Second marriage inheritance disputes, inheritance house remarriage disputes

Landlord, I sympathize with you. But the law is about evidence. Your grandfather made a legal and fair will before his death, so his validity is not high.

Hardly even the courts can doubt his authenticity. Of course, if you can find other wills made by your grandfather during his lifetime (later than a fair will), then the problem can be remedied.

Yes, it is possible to sue directly in court.

The inheritance law clearly stipulates that the validity of a notarized will takes precedence over other wills. This has nothing to do with the order of the time it was made, to put it bluntly: no matter when other wills were written, as long as the grandfather has a notarized will, the validity of the notarized will takes precedence.

1. The inheritance law stipulates that the inheritance of the estate shall set aside a share of the inheritance for the heirs who have lost the ability to work and have no income, and if your father is disabled and has no economic ** and cannot take care of himself, it should be written and evidence should be presented in the litigation claim. Even if there is a notarized will, the court judgment will give your father a certain share of the inheritance, note: your mother does not have such inheritance conditions (she is not a legal heir).

2. It is also possible to go directly to the court to apply for a reduction or exemption of litigation fees, but the regulations on the reduction and exemption of litigation fees will be different in different places.

3. If your father is disabled and has no income, you have a high chance of getting a share of the inheritance, but the probability of winning the case is related to various factors such as the facts of the case, the judge's discretionary standards, and the local judicial fairness, so it is difficult to say that you will completely win the case.

Settlement of the estate dispute of the remarried man Qi Tong: Under normal circumstances, if the will specifies, it will be handled in accordance with the will. If there is no designation, the heir can negotiate to deal with it, and if the negotiation fails, it can be resolved through third-party mediation, litigation to the court, etc.

[Legal basis].Article 233 of the Civil Code of the People's Republic of China.

If the property right is infringed, the right holder may resolve it through conciliation, mediation, arbitration, litigation and other means.

Article 1127.

The estate is inherited in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents. High Rantan.

Article 1123.

After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will to accompany the forest, 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.

The wife of the second marriage has the right to inherit the property. The spouse in the legal heir refers to the current spouse of the decedent, whether it is the wife of the original spouse or the second marriage, as long as it is the current spouse of the decedent, she can inherit the inheritance of the decedent.

Civil Code of the People's Republic of China

Article 1123.

After the commencement of inheritance, it shall be handled in accordance with the 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.

The People's Republic of China and the Civil Code of the People's Republic of China

Article 1127.

The estate is inherited in the following order:

a) First order:

spouse, children, parents;

b) 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 method of distribution of the pre-marital property after the death of the second wife: the joint property shall be distributed according to the agreement, and if there is no agreement, it shall be divided in half, and the remaining part shall be the inheritance. Then, the share of the estate is calculated, and the inheritance is carried out according to the order of agreement succession, testamentary succession, and statutory succession.

If there is no will or agreement to inherit, it shall be inherited by the heirs in the first order, the heirs in the second order will not inherit, and if there is no heirs in the first order, the heirs in the second order shall inherit.

[Legal basis].Article 1127 of the Civil Code of the People's Republic of China.

The inheritance is inherited in the order in which the next bird laughs:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

Article 1123.

After the commencement of the inheritance, it shall be handled in accordance with the legal 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 1153.

Unless otherwise agreed, when dividing the property jointly owned by the husband and wife, half of the jointly owned property shall be divided into the spouse's possession, 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.

Legal analysis: The distribution of the inheritance of the second marriage is in accordance with the laws of our country, and if there is a will or bequest agreement, the bequest agreement and the will shall be applied first, and if there is not, the inheritance shall be carried out according to the statutory inheritance. The first order of legal succession is the parents, children, and spouse of the deceased party, and if one of the parties to the second marriage dies, the parents, children, and spouse of the deceased party can inherit the estate according to the legal inheritance.

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

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 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; b) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it will be inherited by the first-order heirs of the Ant Cong, and the second-order heirs will not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "disgraced children" includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

Legal Analysis: The order is divided into two orders, the first order of heirs is the scope: children of the ex-wife or ex-husband, spouse, children born after remarriage, minor children of the ex-wife or ex-husband who live together after remarriage, and the parents are all first-order heirs.

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

Article 1120 The inheritance of the estate shall be in the following order: (1) the first order: spouse, children, parents; b) 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, illegitimate children, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents, and step-parents who have a relationship of dependence. 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.

Article 1130:The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who have special difficulties in living and lack the ability to work 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.