How to distribute the inheritance of children s inheritance There are retrospective points

As for the amount of inheritance, it depends on whether A has a will, if there is no will, it is a legal inheritance, and it also depends on whether A's support for A has ended, whether there is a question about A's alimony at the time of divorce, whether A is an adult, and now it is said that A's property is the joint property of husband and wife, and the current husband has half of it, and the rest is inherited by the heirs It depends

Okay, so from this case, first of all, A has the right of inheritance, and A's inheritance right is the same as A's spouse and parents.

Then, looking at A's property, A's inherited property is half of his and C's joint property and workers' compensation.

In other words, in this case, half of the joint property of A and C, as well as 25% of the workers' compensation for A's spouse, father, mother, and daughter A

1,A has no blood relationship or dependency relationship with C, so A has no right to inherit C's estate;

2. A and C are husband and wife, and are the first heirs of C, if C has no children and his parents have died, A can inherit all of C's estate, 3. If C has no children but his parents are still alive, A can also inherit all of C's estate, but has the obligation to support C's parents;

4. If C has children and the parents are still alive, A can first take half of the joint property and then divide the half of the joint property belonging to C equally with C's children, but the children of A and C have the obligation to support C's parents;

5. A is A's child, and if A is still a minor, A has the obligation to raise A, but A cannot get C's property through A;

The heirs are distributed according to the first order of legal succession: spouse, children, parents.

The money paid by the company and the money left by her are counted together, and belong to the joint property of the husband and wife, 1 2 belongs to C, and then the remaining part belongs to A's estate, and then the 1 2 is divided equally between C, child A and the parents.

Let's look at this separately.

The company compensates part of the money, which is a consolation payment to the family of the deceased, not the estate of the deceased, that is to say, to the close relatives of the deceased (the meaning in civil law), to put it bluntly, that is, the spouse, parents, and children of the deceased, combined with this case, it is the spouse of A, C, the father and mother of A, and the child of A, which is divided equally.

A part of the money left behind is inherited by the heirs of the deceased Person A, and in this case, it is divided equally between A's spouse C, A's father and mother, and A's child A.

Remember not to forget your parents, and you can't forget your roots.

Article 10 of the Inheritance Law 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.

The spouse of a child does not fall under the category of heirs. However, the property inherited by the child is jointly owned by the husband and wife and is the joint property of the husband and wife. See Article 17, Paragraph 4 of the Marriage Act.

The distribution of inheritance rights of children is as follows: In general, the distribution of inheritance rights should be the same as that of other heirs in the same order. However, if the child has special difficulties in life and lacks the ability to work, he or she shall be taken care of.

If the children have the ability and conditions to support them, but do not fulfill the obligation to support, when distributing the inheritance, they shall not be divided or the source shall be less.

[Legal basis].

Article 1127 of the Civil Code of the People's Republic of China.

The estate is inherited 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. If there is no first-order heir to inherit, the second-order heir in the first crack shall inherit.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

Article 1130.

The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who have special difficulties in living in buried mountains 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.

Legal Analysis: Division of the Estate after the Death of a Son:

1. If there is a will or bequest agreement, it shall be divided according to the will or agreement;

2. If there is no will, the legal inheritance, that is, the estate, is divided in the following order:

1) Spouse, children, and parents are the first-order heirs;

2) Siblings, grandparents, and maternal grandparents are second-order heirs.

The share of the inheritance of the successor in the same order shall generally be equal.

Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of the estate 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. If there is no first-order heir, the second-order heir shall inherit.

When the decedent has a will or bequest maintenance agreement, the heirs of the estate are determined by the will or bequest maintenance agreement, and the estate is also divided in the manner specified in the will or bequest maintenance agreement.

If there is no will and bequest maintenance agreement, when it is handled according to statutory inheritance, the heirs of the estate are determined in accordance with the provisions of the Inheritance Law of the People's Republic of China, and generally the first-order heirs are inherited, and the first-order heirs include the spouse, children and parents of the decedent; If there are no heirs in the first order, the heirs in the second order will inherit the succession, that is, their siblings, grandparents, and maternal grandparents.

As for how to distribute the inheritance at the time of statutory inheritance, it is also handled by the "Inheritance Law", which is generally divided equally among all heirs, and the heirs can also not be divided equally after negotiation, and those who have no ability to work and have difficulties in life among the heirs can divide more; Those who take more care of the deceased may receive more points, and those who have the capacity but do not take care of them shall receive less or no shares.