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You, your father, and your grandparents are all first-in-line heirs. If you look at your mother, you are a child, your father is a spouse, and your grandparents are parents.
Inheritance Law: Article 10 The inheritance shall be carried out in the following order:
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. If there is no first-order heir, the second-order heir shall inherit.
The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.
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.
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First-order heirs: spouse, parents, children. Both.
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Legally, it is a child, but there are many other factors that will lead to the change of the heir, such as who will take care of him when he is sick, many times the person who takes care of him will become the first heir, sometimes the lawsuit cannot be won, and there are others, the details are still asked by the lawyer.
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The first heirs are you and your dad.
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Grandma and you have, and your uncle is subrogated and given to you first. Unless she has a will. Is your mom okay?
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Your mother's heirs include her spouse, children, and parents (i.e., the primary legal heirs). These people jointly inherit your mother's property.
Then, your grandmother has inherited her share of the property, and when she dies, there will be an inheritance similar to the one described above, that is, your uncle can inherit your grandmother's property.
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Your grandmother has the right to inherit, and your uncle can inherit your grandmother's share.
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Your mother has died, and only you have the right to inherit! None of the others.
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1. Reply to the landlord in full:
If you have not yet notarized the estate, you may not be aware of the situation, and it is theoretically impossible to directly divide the three-eighths and five-eighths in the inheritance.
If 50% of your mother's property rights become an inheritance, if your grandparents are willing to give up the inheritance, and your father is also willing to give up the inheritance, then you will directly take 50%, the same as your father's property rights.
If your grandparents give up, your father and you inherit, there will only be 75% and 25% of the proportion, unless your grandparents do not give up, inherit and then give it to you, so you need to charge 2 times of notarization fees, if your father wants to give you the house, as long as you go through the gift procedures for 50% of your own to you, inheritance notarization and gift notarization are about 2% of the handling fee, according to the proportion of property rights charged to you, you also have to pay the deed tax.
Hope it helps.
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Your existing house does not affect your inheritance and acceptance of gifts, but you need to go to the notary department to handle the notarization of inheritance and gift of real estate, and then go to the housing management department to handle the transfer, you need to pay stamp duty, etc., but you need to pay a large notary fee for notarization. For more information, please consult the housing registration department and the notary office, and their opinions shall prevail.
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The first heirs are your parents, wife, and children, that is, your grandmother, yourself, your father, and your brothers and sisters.
If your grandmother directly agrees to give it to you or make a will for you to inherit, you can own a part of it that belongs to your grandmother.
If your grandmother dies, since you are not the first heir, as long as one of your uncle and aunt is alive and has not made a will for you, you have no inheritance right, and your father has no inheritance right. That is, you have to own the house with your father, your uncle, and your aunt.
Of course, since your grandfather died before your mother died, your mother should inherit part of your grandfather's property, and after your mother dies, you should also inherit a part of it. You can exchange this for your uncles and aunts.
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Others should have a share, and if you change someone else before your grandma dies, you won't have a share. It should all have been shared. It shouldn't be the joint property of you and your dad.
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1. If there is no will, it will be inherited by law.
The first order of legal inheritance is: husband and wife, parents, and children, so if there is no will, your mother's brothers and sisters have the right to inherit In the case of a will, the estate involved in the will belongs to the testamentary heir, and the estate not involved in the will is still treated as legal inheritance.
A will is different from a bequest, and in the real case of a will, if the testamentary heir does not expressly renounce the right of inheritance, it is deemed to have accepted the testamentary succession, which is not limited in time.
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First of all, the inheritance law clearly stipulates that children have equal inheritance rights, that is, your mother's siblings have the right to claim inheritance;
Secondly, the inheritance should be filed in a timely manner, and the general statute of limitations is two years, however, since all the children of your grandparents have the right to inherit. After the commencement of the inheritance, all the heirs are in common with the inheritance. If such a joint relationship is to dissolve the property, it is the right to claim in rem.
However, there is no statute of limitations for the right to claim in rem, and from this point of view, they can claim the dissolution of property at any time;
Thirdly, it is recommended to immediately negotiate the matters related to the inheritance and division of the property, and if it is not possible to negotiate, one of the heirs can file an inheritance and dissolution and request the division of the estate; and named all heirs as defendants.
Finally, about the provisions of the inheritance law, I won't post it here, other netizens have already posted some of them, and you can also take a look at the specific laws yourself.
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If there is a will but the heirs do not know about it, according to Article 8 of the Inheritance Law, "the time limit for initiating a lawsuit in an inheritance dispute shall be two years, calculated from the date on which the heirs knew or should have known that their rights had been infringed." However, if more than twenty years have elapsed since the commencement of the inheritance, no further proceedings may be filed.
When filing a lawsuit, if it can be proved that the inheritance event was only known within the past two years, the court should support it, otherwise the statute of limitations has expired. That is, it should be within 2 years from the date of knowledge.
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All have legal inheritance rights, and wills take precedence; There is no time limit.
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In the absence of a will, your grandfather's children have the right to inherit if the legal process is followed.
If you have a will, it will be easy to do, and the will will will give it to whomever it says! There is no time limit for a will.
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If there is a will, it will be a will, and if there is no will, it will be according to the law.
Unless there are special circumstances, your mother and her siblings have the right to inherit.
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As long as the will remains valid without revocation, all children have the right to inherit.
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There is a will and it is valid to inherit according to the will, otherwise it is inherited according to the law.
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1. If there is a will, it will be inherited according to the will.
2. If there is no will, it shall be inherited according to the law.
3. The parents, spouse and children of the deceased have the same inheritance rights 4. It is recommended to negotiate and deal with it.
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There is no legal order of succession, and the stepmother is not the legal heir of your grandparents. And you, as your father's child, can do subrogation. If there is a will, it is executed in accordance with the will.
In the absence of a will, the heirs shall inherit in the first order, namely; Spouse, parents, children.
You can consult a lawyer directly and make a reasonable judgment for you according to the situation.
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Notice that the property belongs to the father. The stepmother is his wife, plus your grandparents, yourself, your half-sister. All are level-level. Either coordinate it yourself and go to court, and it will definitely be sentenced according to this proportion.
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