. Your in-laws and you are both first-order continuators, and the rights are the same, so you can only get a third.
If you remarry, you will have nothing to do with your in-laws, and you will have the right to continue their inheritance in the future. If you are no longer married, you are entitled to inherit their estate if you have the primary obligation to support them.
You should know that you have a serious illness that will affect your normal life after marriage, or you know that you will die soon, so that it may cause harm to you.
Agree with the upstairs opinion, you can only inherit 1 3 of the property, your husband has caused you harm, but how to bear the liability for compensation without a court judgment, but the other person has passed away, how can you participate in the lawsuit, so you want to claim compensation or compensation is a little difficult.
Inheritance one-third, the future death of your in-laws has nothing to do with your future remarriage and inheritance.
The matter of compensation should be mentioned in the divorce proceedings, and since there is no divorce now, there is naturally no compensation in the inheritance.
You can inherit one-third, and since it is your property, you certainly have the right to dispose of it.
There are still a few questions that I haven't figured out:
1.If the man knows that his illness is dangerous before marriage and conceals it, can the woman take more points when inheriting the estate?
2.Can the woman get some compensation from a legal point of view for the mental trauma caused by the man's concealment of his illness before marriage?
3.If the husband's parents died before the estate was settled, who should inherit the portion that the husband's parents should have inherited?
3.If the husband's parents died before the estate was settled, who should inherit the portion that the husband's parents should have inherited?
I'm a little scared to see you with this question, it won't be
The friend upstairs is cranky, I am a good citizen.
I was hurt, but I never hurt anyone.
You can inherit half of the property.
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First, because the house still belonged to the state at the time of your father's death, there is no question of whether the house will be inherited by you or by your stepmother.
Second, because the house was bought in your stepmother's name, the house is legally your stepmother's (at least on the surface) unless you have other evidence to prove that you have the title
Third, because the housing reform is more complicated, the share of the property between you and your stepmother in the house needs to be judged in detail by looking at the information at the time of the housing reform.
If you still have questions, you can contact me**.
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